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WHT Guide Maldives
WHT Guide Maldives
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1
WI
THHOLDI
NG T
AXGUI
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HOW TO CALCULATE,DEDUCTANDPAYWI
THHOLDI
NG TAX
Introduction
This is a general Guide issued to help you:
1415
Fax:
331 6577
Email:
1415@mira.gov.mv
Website:
www.mira.gov.mv
This Guide is correct at the time of publication (April 24, 2013) and is intended to be a general guide to WHT. It is
therefore not expected to be a substitute for a detailed research or exercise of professional judgment on taxation
matters in the Maldives. Subsequent changes to the law can be found on the Maldives Inland Revenue Authority
website www.mira.gov.mv
Table of Contents
Introduction
Table of Contents
4. What is a Person?
5. What is a Non-Resident?
8. What are the types of payments that do NOT require WHT to be deducted?
10
11
12
13
14
15
17
17
17
18
18
22. Do I have to file any document along with the WHT Return?
18
18
24. Does WHT apply to payments made by our permanent establishment in the
Maldives?
18
19
20
27. Is WHT deductible if our PE in the Maldives pays our overseas Head Office a
management fee?
20
20
21
21
31. What exchange rate do I use to calculate WHT in Rufiyaa if I pay the non-resident in
a foreign currency?
21
32. What are the penalties for not paying the correct amount of WHT on time?
22
33. What are the penalties for not filing WHT return on time?
22
23
35. Am I required to deduct WHT from payments made after 18 July 2011 that relate to
services provided before 18 July 2011?
24
36. Can I set off the WHT that I deduct from payments to non-residents against the BPT
that I have to pay on my profits for the year?
25
37. What happens if I deducted WHT before the recipient became a resident of the
Maldives, but later in the same tax year he became a resident?
26
1.
2.
3.
4.
What is a Person?
A Person includes an individual, a company, a partnership, a cooperative society,
a trust, and a body of persons.
5.
What is a Non-Resident?
There are special tax rules to determine whether a Person is a non-resident and
they depend on whether the Person receiving the payment from you is (i) an
individual, or (ii) a company, or (iii) a partnership, cooperative society, trust, or
other body of persons.
6.
the Government.
7.
Other commissions or fees for services that are not income from
employment (See Section 14 below)
8.
9.
Example 1
Example 2
10.
WHT
deductible
3.
deductible
2.
WHT not
digitized product
5.
Customized software
6.
Site
licence
where
on-selling
or
reverse
9.
11. Rights
to develop add-on
applications
by
Example 3
Example 4
10
11.
Example 5
11
12.
Example 6
6
A Maldives-resident importer and distributor contracts a United Statesresident company to build and maintain a new company website.
The United States company therefore provides technical services to the
Maldivian company. The fee paid for the services is subject to WHT.
12
13.
Audit services
Sales representation
Example 7
7
You are a resident of the Maldives who operates a number of water sports
activities. You engage an Italian-resident economic consultant to
investigate your customers price sensitivity to your proposed new scale
of charges.
The fee that you pay to the economic consultant is for personal services,
and is therefore subject to WHT.
13
14.
the service for which the commission or fee is paid is performed in the
Maldives;
or
Other commissions or fees are payments for services not specifically mentioned
already, which you make to non-residents for the purpose of your business.
However, they do not include payments you make to your employees who are
non-residents.
Payments for services that enhance sales revenue (e.g. commissions, marketing
fees and advertising costs, etc.) are subject to WHT, but a payment for services
related to back office functions is not treated as an other commission or fee.
However, the payment could be subject to WHT under another category (e.g.
computer software).
NOTE: in applying this broad rule in practice, you must deduct WHT if the payment
that you make to a non-resident is for something directly related to your supply of goods
and services in the Maldives.
Examples of other commissions and fees include:
Agency commissions
14
Example 8
Example 9
10
insures its air traffic liability with a Singapore insurance company and
makes quarterly insurance premium payments.
The Maldives company is not required to deduct WHT from the
insurance premium paid to the Singapore insurance company because an
insurance premium is not a commission or fee.
15.
15
Example 10
16.
16
SHAREHOLDER (1)
Associates
Shareholding
Associates
Associates
Shareholding
Shareholding
Shareholding
Example 11
10
arranges for its overseas parent company (OP) to engage a New York
media company (NY) to film some video clips to promote ISPs business in
the Maldives. OP pays NY for its services.
Here, a fee is paid for a service provided to a person associated with the
supplier of goods and services which are consumed in the Maldives and
the service is provided in connection with those goods and services, i.e. OP
is associated with ISP (being ISPs parent company) and ISP supplies
internet services, which are consumed by its customers in the Maldives.
OP obtains NYs services and those services are provided in connection
with ISPs supply of internet services in the Maldives, viz. the video clips
are intended to increase ISPs sales of internet services in the Maldives.
Therefore, the payment to NY for its services is subject to WHT.
17
17.
18.
Example 12
You provide safari boat diving excursions to tourists. You have identified
a launch in Male, which you are considering adding to your fleet. You
engage a marine surveyor from Singapore to inspect the boat in Male for
seaworthiness and compliance with marine transportation regulations. On
1 November 2012, the surveyor sends you an invoice for his survey fee of
MVR 27,325. You pay the invoice on 14 December 2012.
Since the marine surveyor is a non-resident who supplied you technical
services, you are required to deduct WHT at the rate of 10% from the
gross amount of his fee. The gross amount is the amount that he billed
you for his services, i.e. MVR 27,325. The WHT is 10% of that amount, i.e.
WHT of MVR 2,732.50.
19.
Example 13
18
20.
Example 14
In Example 12, you paid the Singapore marine surveyor, and deducted
WHT of MVR 2,732.50, on 14 December 2012. Therefore, you must pay
that WHT to the MIRA by the by 15 January 2013.
21.
22.
23.
24.
19
25.
a branch
an office
a factory
a warehouse
a workshop
Example 15
26.
20
27.
28.
21
29.
30.
31.
22
Example 17
32.
What are the penalties for not paying the correct amount of WHT
on time?
Failure to pay tax by the due date;
interest on unpaid WHT at the rate of 1% per month from the due date
of payment until the date that the WHT is paid; and
33.
What are the penalties for not filing WHT return on time?
Failure to file WHT return by the due date;
23
34.
Example 18
USD
xxxxxx
(xxxx)
250,000
Net amount .9
= 250,000 .9
= USD 277,777
Therefore, the WHT due is 10% x USD 277,777
= USD 27,777
and the correct position is:
Gross payment (before deduction of WHT)
Less WHT
Net payment (after deduction of WHT)
277,777
(27,777)
250,000
Note
24
35.
Example 19
25
36.
Can I set off the WHT that I deduct from payments to nonresidents against the BPT that I have to pay on my profits for the
year?
No, you cannot deduct WHT from your BPT liability. The WHT is not your tax. It
is a tax charged on the non-resident. You simply collect it from the non-resident
(by way of deducting it from the payment to the non-resident) and pay it across
to the MIRA.
However, if the non-resident has a PE in the Maldives and derives the specified
payment through the PE, the non-resident can deduct the specified payment
from the PEs gross income in calculating the PEs profit subject to BPT.
Example 20
26
37.
Example 21
Example 22