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Lecture-3 Income Classsification and Residential Status
Lecture-3 Income Classsification and Residential Status
Lecture-3 Income Classsification and Residential Status
Tax Credit
Tax Free Income Tax Payable Income
Income
Assessable Income
Assessable income are those incomes,
which are included in computation of
total income of an assessee.
Example:
-Bonus to an Employee
-Perquisites of an employee etc.
It is the income which may come from
the 7th sources of income.
Types of Assessable income
1.Tax free income:
Tax free incomes are those incomes, which are included in the
determination of total income to get total taxable income
and applicable tax rates. However, tax relief or rebate is
allowed on average rate on such income
ITO 1984 section 44(2)(a)para 15 and 16th of the sixth
schedule has stated these two sources are considered as
tax free income as rebate is allowed on such income at an
average rate
a) Income from partnership if the tax has been paid by the
firm.
b) Income from association of persons on which tax has
already been paid by the association.
Computation of Average rate
• Average tax rate=Total tax/total incomeX100.
Rebate on tax free income
=Total tax free income X Average tax rate
Or
Rebate on Tax free income
=Total tax/Total income X Total Tax free income
Example
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Classification of Assessee on the basis
of residential status
1.Resident
An individual will be resident in any income year if he
fulfills any of the conditions stated in Section 2(55) of
the ITO 1984.Such as he should stay for a period of 182
days or more in that income year.
2.Non Resident
An individual will be declared a non resident as per
section2(42) in any income year if he does not fulfill
the conditions section2(55) of the ITO 1984.As per
citizenship a non resident can also be divided into
;a)Non resident Bangladeshi ,b)Non resident foreigner.
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Effects of Residential Status
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An Analysis of the above provisions
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Incidence of Tax on Non Resident
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Effects of residential status in
determining tax liability
1.To determine the amount of total income
2.To determine minimum limit of taxable income
3.Tax rate
4.Income tax rebate
5.Tax liability
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Methods of Determining Residential Status
1.An Individual
The tests of residence for individual assessee are given in Sec.2(55) of
the ITO 1984.To be resident of an assessee, an individual must fulfill
one of the following conditions:
a) If he stays in the country for a period of at least 182 days or more
during the income year , or
b) If he stays in the country for at least 90 days during the income
year and also had been in the country for a period at least 365
days during four year preceding the income year.
It is to be mentioned here that residential status of an assessee is to be
determined separately for each income year. It is not related to
assessment year. It is also to be remembered that the duration of
stay may not be continuous or permanent resident in Bangladesh.
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Example
• Mr. Ogden is a UK citizen has been living in Bangladesh
since 1st January 2008.He left Bangladesh on 16th July
2011 on a Visit to UK and returned on1st January
2012.What would be his residential status in the
income year 2011-2012.
• Solution:
He stayed in Bangladesh in the income year 2011-12 :
July-2011=16days+January-2012,31 days+Feb-
12,28days+Mar-12,31 days+Apr.12,30days+May-12,31
days+ June-12,30 days=197 days.
The rule is 182 days or more . So, He is resident tax payer
of Bangladesh
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If Mr.Ogden returned on 1st March,2012 what would be
his residential status?
• Ist test:Is he stayed 182 days or more during the income year 2011-2012.
July 2011 =16 days
March-12 =31days
April-12 =30 days
May-12 =31 days
June-12 =30 days
Total =138 days <182 days so, we need to do 2nd test.
2007-2008 =181
2008-2009 =365
2009-2010 =365
2010-2011 =365
Total 1277 days
So,He is resident tax payer of Bangladesh
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2.Residential status of HUF(Hindu Undivided
Family , firm or AUP(Association of Persons
• These assesses will be treated as residents in
Bangladesh if any part of the control and
management affairs is situated in the country.
• On the other hand, if the control and
management of these assesses are from
outside Bangladesh, they will be treated as
non resident.
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3.Residential Status of a Company
To be resident, a company should fulfill one of the
following conditions:
A)It should be a company registered in Bangladesh under
Companies Act 1913 or 1994 or a body corporate
established or constituted by or under any law for the
time being in force in Bangladesh having in either case
its registered office in Bangladesh.
So, a Bangladeshi company will always be treated as
resident.
B)In the case of other companies, they will be resident if
the controls and management (Meeting of
Directors)are situated wholly in Bangladesh.
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