Workshop on: Cambodian Tax on Salary and Withholding Taxes

Transcription

1 Workshop on: Cambodian Tax on Salary and Withholding Taxes 24 February 2015 Agenda Introduction on Cambodia Tax System Real Regime System of Taxation Tax Registration Requirement for NGO/IO General Concept on: Tax on Salary TOS Tax on Fringe Benefit TOFB Withholding Tax WHT Calculation of TOS/FBT and WHT Procedures for Preparation and Submission of Tax Returns Questions and Answers Q&A Page 2 1

2 Training Outcomes Page 3 Training Outcomes Training Outcomes At the end of the session, you should be able to: Understand the principal of Tax on Salary and Withholding Taxes Implication Calculate the Tax on Salary and Withholding Taxes Comply with Cambodian tax law Page 4 2

3 Introduction Page 5 Introduction to Cambodian Tax System 24 February

4 Tax System and Registration Tax System Real regime Estimated regime Simplified regime (not implemented) Registration All real regime including companies, NGO, IOs,. By 15 days after registration with MoC or relevant ministries General Concept Page 8 4

5 Tax on Salary ( TOS ) 24 February 2015 Tax on Salary Introduction TOS is a monthly tax imposed on salary that a employee has been received within the framework of fulfilling employment activities. TOS shall be collected through withholding by employer at the time of salary payment. Resident physical person à tax on worldwide salary income. Non-resident physical personà tax on Cambodian salary-source income. Residency status of employee: Has residence in Cambodia; Has principal place of abode in Cambodia; or Is present in Cambodia on more than 182 days in any 12 month period ending in the current tax year. Non-resident employee who are not met the test of residency status. Page 10 5

6 General Provision The term Salary includes salary, remunerations, wages, bonuses, overtimes, compensations and fringe benefits paid to employee. Employer or its representative is obligated to withhold the monthly TOS from his employees at the time of each salary payment, and to file and pay the monthly TOS to the tax authority. Deadline à by the 15th of the following month. Page 11 Exemption on TOS - Resident Under Article 43 and 44 of LOT, the following salary shall be exempted from the TOS: Salaries of certain employees of approved diplomatic, international and aid organizations. Salaries of members of the National Assembly and Senate. Real reimbursement from employee under assignment for the benefit of the employer. (Certain conditions applied) Indemnity for layoff as provided in Labor Law. Additional remuneration with social characteristics as provided in Labor Law. Certain uniform entitlements. Certain flat and travelling allowances (e.g. business purpose) but not redundant with real refund. Page 12 6

7 Exemption on TOS Nonresident The salary of a non-resident will be exempted from the TOS if all the following conditions are met: The employee is present in Cambodia for no more than 182 days in any period of twelve (12) months ending in the current tax year; The employee receives the remuneration or salary which is paid by or on behalf of an employer who is not a resident in Cambodia; and The remuneration or salary paid to the employee is not borne by a permanent establishment or fixed base of operation maintained by the employer in Cambodia. Page 13 Monthly Taxable Salary Monthly taxable salary for resident employee: Salary received from Cambodian sources; Salary received from foreign sources; and Advance money, loan or installment made by the employer to the employee (To be added to the taxable salary of the month in which they are paid out and deducted from salary in the month of any repayment made by the employee). Monthly taxable salary for non-resident employee includes salary from Cambodian sources only and there is no deduction allowed. Page 14 7

8 Rebate 75,000 Riels per month is provided to employee s dependent à child age up to 25 years old and still studying full time at a recognized educational institute or minor child age less than 14 years old. 75,000 Riels per month is provided to dependent spouse. Deduction is allowed only for resident employee and based on the evidence of family situation. Page 15 TOS on Resident Taxpayer (Calculated from January 2015 onwards) TOS for resident taxpayer is calculated at progressive tax rates ranging from 0% to 20%. Table below is the salary tax computation for resident: Monthly Salary (Riels) Tax Rate Formula From 0 To 800,000 0% X*0% From 800,001 To 1,250,000 5% X*5% - 40,000 From 1,250,001 To 8,500,000 10% X*10% - 102,500 From 8,500,001 To 12,500,000 15% X*15% - 527,500 Over 12,500,000 Up 20% X*20% - 1,152,500 Note: X is the gross salary Page 16 8

9 TOS on Resident Taxpayer Example Example: A sample TOS calculation for January X (monthly salary) = 1,200,000 Riels Dependents = 2 children; 1 housewife Page 17 TOS on Resident Taxpayer Solution I Solution Gross salary paid to employee Salary tax = (X D*75,000)*Rate DA Salary tax = (1,200,000 3*75,000)*5% - 40,000 = 8,750 Gross salary 1,200,000 As stated in employment contract Salary tax (8,750) Withheld TOS from salary payment Net salary 1,191,250 Net cash pay to employee Page 18 9

10 TOS on Resident Taxpayer Example Practice 1: A sample TOS calculation for January X (monthly salary) = 5,000,000 Riels Dependents = 2 children, 1 sister, 1 wife (working at the same place) Page 19 TOS on Resident Taxpayer Example Practice 2: A sample TOS calculation for January X (monthly salary) = 10,000,000 Riels Dependents = 1 child, 1 sister, 1 wife (working at the same place) Page 20 10

11 TOS on Resident Taxpayer Solution I Solution to Practice 1 Gross salary paid to employee Salary tax = (X D*75,000)*Rate DA Salary tax = (5,000,000 2*75,000)*10% - 102,500 = 382,500 Gross salary 5,000,000 As stated in employment contract Salary tax (382,500) Withheld TOS from salary payment Net salary 4,617,500 Net cash pay to employee Page 21 TOS on Resident Taxpayer Solution I Solution to Practice 2 Gross salary paid to employee Salary tax = (X D*75,000)*Rate DA Salary tax = (10,000,000 1*75,000)*15% - 527,500 = 961,250 Gross salary 10,000,000 As stated in employment contract Salary tax (961,250) Withheld TOS from salary payment Net salary 9,038,750 Net cash pay to employee Page 22 11

12 TOS on Non- Resident Taxpayer Non-Resident Taxpayer is subject to a flat tax rate of 20% on Salary received from Cambodian sources, and there is no deduction allowance on monthly taxable salary. [Article 49 of the LOT] Example: A sample TOS calculation for January Salary package = 4,000,000 Riels Page 23 TOS on Non- Resident Taxpayer Solution I Solution Gross salary paid to non-resident taxpayer Salary tax = X * 20% Salary tax = 4,000,000 * 20% = 800,000 Gross salary 4,000,000 As stated in employment contract Salary tax (800,000) Withheld TOS from salary payment Net salary 3,200,000 Net cash pay to employee Page 24 12

13 Foreign Tax Credit A foreign tax credit is applied to a resident taxpayer who has received foreign source salary and has paid taxes according to foreign tax law. Compute salary tax on all income i.e. Cambodian and foreign salary sources. Tax credit is allowed based on the smaller of the salary tax paid in foreign country and salary tax on all income multiply by the ratio of foreign country income to total income from all sources. Documents must be provided, e.g. tax certificate from employer or tax authorities abroad. Page 25 Foreign Tax Credit Example: Mr. A s total salary (Note: Mrs. A is a housewife) Salary TOS Remarks KHR Foreign 8,000,000 (a) e.g. foreign tax is US$400 =KHR1,600,000 (1) Cambodia 12,000,000 Total 20,000,000 (b) TOS on all incomes is KHR2,832,500 (c) Ratio of foreign income to total income (d) = (a)/(b) 8,000,000/20,000,000 (2) = (c)*(d) KHR1,133,000 Tax credit allowed, (1) or (2) which is smaller (3) KHR1,133,000 TOS payable in Cambodia (C) - (3) KHR1,699,500 Page 26 13

14 Tax on Fringe Benefit ( TOFB ) 24 February 2015 Tax on Fringe Benefit Introduction Tax on Fringe Benefit ( TOFB ) is a monthly tax imposed on employee who receives directly or indirectly any good, services, or other benefits in cash or in kind for the employment activities that has fulfilled for the benefits of the employer. [Section 3.1, Prakas on the Salary Tax] Page 28 14

15 Tax on Fringe Benefit (cont.) General Rules on TOFB The fringe Benefit includes mainly: Private use of vehicle; Meal and accommodation; Utilities, telephone and household personnel; Loans with low interest rates; Sale with discount; Non-employment related educational expenses, including children s education; Life and health insurance which it s not provided to all staff; Part of expense allowance unreasonable or unnecessary to the employment; Amount of pension plan exceed 10% of the employee s monthly salary; and Entertainment not part of employment activities. Page 29 Tax on Fringe Benefit (cont.) General Rules on TOFB Employer or its representative is obligated to file and pay TOFB to the GDT. Deadline à by the 15th of the following month. 20% on the taxable value. The taxable value of fringe benefits is the fair market value inclusive of all taxes provided to the employees. Note: Prakas No.599.MEF.PK dated 15 July 2009 issued by MoEF, the gross up amount for TOFB calculation is non-deductible for TOP calculation. Page 30 15

16 Tax on Fringe Benefit (cont.) General Rules on TOFB Example A sample tax calculation for TOFB is provided below: Benefits provided = 400,000 Riels Solution Benefit Provided 400,000 In cash or kind provided to staff 20% 80,000 To pay tax to GDT Page 31 Withholding Tax ( WHT ) 24 February

17 Withholding Tax (cont.) General rules on WHT Any resident taxpayer shall withhold WHT on any gross amount of payment before the payment in cash or in kind is made to resident or non-resident taxpayers. WHT is payable when the amount is paid. An expense is considered as paid when it is recorded in accounting book as an expense. The resident taxpayer or withholding agent has an obligation to withhold the WHT and to pay the WHT to the tax authority by the 15th day of the following month. Page 33 Withholding Tax (cont.) WHT on Resident Taxpayer Any resident taxpayer making payments in cash or in kind to a resident taxpayer shall withhold and pay the WHT to the tax authorities. The following payments are subject to WHT: Payment by a domestic bank or saving institution to residents on: Non-fixed term interest 4% Fixed term interest 6% Payment by a resident taxpayer to a resident taxpayer on: Performance of services 15% (except payment to a registered taxpayer and supported by a valid VAT invoice) Royalties for the use of intangibles 15% Rental 10% Interest 15% (except payment to a Cambodian bank or saving institution) Page 34 17

18 Withholding Tax (cont.) WHT on Non- Resident Taxpayer Any resident taxpayer making payments in cash or in kind to a nonresident taxpayer shall withhold WHT of 14% on the gross amount of the following payments and pay the WHT to the tax authorities. Interest Royalties, rent and other incomes connected with the use of property Compensation for management or technical services Dividends The term compensation for management or technical services" is not defined by the law. In practice, the Cambodian tax authority has indicated that "compensation for management or technical services will be broadly defined to capture all service payments, other than for goods, to non-resident taxpayers. The WHT system is generally a collection mechanism of income tax of the non-registered and non-resident taxpayers. Page 35 Withholding Tax (cont.) Deductibility of WHT WHT is required by law to be withheld on payments made by resident taxpayers. However, if a taxpayer fails to withhold the WHT before making payment, the WHT borne by the taxpayer and paid to the tax administration on behalf of the recipient are not allowed to deduct from the company s profit. The gross up method is not allowed. [Prakas No.599.MEF.PK dated 15 July 2009 issued by the MoEF and Notification from the GDT] Page 36 18

19 Withholding Tax (cont.) WHT Exemption The following payments shall be exempted from WHT: Interest paid to a domestic bank or saving institution or financial institution Payment of income exempted from tax [Article 9 (New) of LOT] Payment made to the government (certain conditions are applied) Payment subject to the Tax on Salary or Tax on Fringe Benefit Interest made by the Government to a non-resident Payment for services to a real regime taxpayer (with valid VAT invoice) Payment for goods Page 37 Withholding Tax (cont.) WHT on Mixed Supply In case of mixed supply (i.e. supply of goods and provision of services), the following rules shall be applied: WHT applies to the provision of services only WHT does not apply to supply of goods In practice, in case the value of goods and services are not segregated on the invoice, WHT shall apply to the total amount of the invoice. Page 38 19

20 Procedures of Submission of Tax on Salary and Withholding Taxes Returns 24 February 2015 Procedures for Preparation of Tax Returns Tax Workings Procedures for preparation of Tax Returns Error Calculate TOS, TOFB and WHT Review the Monthly Tax Workings Error Fill in the Monthly Tax Returns Review the Monthly Tax Returns Verification of Tax Liability Correct Sign and Stamp on the Monthly Tax Returns Page 40 20

21 Procedures for Submission of Tax Returns With Tax Liability Signed and Stamped Returns Canadia/ACLEDA Bank Without Tax Liability Tax Department Tax Department Tax Return Bureau Tax Return Bureau Tax Debt Bureau (done by tax officer) Page 41 Questions & Answers Questions and Answers Q & A Page 42 21

22 Thank You! Page 43 EY Assurance Tax Transactions Advisory About EY EY is a global leader in assurance, tax, transaction and advisory services. The insights and quality services we deliver help build trust and confidence in the capital markets and in economies the world over. We develop outstanding leaders who team to deliver on our promises to all of our stakeholders. In so doing, we play a critical role in building a better working world for our people, for our clients and for our communities. EY refers to the global organization, and may refer to one or more, of the member firms of Ernst & Young Global Limited, each of which is a separate legal entity. Ernst & Young Global Limited, a UK company limited by guarantee, does not provide services to clients. For more information about our organization, please visit ey.com Ernst & Young (Cambodia) Ltd. All Rights Reserved. APAC No ED February 2015 This material has been prepared for general informational purposes only and is not intended to be relied upon as accounting, tax, or other professional advice. Please refer to your advisors for specific advice. ey.com Page 44 22