Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 1 VOLUME 7 SECTION 4 JAMAICA S TAX REQUIREMENTS AND PROCEDURES The Responsblty of The Tax Admnstraton Drectorate Block G, 6th Floor Mnstry of Fnance and Plannng Buldng 30 Natonal Heroes Crcle Kngston4, Jamaca W.I.
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 2 TABLE OF CONTENT CHAPTER 1...1 TAX POLICY AND ADMINISTRATION CHAPTER 2...8 LEGAL REQUIREMENTS: REGISTRATION AND FILING OF RETURNS CHAPTER 3...17 TAXPAYER REGISTRATION NUMBER (TRN) AND TAX COMPLIANCE CERTIFICATE (TCC) CHAPTER 4...25 STATUTORY DEDUCTIONS, H.E.A.R.T AND ASSETS TAX CHAPTER 5...30 GENERAL CONSUMPTION TAX CHAPTER 6...33 ONLINE SERVICES AND ELECTRONIC DROP BOXES CONTACT INFORMATION...39 APPENDICES
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 1 CHAPTER 1 TAX POLICY AND ADMINISTRATION 1.0 TAX POLICY Jamaca s taxaton polcy, formulated by the Mnstry of Fnance & Plannng, s desgned to encourage savngs and nvestment whle seekng to maxmze collecton of tax revenues to adequately fund the Government s programmers and projects. Ths polcy s mplemented through an admnstratve arm of the Mnstry, namely,the Tax Admnstraton Drectorate. 1.1 INCENTIVES Incentves are offered by way of exempton from tax. Investors, both resdents and non-resdents, may beneft from: v v v exempton under The Industral Incentves Act,The Export Industry Encouragement Act, The Hotel Incentves Act, The Shppng Incentves Act, The Moton Pcture Industry Encouragement Act, The Jamaca Export Free Zones Act, The Foregn Sales Corporatons Act, The Cooperatve Socetes Act and The Resort Cottages Act. exempton under The Income Tax Act n respect of prescrbed agrcultural actvty. exempton on ncome earned from the ownershp of shares n enttes lsted on the Jamaca Stock Exchange (JSE). deferment of General Consumpton Tax (GCT) f they nvest n the manufacturng sector. enterng raw materals duty-free, subject to certan condtons. The Urban Renewal (Tax Relef) Act, whch offers exemptons on ncome and ncentves on captal expendture to approved organzatons or approved developers n a specal development area. Approved enterprses may be granted a tax holday of up to ten (10) years. Income from qualfyng actvtes n the Export Free Zone s exempt from tax ndefntely and ncome derved from conventon hotels s exempt up to ffteen (15) years. 1
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 2 For further nformaton, the Commssoner of Taxpayer Audt and Assessment may be contacted. 1.2 DOUBLE TAXATION TREATIES Double Taxaton occurs when an ndvdual s a resdent n more than one country or tax regme n the same tax year and becomes lable to pay tax (usually ncome tax) n both countres. To releve the ndvdual s tax burden, several countres have entered nto Double Taxaton Treates wth each other. In the treates, the countres agree on the rate of ncome tax to be pad by a resdent for dfferent types of ncome. A non-resdent ndvdual resdng n a country whch has a Double Taxaton Treaty wth Jamaca s subject to the followng rates of ncome tax shown n the table below. 1.3 CONCESSIONARY WITHHOLDING TAX Countres whose resdents beneft from Concessonary Wthholdng Tax rates are lsted below: Double Taxaton Treaty Country Dvdends Interest % Royaltes % Management Fees % Portfolo Investment Substantal Holdngs Canada 15.0 22.5 15.0 10.0 12.5 Denmark 15.0 10.0 12.5 10.0 10.0 Germany 15.0 10.0 12.5 10.0 Israel 22.5 15.0 15.0 10.0 Norway 15.0 15.0 12.5 10.0 10.0 Sweden 22.5 10.0 12.5 10.0 10.0 33 1/3 company 25 ndvdual 33 1/3 company 25 ndvdual Unted Kngdom 15.0 10.0 12.5 10.0 12.5 Unted States 15.0 10.0 12.5 10.0 Taxed as busness proft Carbbean Communty 15.0 15.0 15.0 Swtzerland 15.0 10.0 10.0 10.0 10.0 Peoples Republc of Chna 5.0 7.5 10.0 France 15.0 10.0 10.0 10.0 10.0 2
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 3 Portfolo Investment - nvestments by an ndvdual or small nvestment by a company. Substantal Holdngs - drect substantal nvestment by a nonresdent company n the company payng the dvdends. 1.3.1 Member States of Carbbean Communty Antgua and Barbuda Grenada Jamaca Domnca Montserrat St.Vncent and the Grenadnes Trndad and Tobago Guyana Belze St. Luca Barbados 1.3.2 Sgnatores to the Carbbean Communty Treaty Barbados Belze Domnca Grenada Jamaca Montserrat St. Luca N.B. Non-resdent ndvduals are not elgble for the nl rate (tax-free ncome) 1.4 RATES Income Tax: Indvdual - 25% of emoluments over $193,440 Company - 33 1/3 % Buldng Socety 30% Lfe Assurance 15% Tax on Premum Income: Regonalzed Insurance Companes 3% of premum ncome, other 4% of premum ncome Educaton Tax: Indvdual - 2% Employers - 3% General Consumpton Tax - 16.5% (except for Toursm, Motor Vehcle and Telecommuncaton Servces) v Human Employment and Resource Tranng - Company 3% 3
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 4 v Natonal Insurance: Indvdual - 2.5% of emoluments not exceedng $9,615.38 per week or $500,000 per annum Self-employed Indvdual - 5% of annual earnngs not exceedng $500,000 Company - 2.5%; Domestc Worker and member of the Jamaca Defence Force and ther employers - $10 per week each and Voluntary Contrbutor - $20 per week v Assets Tax - See below 1.5 ASSETS TAX The current rates as outlned n the Frst Schedule of the Assets Tax (Specfed Bodes) (Amendment) Act, 2005 are as follows: Descrpton of Companes and Regstered Socetes Tax Where the aggregate value of the assets does not exceed $50,000 $1,000 v v v v Where the aggregate value of the assets exceeds $50,000 but does not exceed $500,000 Where the aggregate value of the assets exceeds $500,000 but does not exceed $1,000,000 Where the aggregate value of the assets exceeds $1,000,000 but does not exceed $5,000,000 Where the aggregate value of the assets exceeds $5,000,000 but does not exceed $10,000,000 Where the aggregate value of the assets exceeds $10,000,000 but does not exceed $50,000,000 Where the aggregate value of the assets exceeds $50,000,000 but does not exceed $100,000,000 $2,000 $4,000 $10,000 $15,000 $20,000 $25,000 v Where the aggregate value of the assets exceeds $100,000,000 $35,000 4
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 5 1.6 TAX ADMINISTRATION - BACKGROUND Between 1996 and 1999, Jamaca s Tax Admnstraton System underwent a major restructurng exercse under the Tax Admnstraton Reform Project (TaxARP). Ths was followed by the Customs Modernzaton Project. These major tax reforms resulted n the establshment of new and restructured tax departments organzed along functonal lnes rather than tax type and form the core of the Tax Admnstraton Drectorate. 1.7 TAX ADMINISTRATION DIRECTORATE The Tax Admnstraton Drectorate comprses the Drector-General s Executve Offce (DGEO) and the new Tax Departments as follows: 1.7.1 Drector General s Executve Offce (DGEO) The Drector General, Tax Admnstraton, oversees and gudes the operatons of the Tax Admnstraton Drectorate through an Executve Offce staffed wth specalsts who have a broad knowledge of Tax Admnstraton operatons. The Drector General, to whom the Commssoners of the Tax Departments report, s drectly responsble to the Fnancal Secretary for the Tax Admnstraton Drectorate s operatons. 1.7.2 Inland Revenue Department (IRD) The IRD has full responsblty for all tax collectons (except Customs Dutes, Stamp Duty and Transfer Tax), complance and taxpayer servce functons. It has twenty-eght (28) collectorates/tax offces sland-wde, ncludng four (4) One-Stop Revenue Servce Centres located n Montego Bay, Constant Sprng, Spansh Town and May Pen establshed to reduce the expense and tme burdens placed on taxpayers n an effort to enhance voluntary complance. There s now a 29th Vrtual Collectorate at www.jamacatax-onlne.gov.jm. See Chapter 6 for more nformaton. 1.7.3 Taxpayer Audt and Assessment Department (TAAD) The TAAD conducts tax audts, and assessments and pursues related taxfraud ssues slandwde. Ths Department has responsblty for the revew, examnaton and nvestgaton (ncludng crmnal nvestgaton) of tax submssons, returns and declaratons, to assess the proper amount of taxes due and payable for ncome tax, general consumpton tax (GCT) and specal consumpton tax (SCT), stamp duty and transfer tax (SDTT), educaton tax and asset tax. TAAD also processes ncome tax and GCT refunds; regsters 5
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 6 and deregsters taxpayers for GCT; and grants approval for chartes and exempt organzatons and Employee Share Ownershp Partcpaton (ESOP) Schemes. 1.7.4 Tax Admnstraton Servces Department (TASD) The TASD s role s to provde servces and co-ordnate functons common to all Tax Departments, whch nclude the provson of the followng centralzed servces: Legal Servces Taxpayer Support Servces [Tax Help; Taxpayer Educaton; Publc Relatons; Forms, Manuals and Procedures; Taxpayer Regstraton (decentralzed through the Collectorates/Tax Offces slandwde)] Tranng Property Servces and Procurement (whch oversees the provson of shared servces n the One-Stop Revenue Servce Centres ) 1.7.5 Customs Department (CD) The Customs Department has responsblty for the collecton of dutes and taxes on tems that are mported to Jamaca. These taxes and dutes nclude: v v Import Duty/Customs Duty Stamp Duty Addtonal Stamp Duty General Consumpton Tax (GCT) Specal Consumpton Tax (SCT) The rates of duty are publshed n the Jamaca Customs Tarff; and the dutes and applcable taxes should be pad to a Customs Casher at the Customs House or at each clearance pont, for example, wharf or arport. The Customs Department also provdes border protecton and facltates trade. 1.7.6 Taxpayer Appeals Department (TAD) The TAD s responsble for processng appeals to decsons made by tax commssoners as well as processng waver applcatons of all the tax types except Customs Dutes. 6
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 7 1.8 TAX ADMINISTRATION VISION A professonal, transparent and equtable tax admnstraton achevng a hgh level of voluntary complance. 1.9 TAX ADMINISTRATION MISSION To provde the hghest qualty servce that s equtable to all stakeholders, to nspre publc confdence n the admnstraton of the tax laws and to foster voluntary complance and optmze revenue collecton. 1.10 TAX ADMINISTRATION OBJECTIVES In order to fulfll ts msson, the Tax Admnstraton Drectorate endeavours to acheve the followng objectves: Ensure adherence to polces and procedures Provde techncal support to the Tax Departments Gude the ntegraton of the Tax Departments v Promote economy, effcency and effectveness of nterdepartmental systems by conductng ndependent comprehensve nternal audts of all Tax Departments 7
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 8 CHAPTER 2 LEGAL REQUIREMENTS: REGISTRATION AND FILING OF RETURNS 2.0 REGISTRATION Pror to the start of busness operatons, ndvduals and organzatons are requred to complete the followng regstratons: 2.0.1 Regstraton for Taxpayer Regstraton Number (TRN) The Revenue Admnstraton (Amendment) Act 1994 PART VIB ttled Regstraton of Taxpayers makes provson for the regstraton of taxpayers through an applcaton by taxpayers (ndvduals and organzatons) to the Regstraton Authorty, whch s responsble for the regstraton of taxpayers. The Tax Admnstraton Servces Department (TASD) was desgnated the Regstraton Authorty wth effect from the 1st December 1999 by The Revenue Admnstraton (Desgnaton of Regstraton Authorty) (No. 2) Order, 1999 under the Revenue Admnstraton Act. Upon regstraton wth the Regstraton Authorty, the taxpayer (ndvduals and organzatons) wll receve a Taxpayer Regstraton Number (TRN) that must be used at all tmes when transactng busness wth the Tax Departments. For more nformaton on the TRN applcaton process, see 3.6 n Chapter 3. 2.0.2 Regstraton for Statutory Deductons Income and Educaton Tax There s no formal regstraton process for Income and Educaton Tax. However, the law requres that both employers and employees pay these taxes. Income Tax The Income Tax Act 1955 provdes for the taxng of an ndvdual s salary as well as the profts of a company (See Secton 5). For 8
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 9 more nformaton on the payment procedures, see 4.0.1 n Chapter 4. Educaton Tax The Educaton Tax Act of 1983 establshed the Educaton Tax. The Act states that an Educaton Tax shall be payable by taxpayers (See Secton 4), whom t defnes as: employed persons, self-employed persons and employers (See Secton 3). For more nformaton on the payment procedures, see 4.0.2 n Chapter 4. v Regstraton for Natonal Insurance Scheme (NIS) The Natonal Insurance Act of 1965 establshed the Natonal Insurance Scheme. Secton 3 of the Act requres that every person over the age of eghteen (18) and under the retrement age who havng fulflled such condtons as may be prescrbed as to domcle or resdence n Jamaca and s ganfully occuped n Jamaca, or s n such employment outsde Jamaca (as specfed n Secton 7) shall become nsured and reman nsured untl he/she reaches retrement age. Secton 4 of the Act makes provson for a contrbuton to be payable by nsured persons and by employers n accordance wth provsons outlned n the Secton. Employers should regster wth the NIS offce n order to make the requred payments for the company and ther employees. For more nformaton on the applcaton process, see 4.0.3 n Chapter 4. v Regstraton for General Consumpton Tax (GCT) The General Consumpton Tax Act, 1991, mposed the general consumpton tax (GCT) on October 22, 1991, whch has smplfed and modernzed the Jamacan ndrect tax system. In accordance wth The General Consumpton Tax Act, every person carryng on a taxable actvty s requred to regster wth the Taxpayer Audt and Assessment Department (TAAD) (See Drectory at Page 39). For more nformaton on the GCT applcaton process, see 5.1 n Chapter 5. 9
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 10 v Regstraton for Human Employment and Resource Tranng (H.E.A.R.T) There s no formal regstraton process for H.E.A.R.T. The Human Employment and Resource Tranng Act of 1982 establshed the H.E.A.R.T Trust. The Act states that employers shall pay a contrbuton n respect of emoluments pad to ther employees [Secton 12 (1)]. For more nformaton on the payment procedures, see 4.1 n Chapter 4. 2.1 FILING OF RETURNS Income Tax Secton 65 (1) of The Income Tax Act states: Every taxpayer shall, before the 15th day of March n every year of assessment compute the amount of hs estmated ncome tax for such year, and pay such tax to the Collector of Taxes n four (4) equal nstallments on or before the followng nstallment dates n such year, namely the 15th of March, the 15th of June, the 15th of September and the 15th of December. The fnal return for the prevous year and an estmated tax return for the current year must be fled by March 15. Deducton at Source For ncome tax deducted at source, such as pay as you earn (PAYE) where the employer deducts the amount from employees, the Act requres that the amount deducted should be pad over to the IRD wthn fourteen (14) days after the end of the calendar month n whch the deducton was made. [See Secton 41 (1)] Penalty for Non-complance It s a serous breach f a taxpayer does not fle the requred Annual Return to the TAAD. If a taxpayer fals to fle a Return, the Commssoner, Taxpayer Audt and Assessment, may send the taxpayer an estmated assessment nclusve of penalty, or the Commssoner, Inland Revenue, may ssue a Court Summons for the Return. See penalty under Secton 100 of the Income Tax Act for further detals. 10
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 11 v Taxpayer s Rght of Objecton and Appeal Secton 75 (4) of the Income Tax Act states, f any person dsputes the assessment (ncludng any determnaton or other decson made by the Commssoner before the makng of the assessment, and upon whch t s based) he may apply to the Commssoner, by notce of objecton n wrtng, to revew and to revse the assessment made upon hm. Such applcaton shall state precsely the grounds of objecton to the assessment and shall be made wthn thrty (30) days from the date of the servce of the notce of assessment. v Taxpayer s Responsblty to Furnsh Partculars Secton 75 (5) provdes that t s the taxpayer s responsblty to furnsh such partculars as the Commssoner may deem necessary wth respect to the ncome of the person assessed and to produce all books and other documents n hs custody or under hs control relatng to such ncome. Where a taxpayer refuses or neglects to furnsh the necessary partculars, the notce of objecton shall cease to have effect and the assessment as made shall reman. v Commssoner to agree on assessment/gve decson n wrtng If, however, a taxpayer and the Commssoner are able to come to an agreement as to the amount at whch he s lable to be assessed, the assessment shall be amended accordngly. In any other event the Commssoner shall gve notce n wrtng to the taxpayer of hs decson n respect of the objecton [See Secton 75 (6) of The Income Tax Act]. v Appeal to Commssoner of Taxpayer Appeals If the taxpayer s dssatsfed wth a decson of the Commssoner, the taxpayer may appeal aganst that decson to the Commssoner of Taxpayer Appeals wthn thrty (30) days of the recept of the decson. v Appeal to Revenue Court If the taxpayer s stll dssatsfed wth the decson of the Taxpayer Appeals Department, the taxpayer may appeal to the Revenue Court wthn thrty (30) days of the date of recevng the 11
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 12 2.1.2 Educaton Tax Commssoner s decson. [See Secton 76 (1) of The Income Tax Act]. Secton 9 (1) of The Educaton Tax Act states that where an employer who s lable to pay educaton tax fals to pay the contrbutons wthn the prescrbed tme, and the Commssoner s unaware of the amount, f any, whch the employer s lable to pay, the Commssoner may gve notce to the employer requrng hm to render, wthn a specfed tme (gven n the Notce) a Return showng the name of every employed person to whom he made payment durng the perod, the amount of such wages pad, the amount of educaton tax due to be pad on behalf of the employee and n respect of the employer s tax. Penalty for Non-complance Secton 12 (1) of The Educaton Tax Act states that falure to comply wth the payment and collecton of educaton tax, the employer shall be lable on summary convcton n a Resdent Magstrate s Court to pay any amount outstandng and n addton a fne not exceedng fve thousand dollars ($5,000) or treble the amount of educaton tax whch s unpad, whchever s greater, and n default of such payment to mprsonment wth or wthout hard labour for a perod not exceedng twelve (12) months. 2.1.3 General Consumpton Tax (GCT) The GCT s a tax on goods and servces mported nto Jamaca and on all busness transactons carred on by regstered taxpayers under secton 27 of the GCT Act. The General Consumpton Tax Act requres that regstered taxpayers remt the net GCT collected to the Collector of Taxes (Inland Revenue Department) wthn thrty (30) days or, n some cases, ffteen (15) days followng the end of each taxable perod, or n other cases, at the drecton of the Commssoner. 12
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 13 Penalty and Surcharge The sanctons applcable for late flng and payment of GCT for taxable perods from Aprl 1, 1995 are as follows: A penalty for late flng of returns - $1,000 (n the case of ndvduals) and $2,000 (n the case of bodes corporate) - or 15% of the tax, whch was due and payable, whchever, s greater. Penalty for the late payment of tax - 15% of the tax unpad In addton to the penaltes, a Regstered Taxpayer who does not make a return or pay tax on the prescrbed date for two (2) or more taxable perods wthn a twelve (12) month perod shall be lable to a surcharge of 10% of the tax payable n respect of the thrd and each subsequent taxable perod for whch the return s not made or the tax not pad. Furthermore, nterest at 2 ½% per month or part thereof wll apply to the total amount of tax, penalty or surcharge from the date on whch the amounts are due untl the date of payment. For further nformaton on flng GCT Returns, see Chapter 5 or the TAAD may be contacted for further nformaton (See Contact Informaton Drectory at Page 39). 2.1.4 Human Employment and Resource Tranng (H.E.A.R.T) Secton 12 (1) of The H.E.A.R.T Act states that contrbutons shall be payable by employers n respect of emoluments pad to ther employees and shall be collected by the Commssoner of Inland Revenue and pad nto the H.E.A.R.T. Fund. Penalty for Non-complance Secton 24 (1) of The H.E.A.R.T Act states that any employer who fals or neglects to pay contrbutons, such employer shall be lable on summary convcton n a Resdent Magstrate s Court to pay any amount outstandng at the date of convcton and n addton a fne not exceedng fve thousand dollars ($5,000) or treble the amount of contrbuton whch s unpad, whchever s greater, and n default of such payment to mprsonment wth or wthout hard labour for a perod not exceedng twelve (12) months. 13
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 14 2.1.5 Natonal Insurance Scheme The Natonal Insurance (Collecton of Contrbutons) Regulatons, 1966, Part IV Secton 17 states that an employer shall wthn fourteen (14) days after the end of every month pay the Collector all amounts of wage-related contrbutons deductble from wages pad by the employer durng the month together wth an equal amount by way of employer s wage-related contrbutons. Collector requres return data f contrbuton not pad Secton 18 (1) states f at the expraton of the fourteen days after the end of any month the employer has pad no amount ether of wage-related contrbutons or of flat rate contrbutons to the Collector under regulaton 17 n relaton to that month and the Collector s unaware of the amount, f any, whch the employer s lable so to pay, the Collector may gve notce to the employer requrng hm to render, wthn the tme lmted n the notce, a return showng the name of every employed person to whom he made any payment of wages n the perod from the precedng relevant Monday to the day (beng the last day of a month) lmted by the notce, together wth such partculars wth regard to each such employed person as the notce may requre, beng partculars of - the payments of wages made to hm durng that perod; the total amount of wage-related and flat rate contrbutons that the employer was enttled to deduct durng that perod, and any matter affectng the calculaton of such amount. Penalty for Non-complance 2.1.6 Assets Tax Secton 44 (1) of The NIS Act states that, f any employer fals to pay, at or wthn the tme prescrbed any contrbuton whch he s lable to pay, he shall for each offence be lable on summary convcton n a Resdent Magstrate s Court to pay a fne not exceedng ten thousand dollars ($10,000) or treble the amount of the contrbuton whch s unpad, whchever s greater. In default of payment, he s lable to mprsonment wth or wthout hard labour for a perod not exceedng twelve (12) months. Secton 3 (1) of The Assets Tax (Specfed Bodes) Act states that every specfed body (company under The Companes Act, a 14
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 15 socety regstered under The Industral and Provdent Socetes Act and such other body as may be prescrbed by order subject to negatve resoluton) shall make and submt to the Commssoner, Inland Revenue, an annual declaraton of the value of ts assets and shall n relaton thereto pay the tax prescrbed n the Frst Schedule. Declaraton requred by authorzed date The declaraton must be submtted on or before the 1st day of September n each year and be accompaned by such documents as the Commssoner may prescrbe by notce publshed n the Gazette. In addton, the declaraton must be based on the value of the assets as ndcated n the Balance Sheet and Proft and Loss Account as related to the assessment of ncome tax for the year of assessment mmedately pror to September 01 or the date authorzed. Penalty for Non-complance Secton 3 (7) states where the specfed body fals to furnsh any declaraton or the prescrbe tax, the Commssoner, Inland Revenue, may ssue the prescrbed notce to the specfed body requrng that body to submt the declaraton and pay the tax wthn the perod specfed n the notce. In addton, where the Commssoner, Taxpayer Audt and Assessment, realzes that the value of the assets declared s ncorrect, he may not later than fve (5) years serve notce on the specfed body wth the assessed value of the assets and the tax to be pad for the year the assets were declared. Also, where the Commssoner,Taxpayer Audt and Assessment, realzes that the value of the assets shown n the books s ncorrect, he may substtute the amount wth an estmated amount not greater than the purchase prce of the assets. Where the specfed body dsputes the amount of assessed value of the assets or tax payable, the specfed body may apply to the Commssoner, Taxpayer Audt and Assessment, by notce of objecton n wrtng to revew and revse that amount. The notce must state the grounds of objecton and shall be made wthn thrty days from the date of the servce of the notce. On recept of objecton the Commssoner may by notce n wrtng requre the specfed body concerned to furnsh such partculars and all books, 15
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 16 as he may deem necessary wth respect to the value of the assets as well as summon any person to attend before hm and gve evdence on oath or otherwse relatng to the assets of the specfed body. If any person refuses or neglects to produce any books or documents whch he s requred to or refuses to attend before the Commssoner, Taxpayer Audt and Assessment, wthout lawful excuse or wllfully gves any false evdence before the Commssoner, shall be gulty of an offence and be lable on summary convcton n a Resdent Magstrate s Court to a fne not exceedng one hundred thousand dollars ($100,000). See Secton 4 (1-3) of the Act. 16
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 17 CHAPTER 3 TAXPAYER REGISTRATION NUMBER (TRN) AND TAX COMPLIANCE CERTIFICATE (TCC) 3.0. TAXPAYER REGISTRATION NUMBER (TRN) 3.0.1 Regstraton and Assgnng of TRNs The TRN s a unque nne (9) dgt dentfcaton number gven to all taxable enttes, namely: Indvduals, Partnershps, Companes and other Organzatons by way of an automated system consequent to applcaton for regstraton. Ths number must be used when conductng busness transactons wth the Tax Departments wth the excepton of cash payments of property tax. 3.0.2 Indvdual and Organzaton TRNs Both the Indvdual and Organzaton TRNs consst of nne (9) dgts (referred to as the prmary TRN). For example, An ndvdual s TRN 100-200-300 An organzaton s TRN 001-400-500 3.0.3 Indvdual Engaged n Busness However, f the ndvdual s engaged n a busness actvty (Sole Propretor) or f the organzaton has more than one (1) branch, hs/her TRN would consst of the prmary TRN plus three (3) addtonal dgts, rangng from 001 to 999. For example, An ndvdual s TRN 100-200-300/001 An organzaton s TRN 001-400-500/002 These three (3) addtonal dgts are used to dentfy a specfc branch of the busness snce each branch would be sequentally assgned a number n ths range. 3.0.4 The Revenue Admnstraton (Taxpayer Regstraton Regulatons) On the 1st of Aprl 1996, The Revenue Admnstraton (Taxpayer Regstraton) Regulatons, 1996 came nto operaton to facltate the 17
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 18 regstraton and assgnng of TRNs to taxpayers (ndvduals and organzatons). These Regulatons also ntroduced the Applcaton for Taxpayer Regstraton Number (Indvduals) Form 1 (Appendx 1) and the Applcaton for Taxpayer Regstraton Number (Organzatons) Form 2 (Appendx 2), among other forms. It also defned Indvdual to nclude: a sole propretor an ndvdual partner 3.0.5 Organzatons Organzaton, on the other hand, means any body of persons, whether corporate or otherwse and ncludes: a Government mnstry or department a partnershp any educatonal nsttuton The Regulatons requre the submsson of the relevant applcaton form mentoned above by the taxpayer accompaned by the specfed supportng documents and any addtonal nformaton specfed. 3.0.6 Processng Applcaton Processng of ths applcaton wll take approxmately twenty (20) mnutes after submsson of the completed form, after whch the TRN s assgned on a temporary slp and gven to the ndvdual. In addton, f the ndvdual s engaged as an ndependent contractor n a trade, busness or professonal actvty (self-employed), he s ssued wth a Data Sheet. On the other hand, the organzaton s representatve s ssued a Data Sheet and a Regstraton Certfcate. Approxmately three (3) weeks after applcaton, the ndvdual wll return to collect hs personal TRN card. 3.1 PROVISIONAL REGISTRATION NUMBER The Regulatons provde that, where a taxpayer transacts busness wth a Tax Department and an applcaton for regstraton has not been made; and the Regstraton Authorty does not possess all the nformaton requred for regstraton, 18
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 19 The Regstraton Authorty may regster the taxpayer and assgn a provsonal regstraton number to that taxpayer prefaced by the letter P. Ths provsonal number wll reman n effect untl the regstraton requrements are met. 3.2 CHANGE IN INFORMATION Where there s any change n the nformaton relatng to a taxpayer s regstraton, the taxpayer concerned should, as soon as possble after the change occurs, nform the Taxpayer Regstraton Centre (TRC) or any Collectorate slandwde of such change by the completon of a TRN Supplemental Informaton (Indvduals) Appendx 3 for ndvduals and a TRN Supplemental Informaton (Organzatons) Appendx 4 for the organzatons. 3.3 TAXPAYER REGISTER The Regulatons make provson for the keepng of a Taxpayer Regster contanng partculars of regstered taxpayers and allow for alteraton of ths regster where there s change n the nformaton relatng to the regstraton of a taxpayer. 3.4 PENALTY FOR NON-COMPLIANCE WITH REGISTRATION REQUIREMENT A taxpayer commts an offence and s lable on summary convcton before a Resdent Magstrate to a fne, and, n default of payment of such fne, to mprsonment f wthout reasonable cause or lawful excuse he/she: does not apply for regstraton does not gve the nformaton requred 3.5 THE APPLICATION PROCESS When applyng for a TRN, ndvduals, sole propretors and organzatons must submt relevant documentaton, as outlned below, to support ther applcaton. It should be noted that only orgnal and certfed copes of documents are accepted. See Appendx 1 for a copy of the Applcaton for Taxpayer Regstraton (Indvduals) FORM 1 and Appendx 2 for the Applcaton for Taxpayer Regstraton (Organzatons) FORM 2. The forms can be submtted at the Taxpayer Regstraton Centre (TRC) or any of the twenty-eght (28) Collectorates slandwde (see Contact Informaton Drectory page 39). 19
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 20 3.8 REQUIREMENTS FOR INDIVIDUALS AND SOLE PROPRIETORS 3.8.1 Requrements for Indvduals Every ndvdual must submt a completed and sgned Applcaton for Taxpayer Regstraton (Indvduals) FORM 1 (See Appendx 1) wth a vald form of dentfcaton (ID). Any of the followng types of ID may be used. Passport Drver s Lcence Natonal ID, Work ID, School ID, certfed passport-sze photograph or any other photographc ID, whch MUST be accompaned by a certfed copy of the Brth Certfcate and Marrage Certfcate (f applcable). If applcant s name was changed by deed poll, the Deed Poll s requred. Applcaton n Person Applcants usng a Brth Certfcate and a certfed photograph for ID must submt ther applcatons n person. However, f any of the other vald forms of ID s beng used, whch has the applcant s sgnature, a bearer can submt the form. Where applcatons are receved from overseas, a notarzed copy of the dentfcaton (ncludng full name, date of brth, photograph, sgnature and expry date) must be submtted. 3.8.2 Requrements for Sole Propretors A Sole Propretor (excludng companes) must submt a completed and sgned Applcaton for Taxpayer Regstraton (Indvduals) FORM 1 (See Appendx 1) wth the followng: Vald ID (as stated before) Natonal Insurance Scheme (NIS) Card Busness Name Regstraton Certfcate (BNRC) f busness has a Trade Name. Trade name dfferent from gven name If the applcant s trade name s dfferent from hs gven name, the 20
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 21 trade name/busness name must be regstered at the Companes Offce of Jamaca (COJ) (formerly Regstrar of Companes), under the Busness Names Act. If the ndvdual already has a TRN, ONLY the Addtonal Informaton (Indvduals) should be completed, see Appendx 5. 3.9 REQUIREMENTS FOR ORGANIZATIONS 3.9.1 Requrements for Partnershps The completed Applcaton for Taxpayer Regstraton (Organzatons) Form 2 (See Appendx 2) sgned by a Partner must be submtted wth the followng: BNRC (If the Busness Name s dfferent from the Partners gven names, a BNRC must be submtted. Ths s ssued by the COJ). Verfcaton of NIS Regstraton (NIS Letter or Payment Card) TRN and NIS for each Partner ID for Sgnatory Offcer 3.9.2 Requrements for Companes The completed Applcaton for Taxpayer Regstraton (Organzaton) FORM 2 (See Appendx 2) sgned by a Drector or the Company Secretary must accompany the: Certfcate of Incorporaton Companes that were regstered before February 1, 2005 Artcles and Memorandum of Assocaton (f the Drectors are not named n the Artcles of Assocaton, ether the Form 12, Form 13 or Form 23 under The Companes Act s requred). Companes regstered as of February 1, 2005 Artcles of Incorporaton (f the Drectors are not named n 21
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 22 the Artcles of Incorporaton, a Form 23 s requred). Verfcaton of NIS Regstraton (NIS Letter or Payment Card) TRN for each Drector ID for Sgnatory Offcer 3.10 REQUIREMENTS FOR OVERSEAS COMPANIES The completed Applcaton for Taxpayer Regstraton (Organzatons) FORM 2 (See Appendx 2) sgned by an Authorzed Offcer or the Local Representatve must accompany the: Notarzed copes of Regstraton or Charter Documents (f company s not regstered n Jamaca) or Letter of Regstraton from the COJ (f company s regstered n Jamaca) Verfcaton of NIS Regstraton (NIS Letter or Payment Card) f the company has employees n Jamaca Form 19 or 31 (ssued by COJ) statng Local Representatve f company s regstered locally TRN for the Local Representatve or Drectors ID for Sgnatory Offcer It s not mandatory for Drectors lvng overseas to submt ndvdual TRNs. 3.12 REQUIREMENTS FOR OTHER TYPES OF ORGANIZATIONS The completed Applcaton for Taxpayer Regstraton (Organzatons) FORM 2 (See Appendx 2) sgned by an Authorzed Offcer must be submtted wth the: Regstraton / Consttutng document Verfcaton of NIS Regstraton (NIS Letter or Payment Card) TRN for each Offcer named at Box 15/16 ID for Sgnatory Offcer 22
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 23 The term Authorzed Offcer refers to Presdents, Prncpals, and Pastors. 3.13 TAX COMPLIANCE CERTIFICATE (TCC) The Tax Complance Certfcate s a document ssued to an ndvdual or a company as proof that payments of tax labltes and wage-related statutory deductons are up-to-date. It further serves to encourage voluntary complance. All mporters who need to submt an mport entry to clear goods through Customs need a TCC as well as the followng applcants for: v v v Customs Brokers Lcence Quarryng Lcence Bettng Gamng and Lotteres Lcence For Ctzenshp or Work Permt Securty Frm Regstraton Contracts from Government 3.13.1 Requrements for Obtanng a TCC Vst Complance Secton at IRD for ntervew Complete an applcaton form (Appendx 6) Submt orgnal recepts (and copes) snce January of the current year for payment of the followng: P.A.Y.E (Income Tax, Educaton Tax) Company/Indvdual Income Tax Educaton Tax (Self-employed ndvduals) General Consumpton Tax (GCT) H.E.A.R.T. Contrbutons (also Remttance Advces stamped and by Collector of Taxes. Especally mportant f tranees are employed.) Natonal Housng Trust (NHT) contrbutons Natonal Insurance Scheme (NIS) contrbutons Submt Clearance letters from NHT, HEART and NIS Offces 23
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 24 and from the Inland Revenue Department for Indvdual Income Tax, Company Income Tax, Educaton Tax, General Consumpton Tax and Specal Consumpton Tax. Submt Certfed copes of all arrangements to pay. Submt Taxpayer Regstraton Number (TRN). 24
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 25 CHAPTER 4 STATUTORY DEDUCTIONS, H.E.A.R.T. AND ASSETS TAX 4.0 STATUTORY DEDUCTIONS 4.0.1 Income Tax Income Tax s a tax on a person s statutory (chargeable) ncome. It s mportant that all taxpayers submt ther Returns and pays ther taxes on tme, as these funds provde the necessary ncome for the Jamacan Government to fnance ts expendture on socal servces such as health care and educaton, physcal nfrastructure such as road mantenance, socal and natonal securty. Regstraton Process There s no formal regstraton process for Income Tax. Flng of Returns When flng Income Tax Returns, the followng forms are used dependng on whch category the taxpayer falls n: Indvduals (Self-employed) IT01 Appendx 7 Organzatons (Bodes Corporate) IT02 Appendx 8 Organzatons (Unncorporated Bodes other than Lfe Assurance) IT03 Appendx 9 Organzatons (Lfe Assurance) IT04 Appendx 10 Indvduals (PAYE, Pensoners etc.) IT05 Appendx 11 Employer s Annual Return PAYE (Income Tax) IT06 Appendx 12 Declaraton of Estmated Income and Tax Payable IT07 Appendx 13 25
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 26 v Deductons, Payments and Recepts 4.0.2 Educaton Tax When Income Tax s deducted from the employee s salary, t s submtted to the Inland Revenue Department/Tax Offce on a monthly bass wth the Employer s Paye (Income Tax) Monthly Remttance Deducton of Tax From Emoluments P30 (Appendx 14). The relevant Income Tax Returns for the company/busness are submtted annually. The Casher wll ssue a recept after acceptng payments. Purpose The man purpose of ths tax s to advance educatonal goals. Regstraton Process There s no formal regstraton process for Educaton Tax. Flng of Returns When flng Educaton Tax Returns, the followng forms are used dependng on whch category the taxpayer falls n: Self-employed Person s Annual Return ET01 Appendx 15 Employer s Annual Return Indvduals (Self-employed) ET02 Appendx 16 Employer s Annual Return Organzatons ET03 Appendx 17 Deducton Payments and Recepts When the employer deducts educaton tax from the employee s salary, t s recorded on the Educaton Tax Deducton Card (See Appendx 18). It s then remtted to Inland Revenue Department/Tax Offce usng the Educaton Tax Remttance Card (See Appendx 19) on a monthly bass, whle the Educaton Tax Returns are submtted annually. 26
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 27 4.0.3 Natonal Insurance Scheme (NIS) The NIS s a compulsory contrbutory-funded socal securty scheme coverng all persons n Jamaca. It offers some fnancal protecton to the worker and hs/her famly aganst loss of ncome arsng from njury on the job, sckness, old age and death of the breadwnner. The NIS s admnstered by the Mnstry of Labour, Socal Securty and Sports. Regstraton Process When regsterng for NIS, the Employer Busness Regstraton Form R1 must be completed by all employers whle employees complete the Applcaton for Natonal Insurance Number Form R2, whch must be submtted to the NIS Offce (See Contact Informaton Drectory at Page 39). In addton, the Form R1 must be accompaned by the relevant documentaton as outlned below: For Lmted lablty company the Certfcate of Incorporaton along wth the Artcles and Memorandum of Assocaton. For Partnershp and Self-employed person (wth employees) the Certfcate of Regstraton Upon regstraton, a NIS number s ssued to the company/busness and the employee whle a Stamp Card s ssued to self-employed persons only. Payment of Contrbutons After the busness s regstered, each employer must request a Deducton Card for the company from the NIS Offce. The NIS Number must be stated as well as the employees salary and NIS contrbutons (employer s and employee s portons). When deductons are made from the employee s salary, the amount s remtted to the Inland Revenue Department/Tax Offce usng a Remttance Card. A self-employed person s requred to affx a twenty-dollar ($20) stamp (sold at the Post Offce) to the Stamp Card on a weekly bass. Ths card must be submtted to the NIS Offce by the fourteenth (14th) of Aprl each year, for whch a recept s ssued. Contrbutons for each month are due by the fourteenth (14th) day after the end of the month and are pad at Inland Revenue 27
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 28 Department/Tax Offce wth the use of a Remttance Card. The Casher wll ssue a recept after acceptng payments. 4.1 HUMAN EMPLOYMENT AND RESOURCE TRAINING (HEART) Some of the objectves of the HEART fund are to: v Develop, encourage, montor and provde fnance for tranng schemes for employment of tranees Provde employment opportuntes for tranees Assst n the placement of persons seekng employment n Jamaca Promote employment projects 4.1.1 Regstraton Process As mentoned before, there s no formal regstraton process for Human Employment and Resource Tranng (H.E.A.R.T). 4.1.2 Payment of Contrbutons When payng H.E.A.R.T. contrbutons, the company remts the amount to the Inland Revenue Department/Tax Offce on a monthly bass usng a Heart Fund Remttance Advce (See Appendx 20). The Casher wll ssue a recept after acceptng payments. 4.2 ASSETS TAX Ths s a tax on the assets of companes and other specfed nsttutons. For the purpose of The Assets Tax (Specfed Bodes) Act, assets nclude: v v Estate or nterest n land Equpment, furnture, machnery, plant and other movables Outstandng balances on loans and advances made by a company Cash n hand and n bank Outstandng balances due to company by sundry debtors 4.2.1 Regstraton Process There s no formal regstraton process for Assets Tax. 28
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 29 4.2.2 Flng of Returns An annual declaraton of the value of ther assets and payment of prescrbed fee must be made on or before September 01 to the Inland Revenue Department/Tax Offce usng the prescrbed Declaraton of Assets AT01 (See Appendx 21). A Proft and Loss Account and Balance Sheet should be fled wth the Return; however, once the company has submtted a Proft and Loss Account and Balance Sheet wth ts Income Tax Return, t s not necessary for the company to do so agan. 29
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 30 5.0 WHAT IS GCT? CHAPTER 5 GENERAL CONSUMPTION TAX (GCT) The GCT s a value-added tax, whch s appled on the value added to goods and servces at each stage n the producton and dstrbuton chan. It s a tax on consumpton and s ncluded n the fnal prce the consumer pays for goods and servces. Some goods and servces are deemed exempt from ths tax, whle others are zero-rated. For more nformaton on the rates that are charged on partcular goods or servce, you may call 1-888-TAX HELP (1-888-829-4357) or vst the Tax Admnstraton s Webste at www.jamacatax.gov.jm 5.1 REGISTRATION Every person who carres on a taxable actvty as defned under The GCT Act s requred to regster for GCT. Effectve 2006, taxpayers may apply for regstraton at any of the twenty-eght (28) Collectorates slandwde as well as TAAD. Applcaton must be made wthn twenty-one (21) days after the commencement of the taxable actvty. However, the Commssoner may, f satsfed that the crcumstances so warrant, extend the tme specfed. 5.1.1 Determnng Regstraton Status The annual gross sales wll determne the regstraton status: f the sales turnover for the year s below the threshold of one mllon dollars ($1,000,000) or eghty three thousand, three hundred and thrty three dollars ($83,333) for each month, the entty s deemed to be a Regstered Person and s not permtted to collect GCT when he/she supples goods or servces. If sales turnover for the year s above the threshold, the entty s deemed to be a Regstered Taxpayer and s permtted to collect GCT when he/she supples goods or servces. 5.1.2 Notce of Regstraton and Data Sheet Where the Commssoner s satsfed wth the detals on the Applcaton for Regstraton, he/she wll regster the person and ssue a Notce of Regstraton and Data Sheet n respect of a person operatng below the threshold. In the event that he/she reaches the threshold, he must nform 30
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 31 the Commssoner wthn twenty-one (21) days of the day on whch he qualfes for regstraton as a Regstered Taxpayer. In respect of a person operatng above the threshold, the Commssoner wll ssue a Certfcate of Regstraton (avalable three weeks after applcaton) and Data Sheet. These show the GCT Regstraton Number (TRN) and the effectve date of regstraton. 5.2 DISPLAY OF REGISTRATION A Certfcate of Regstraton or an offcal copy of the certfcate must be promnently dsplayed n each busness outlet. If a person operates hs/her busness from more than one locaton, he/she must nform the Commssoner of ths at the tme of applyng for regstraton and he/she wll be ssued wth the requred number of offcal copes of certfcates. For more nformaton on GCT, contact TAAD, or any of the twenty-eght (28) Collectorates/Tax Offces slandwde (see Drectory at Page 39) or the toll-free servce 1-888-TAX HELP (1-888-829-4357). 5.3 THE APPLICATION PROCESS To apply for regstraton, a person (ndvdual, company and partnershp whch s defned to nclude an unncorporated body, a jont venture, a trustee or a trust) must complete an Applcaton For General Consumpton Tax Regstraton - FORM 1 (See Appendx 22). Ths form may be obtaned from TAAD or any Collectorate/Tax Offce slandwde or downloaded from the Tax Admnstraton s webste www.jamacatax.gov.jm. Instructons for completng the applcaton form are provded at the back of the form. To regster for GCT, a person must have a vald TRN. The applcaton form for TRN may be obtaned from the Taxpayer Regstraton Centre (TRC), or any Collectorate slandwde. 5.4 FILING OF RETURNS There are four (4) basc types of returns: 5.4.1 General Consumpton Tax Return The Return s fled usng the General Consumpton Tax Return - FORM 4A (See Appendx 23). Standard Return s to be used by all regstered taxpayers other than those n the Insurance, Toursm Industry and manufacturers of prescrbed goods (dscussed below). 31
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 32 5.4.2 Specal Consumpton Tax Return Ths Return s fled on Specal Consumpton Tax Return - FORM 4C (See Appendx 24), whch s to be used by manufacturers of prescrbed goods namely: alcoholc beverages, tobacco products and petroleum products. 5.4.3 Toursm Actvtes Tax Return Ths Return s fled on General Consumpton Tax Return - FORM 4D (See Appendx 25), whch s to be used by persons who carry out a toursm actvty. 5.4.4 General Insurance Tax Return Ths Return s fled on General Consumpton Tax Return - FORM 4E (See Appendx 26), whch s to be used by persons carryng out general nsurance servces. 5.5 PAYMENT When makng payment, the relevant GCT Return s completed and submtted to the Inland Revenue Department/Tax Offce. The Casher wll ssue a recept after acceptng payments. 32
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 33 CHAPTER 6 ONLINE SERVICES AND ELECTRONIC DROP BOXES 6.0 PAYING TAXES ONLINE The Inland Revenue Department (IRD) has ntroduced a Vrtual Collectorate to offer taxpayers the ease and comfort of payng a select set of taxes onlne at anytme from home or offce by vstng the webste www.jamacatax-onlne.gov.jm 6.1 TAXES AND FEES PAID ONLINE The taxes and fees that can be pad onlne are: v v v Property Tax Traffc Tckets Consumpton Taxes (GCT and SCT) Bettng Tax Hotel Tax Other Fees, for example, Jamaca School Certfcate (JSC) Exam Fees, Employment Agency Fees and Petrol Fllng Staton A/B/C 6.1.1 Payng Onlne To pay onlne, persons need a vald MasterCard,Vsa or Key Card, an emal address and a Taxpayer Regstraton Number (TRN). To use the epayment tax faclty for the frst tme, persons must create a username and password. The smple easy to follow, fve-step, user-frendly process makes onlne payments convenent and a more effcent, less costly use of tme. 6.1.2 Fve Easy Steps to PayOnlne Step 1: Step 2: Enter username and password, create log n and user profle f you are usng the epayment servce for the frst tme. Select the tax type you wsh to pay, such as Property Tax, Traffc Tcket, General Consumpton Tax, Specal Consumpton Tax, Bettng Tax or Hotel Lcences then confrm tax detals. 33
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 34 Step3: v Step 4: v Step 5: Add to the tax total At the end of the transacton, ether select another tax, or pay the taxes usng your credt card. Vew and prnt or wrte the transacton reference number for your records. 6.1.3 Modernzng Through Technology 6.2 TCC ONLINE The Vrtual Collectorate s part of the Publc Sector Modernzaton Programme to enhance government servces n Jamaca through the use of Informaton Communcaton Technologes (ICT), and was developed n partnershp wth the Mnstry of Commerce, Scence and Technology as part of an egovernment project. For further nformaton, contact the toll-free servce 1-888-TAX HELP (1-888-829-4357) or any of the 28 Collectorates slandwde. v The new, fully automated Onlne Tax Complance Certfcate (TCC) applcaton process came nto operaton at selected Collectorates slandwde on September 26, 2005. The Collectorates nclude: St.Andrew, St.Ann s Bay, Mandevlle, May Pen, Spansh Town, Montego Bay, Savanna-La-Mar and Port Antono. Persons can vst the Tax Admnstraton webste at: www.jamacatax-onlne.gov.jm the forms are avalable on the same ste. Taxpayers wth an onlne TCC Logn ID wll be able to electroncally apply for a TCC va the Tax Admnstraton webste. Upon submttng the TCC Applcaton, an emal wll automatcally be sent to the relevant agences (NIS, HEART and NHT) to obtan taxpayer complance nformaton. Under ths new system applcants wll be able to track ther applcatons. Addtonally, other government agences wll be offered the opportunty of verfyng the authentcty of TCC 34
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 35 6.3 HOW TO APPLY FOR A LOGIN ID applcatons presented va the Web. The entre process should be completed wthn 24 hours. v v The taxpayer must complete the Logn Regstraton Form (See Appendx 27), obtaned from a collectorate or va the webste (sgned and stamped wth Company seal where applcable) Delver the form to the Taxpayer Servce Secton at any Collectorate. Taxpayer Servce Personnel wll verfy the nformaton and ID presented. Taxpayer Servce Personnel wll emal the applcant wth hs logn and password. When taxpayers log n for the frst tme, they wll be prompted to change ther password (ths s recommended). If the taxpayer chooses, he/she can wat at the Collectorate for hs/her logn and temporary password. 6.4 ONLINE TCC PROCESS STEPS v v v v Taxpayer logs onto Webste: www.jamacatax-onlne.gov.jm Select To apply for TCC and complete onlne form and attach documents for ease of processng. Taxpayer submts applcaton. An automatc response wll be sent to the applcant s nbox nformng them that hs/her applcaton has been sent to all agences wth the applcaton number ssued. Upon recevng the emal from the applcant, each agency wll conduct relevant checks on the applcant to verfy complance status. Indvdual agences wll log onto the webste and enter the applcaton number whch was receved n the pror emal. Indvdual agences wll ndcate the applcant s complance status, 35
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 36 comment where applcable and submt ths nformaton to IRD. v x x IRD wll then accept or reject the TCC applcaton. Applcant s status wll be updated from SUBMIT to APPROVE or REJECT on the webste. Taxpayers wll be contacted va emal or telephone to nform them of ther applcaton status. 6.5 TCC BY EMAIL The new process wll enable complant persons to apply va emal for ther TCC and pck up Tax Complance Certfcate wthn twenty-four (24) hours. Download TCC form. Fll out downloaded form. Send form as an attachment to the offce you desre to pck up TCC. You may collect TCC wthn twenty-four (24) hours after recept of applcaton. You can emal t to the followng locatons: Kngston: tcckngstreet@rd.gov.jm Constant Sprng: tcccsprng@rd.gov.jm Spansh Town: tccspntwn@rd.gov.jm Mandevlle: tccmandevlle@rd.gov.jm May Pen: tccmaypen@rd.gov.jm St.Ann s Bay: tccstaby@rd.gov.jm Montego Bay: tccmobay@rd.gov.jm 6.6 TCC BY FAX Customers may fax applcatons to any of the followng stes and pck up ther TCC wthn twenty-four (24) hours of submsson: Constant Sprng: 931-9194 Kng Street: 922-2876 Mandevlle: 962-6095 May Pen: 902-1811 36
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 37 6.7 ELECTRONIC DROP BOXES Montego Bay: 952-2766 Spansh Town: 749-4866 St.Ann s Bay: 794-9038 The Electronc Drop Box s an ntatve to further mprove the servces to taxpayers. It wll allow taxpayers to fle Returns and make payments usng cheques wth the followng tax types: General Consumpton Tax Company Income Tax Indvdual Income Tax Educaton Tax Property Tax Natonal Insurance Scheme Contrbutons H.E.A.R.T Remttances The Electronc Drop Box wll only be avalable to taxpayers durng workng hours. 6.7.1 Procedure For Use Of Drop Boxes Step 1: Complete the depost recept on the Tax Admnstraton Drectorate Electronc Depost Envelope, detach your copy and nsert cheque(s) returns, payment advce and seal envelope. Step 2: Step 3: Drop envelope n Electronc Drop Box Chute. Insert recept face up nto Electronc Drop Box Valdator Slot. After valdaton, remove stamped recept and retan for your records. 37
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 38 6.7.2 Locaton Of Drop Boxes At present, the Electronc Drop Box s nstalled at the followng locatons: St. Andrew Revenue Servce Centre Kngston Collectorate Cross Roads Collectorate Spansh Town Revenue Servce Centre Montego Bay Revenue Servce Centre Mandevlle Collectorate 38
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 39 CONTACT INFORMATION DIRECTORY COMPANIES OFFICE OF JAMAICA (COJ) 1 Grenada Way, Kngston 5 Tel: 908-4419-26, Fax: 960-7152 Emal: custsupport@orcjamaca.com CUSTOMS DEPARTMENT Myers Wharf, Newport East Kngston 15 Tel: 922-5140-9, Fax: 967-0140 Emal: publc.relatons@jacustoms.gov.jm DIRECTOR GENERAL S EXECUTIVE OFFICE Mnstry of Fnance and Plannng Buldng, Block G 30 Natonal Heroes Crcle Kngston 4 Tel: 922-8600, Fax: 932-5983 Emal: dgeo@dgtaxadmn.gov.jm INLAND REVENUE DEPARTMENT (IRD) 1-3 Kng Street Kngston Tel: 922-7919/8355, Fax: 924-9420 Emal: rdhqjam@rd.gov.jm NATIONAL INSURANCE SCHEME (NIS) OFFICE 18 Rpon Road Kngston 5 Tel: 929-7144-6, Fax: 930-8761 39
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 40 STAMP DUTY AND TRANSFER TAX 111 Harbour Street Kngston Tel: 924-9934/922-6972-3 Fax: 967-0736 TAX ADMINISTRATION SERVICES DEPARTMENT (TASD) The Offce Centre Buldng (10th Floor) 12 Ocean Boulevard Kngston Tel: 922-8691-4, Fax: 922-7110 Emal: taxhelp@tasd.gov.jm TAXPAYER APPEALS DEPARTMENT (TAD) The Offce Centre Buldng (1st Floor) 12 Ocean Boulevard Kngston Tel: 948-6316-7, Fax: 948-9371 Emal: appeals@tad.gov.jm TAXPAYER AUDIT AND ASSESSMENT DEPARTMENT (TAAD) NCB Towers (11 Floor - South Tower) 2 Oxford Road Kngston 5 Tel: 960-0243/920-2310/2906, Fax: 929-7496 Emal: Jance.lawes@taad.gov.jm TAXPAYER REGISTRATION CENTRE (TRC) 12 Ocean Boulevard Kngston Tel: 922-7429/967-3052, Fax: 922-1748 40
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 41 COLLECTORATES KINGSTON 1-3 Kng Street (Downtown) Located opposte Mnstry of Health Telephone: 922 7919; 922 8355; 967 4037 Fax: 948 1413 Emal: rdknst@rd.gov.jm ST.ANDREW 191 Constant Sprng Road, Kngston 8 Located besde Constant Sprng Post Offce Telephone: 969 0000-7 Fax: 925 8915 Emal: rdconsp@rd.gov.jm CROSS ROADS 15B Old Hope Road, Cross Roads Located near RBTT Bank Telephone: 960 1500; 960 3743; 967 0097 Fax: 926 7689 Emal: rdxroad@rd.gov.jm ST. CATHERINE SPANISH TOWN Twckenham Park, Spansh Town P.O., St. Catherne Located besde Regstrar General s Department Telephone: 984 3877; 984 2285; 907 0585 Fax: 943 9696 Emal: rdsptwn@rd.gov.jm LINSTEAD Rodney Hall Road, Lnstead P.O., St. Catherne Located besde the Court House Telephone: 985 2286 Fax: 985 7630 Emal: rdlnsd@rd.gov.jm 41
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 42 OLD HARBOUR 1 Vaz Drve, Old Harbour P.O., St. Catherne Located behnd the Polce Staton Telephone: 983 2284 Fax: 983 6614 Emal: rdoharb@rd.gov.jm CLARENDON CHAPELTON Man Street, Chapelton P.O., Clarendon Located besde the Court House Telephone: 987 2231 Fax: 785 2301 Emal: rdchapl@rd.gov.jm LIONEL TOWN Lonel Town P.O., Clarendon Located close to the Natonal Commercal Bank (NCB) Telephone: 986 3237 Fax: 986 3237 Emal: rdltown@rd.gov.jm MAY PEN 7 Wndsor Avenue, May Pen P.O., Clarendon Located besde the Court House Telephone: 986 2224; 986 9478 Fax: 902 1811 Emal: rdmaypen@rd.gov.jm MANCHESTER CHRISTIANA Man Street, Chrstana P.O., Manchester Located besde the Shell Gas Staton Telephone: 964 2556 Fax: 964 7070 Emal: rdchrs@rd.gov.jm 42
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 43 MANDEVILLE South Race Course, Mandevlle P.O., Manchester Located besde the Fre Staton Telephone: 962 2384; 962 3154 Fax: 962 6095 Emal: rdmvlle@rd.gov.jm ST. ELIZABETH SANTA CRUZ Coke Street, Santa Cruz P.O., St. Elzabeth Located besde the Polce Staton Telephone: 966 2217; 966 4837 Fax: 966 2964 Emal: rdscruz@rd.gov.jm BLACK RIVER Hgh Street, Black Rver P.O., St. Elzabeth Telephone: 965 2238 Fax: not avalable Emal: rdbrvr@rd.gov.jm WESTMORELAND DARLISTON Darlston P.O.,Westmoreland Located near the Polce Staton and Market Telephone: 955 0000 Fax: 955 0000 Emal: rddarls@rd.gov.jm SAVANNA-LA-MAR 3 Great George Street, Savanna-la-mar,Westmoreland Telephone: 955 3496 Fax: 955 3469 Emal: rdsavmr@rd.gov.jm 43
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 44 HANOVER LUCEA Church Street, Lucea P.O., Hanover Telephone: 956 2219; 956 9853 Fax: 956 3956 Emal: rdlucea@rd.gov.jm ST. JAMES MONTEGO BAY 18B Howard Cooke Boulevard, Montego Bay P.O., St. James Located besde the Court House Telephone: 979 2907; 979 0460-1 Fax: 952 2766 Emal: rdmobay@rd.gov.jm TRELAWNY FALMOUTH 2 Seaboard Street, Falmouth P.O.,Trelawny Telephone: 954 3218 Fax: 617 5210 Emal: rdfalmo@rd.gov.jm JACKSON TOWN Jackson Town P.O.,Trelawny Located opposte the Post Offce Telephone: 610 4281 Fax: 610 4899 Emal: rdjatwn@rd.gov.jm 44
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 45 ST. ANN ST.ANN S BAY 5 Harbour Street, St.Ann s Bay P.O., St.Ann Located besde the Court House Telephone: 972 2228; 972 9685; 972-1378 Fax: 972 9933 Emal: rdstaby@rd.gov.jm BROWN S TOWN Man Street, Brown s Town P.O., St.Ann Located n front of the Post Offce Telephone: 975 2283 Fax: 917 9036 Emal: rdbrtwn@rd.gov.jm MONEAGUE Moneague P.O., St. Ann Located near the Polce Staton Telephone: 973 0457 Fax: 794 0815 Emal: rdmonge@rd.gov.jm ST. MARY ANNOTTO BAY Annotto Bay P.O. Box 38, St. Mary Located n the town square between the Polce Staton and the Area 2 Headquarters Telephone: 996 2214; 996-2084 Fax: 996 2084 Emal: rdanoby@rd.gov.jm PORT MARIA 2 Man Street, Port Mara P.O., St. Mary Located n the Town Square Telephone: 994 2585; 994-2350 Fax: 994 2585 Emal: rdptmar@rd.gov.jm 45
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 46 PORTLAND BUFF BAY St. George s Street, Buff Bay P.O., Portland Located besde Kldare Vlla Telephone: 996 1479 Fax: 913 6977 Emal: rdbuffb@rd.gov.jm PORT ANTONIO Fort George Street, Port Antono P.O., Portland Located besde the Court House Telephone: 993 2551; 993-9852 Fax: not avalable Emal: rdptant@rd.gov.jm ST.THOMAS MORANT BAY 8 Church Street, Morant Bay P.O., St.Thomas Located opposte the Bus Termnus Telephone: 982 2280 Fax: 734 5460 Emal: rdmoran@rd.gov.jm PORT MORANT Chapel Hll, Port Morant P.O., St.Thomas Located close to the Shell Gas Staton Telephone: 982 8213 Fax: 982 8919 Emal: rdptman@rd.gov.jm 46
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 47 APPENDICES Appendx 1 - Applcaton for Taxpayer Regstraton Number (Indvduals) Form 1 Appendx 2 - Applcaton for Taxpayer Regstraton Number (Organzatons) Form 2 Appendx 3 - TRN Supplemental Informaton (Indvduals) Appendx 4 - TRN Supplemental Informaton (Organzatons) Appendx 5 - Addtonal Informaton (Indvduals) Appendx 6 - Applcaton for TCC Appendx 7 - Return of Income and Tax Payable - Indvduals (Self-employed) IT01 Appendx 8 - Return of Income and Tax Payable (Organzatons (Bodes Corporate) IT02) Appendx 9 - Return of Income and Tax Payable (Organzatons (Unncorporated Bodes other than Lfe Assurance) IT03) Appendx 10 - Return of Income and Tax Payable (Organzatons (Lfe Assurance) IT04) Appendx 11 - Return of Income and Tax Payable (Indvduals (PAYE, Pensoners etc.) - IT05) Appendx 12 - Employer s Annual Return PAYE (Income Tax) IT06 Appendx 13 - Declaraton of Estmated Income and Tax Payable IT07 Appendx 14 - Employer s Paye (Income Tax) Monthly Remttance Deducton of TaxFrom Emoluments P30 Appendx 15 - Self-employed Person s Annual Return ET01 Appendx 16 - Employer s Annual Return Indvduals (Self-employed) ET02 Appendx 17 - Employer s Annual Return Organzatons ET03 Appendx 18 - Educaton Tax Deducton Card Appendx 19 - Educaton Tax Remttance Card Appendx 20 - Heart Fund Remttance Advce 47
Tax Requrements and Procedures.qxp 02/05/2007 10:24 AM Page 48 Appendx 21- Declaraton of Assets AT01 Appendx 22 - Applcaton For General Consumpton Tax Regstraton FORM 1 Appendx 23 - General Consumpton Tax Return FORM 4A Appendx 24 - Specal Consumpton Tax Return FORM 4C Appendx 25 - General Consumpton Tax Return Toursm Actvtes FORM 4D Appendx 26 - General Consumpton Tax Return General Insurance Actvtes FORM 4E Appendx 27 - Applcaton for Logn - Onlne Tax Complance Certfcate (TCC) 48
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