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Opinion 15<br />

DT<br />

MONDAY, MAY 8, <strong>2017</strong><br />

What the new VAT law means for us<br />

With the new VAT law, Digital Bangladesh doesn’t seem that distant anymore. This is the first part<br />

of a two-part op-ed<br />

• Mamun Rashid<br />

The Value Added Tax<br />

(VAT) and Supplementary<br />

Duty Act, 2012 (new VAT<br />

law), was planned to be<br />

implemented last year. However,<br />

it was put on hold amidst a lot<br />

of uncertainty and resistance<br />

from stakeholders and, primarily,<br />

unpreparedness on the part of<br />

the government and the business<br />

community.<br />

Over the last year, the<br />

government has been<br />

concentrating all its efforts on<br />

building the IT infrastructure<br />

for the implementation of its<br />

envisioned online VAT project --<br />

the backbone of the new VAT law.<br />

For smooth implementation of<br />

the new VAT law, the government<br />

has also initiated various measures<br />

to dispel any confusion within<br />

the business community at large<br />

through television and newspaper<br />

advertisements, social media<br />

updates, radio broadcasts, etc.<br />

As a result, the government<br />

seems confident and is determined<br />

to implement this new VAT law<br />

with effect from July 1.<br />

The move has been further<br />

confirmed by the chairman<br />

other benefits, some of which are<br />

discussed below.<br />

Going online<br />

NBR has introduced a new<br />

dedicated website for VAT<br />

registration, payment of VAT, and<br />

filing of returns. Unlike current<br />

manual system the online system<br />

will allow a business entity to<br />

carry on its day-to-day VAT<br />

compliances from the convenience<br />

of its office or home through the<br />

VAT website.<br />

As a result, by eliminating the<br />

hassle of going to the VAT office,<br />

the online system will allow<br />

businesses to enjoy huge savings<br />

in time and cost which could be<br />

invested in doing business in a<br />

more professional and compliant<br />

manner.<br />

The process of registration<br />

under the new act has already<br />

commenced. Under it, existing<br />

VAT registered entities as well as<br />

new business entities are required<br />

to obtain Business Identification<br />

Numbers (BINs) before the<br />

implementation date.<br />

Making advance payments<br />

Under the current VAT law,<br />

companies are required to deposit<br />

The new VAT law aims to initiate the<br />

modernisation and digitisation of<br />

the tax system in Bangladesh<br />

Paying tax will become much easier from now on<br />

BIGSTOCK<br />

of National Board of Revenue<br />

(NBR), at the pre-budget meeting<br />

held on April 4, <strong>2017</strong>, where he<br />

expressed the government’s<br />

commitment to implement<br />

the new VAT law with all the<br />

amendments, modifications,<br />

and recommendations received<br />

from all business communities,<br />

chambers of commerce,<br />

professionals, and economists.<br />

The new VAT law aims to<br />

initiate the modernisation and<br />

digitisation of the tax system in<br />

Bangladesh.<br />

The transition from a manual to<br />

a virtual VAT administration will<br />

assist in overcoming bureaucratic<br />

hurdles that businesses currently<br />

have to deal with under the<br />

present VAT system.<br />

Other than simplifying the<br />

multiple VAT rates into one<br />

standardised rate, ie 15%, the<br />

new act has also introduced<br />

tax in advance (before supply)<br />

and, therefore, always required<br />

to maintain a positive balance<br />

in their current account register.<br />

In contrast, under the new law,<br />

companies will only have to make<br />

payments once they are due, ie<br />

before the filing of their monthly<br />

returns by the 15th of the next<br />

month.<br />

This will grant a registered<br />

entity time from 15 to 45 days to<br />

make the payment of VAT for the<br />

supply affected by it in a month.<br />

This will, in turn, improve a<br />

registered entity’s cash flow and<br />

provide relief on the working<br />

capital requirement.<br />

Refund of unutilised input tax<br />

Currently, there is no provision<br />

on the refund of unutilised input<br />

tax credit unless the registered<br />

entity cancels or surrenders its<br />

registration.<br />

Any excess unutilised input<br />

tax credit needs to be indefinitely<br />

carried forward and adjusted<br />

against the output tax in the<br />

following tax periods.<br />

This becomes an unnecessary<br />

hurdle for a business entity to<br />

liquidate its working capital<br />

blockage.<br />

The new VAT law has a<br />

provision for availing of the option<br />

of refund of excess input tax<br />

credit upon completion of carry<br />

forward up to six months. This<br />

will provide great relief to the<br />

business community and will have<br />

a positive impact on the cash flow<br />

of businesses.<br />

Valuation and levy of VAT<br />

At present, manufacturers are<br />

required to include all their cost<br />

and overheads in the sale price for<br />

determination of price on which<br />

VAT is payable, thus precipitating<br />

challenges in fixing the price in<br />

the competitive market. The new<br />

VAT law allows manufacturers<br />

to discharge VAT only on the<br />

transaction value (sale price),<br />

regardless of whether cost price is<br />

higher than sale price. This change<br />

will give a competitive edge to the<br />

business community.<br />

Revised return<br />

The present VAT law does not<br />

provide any scope for correction in<br />

the original return by the filing of a<br />

revised return.<br />

However, under the new VAT<br />

law, a registered entity is now<br />

allowed to file a revised return<br />

after identifying any discrepancy,<br />

omission due to clerical error, or<br />

any other error except forgery<br />

either online or manually, thus<br />

resulting in reduction of disputes<br />

as well as penalties imposed by the<br />

VAT Authority.<br />

Bad debts<br />

Where a payment from a customer<br />

remains outstanding for over 12<br />

months and gets written off for<br />

non-collection, the tax paid at<br />

the time of supply becomes a cost<br />

with no provision in the present<br />

VAT law to adjust the same. Under<br />

the new VAT law, the supplier will<br />

be allowed to make a decreasing<br />

adjustment, which will in turn<br />

lower the amount of tax payable<br />

by the supplier. •<br />

The concluding part of this op-ed<br />

will be published tomorrow.<br />

Mamun Rashid is the Managing Partner<br />

at PricewaterhouseCoopers (PwC)<br />

Bangladesh. This article has been<br />

prepared with extensive help from Pulak<br />

Saha (Partner, Indirect Tax) and Prabir<br />

Mitra (Manager, Indirect Tax) from PwC<br />

India and Sanjida Mithila, Analyst from<br />

PwC Bangladesh.

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