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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.