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Financial Act 2005 Prakas 380 MEFTD Dated 14 July 2005 on
Implementation of Accommodation Tax Prakas 601 MEFPK Dated 23 September 2005 on
the Postponement of the Implementation of Accommodation Tax.
Notification 7127 MEFPK dated 27 November 2006 on the collection of Accommodation Tax
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2. Definition
The tax has been implemented on Real Regime and Estimated Regime Taxpayers who provide accommodation services used as the benefit of provincial and municipality budgets.
Accommodation services consist of:
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2. Definition (cont.)
Hotel, Hotel Apartment, Suite Hotel, Resort Hotel, Motel, Lodge, Bungalow, Guest House and Tourist Camping.
Other similar accommodation services but excluding rental (House, Flat…) long-term and short-term.
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3. Tax Rate and Time of Supply
The tax rate is 2% on taxable value of accommodation services inclusive of service charge and other taxes except AT and VAT.
Time of Supply or Issue an Invoice: within 7 days of the completion of services, or the payment if it is made prior to the completion of services.
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3. Tax Rate and Time of Supply (cont.)
Where the service is supplied by way of gift, the time at which the performance of the services is completed.
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4. Practical Calculation
Accommodation tax is collected from guests by hotel’s owner or representative to pay to the General Department of Taxation.
Accommodation tax and VAT are calculated through the following formula:
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4. Practical Calculation (cont.)
Proportion Formula:
VAT Proportion:
Turnover Tax:
Accommodation Tax:
R Rate ----------- = ----------------- R + 100 Rate + 100
PUBLIC LIGHTING TAX Siem Reap, 21st February, 2014
CONTENTS
1.PLT Taxable Supply
2.Definition
3.Procedure of Tax Assessment / Payment
4.Tax Rate
5.Method of Tax Calculation
6.Tax Payment 2
1. PLT Taxable Supply
Shall be taxed on Public Lighting of Supply of Products as follows: Alcoholic Beverages Beers and Cigarettes
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2. Definition
Shall be determined as alcoholic beverages, beers and cigarettes: - All kinds of beers, - Red wine included alcoholic substance, - Other alcoholic beverages except palm
juice (toddy) and wine - Cigarettes and all kinds of Cigars
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2. Definition (cont.)
Alcoholic beverages which contains or more than 80% of Alcohol substance, Alcohol beverages which lose its primary alcohol substance, and Other alcohol beverages after any conversion.
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3. Procedure of Tax Assessment/Payment
Public Lighting Tax (PLT) is imposed on all stages of supplies (of alcoholic Beverages and cigarettes) and shall implement on value of taxable supplies of products inclusive all taxes except Public Lighting Tax itself and Value Added Tax (VAT).
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3. Procedure of Tax Assessment/Payment (cont.)
In order to calculate taxes to be paid, taxable person shall separately record revenues realized from other taxable supply and other supplies.
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4. Tax Rate and Tax Payment
Public Lighting Tax shall be collected at the rate of 3% on value of Alcoholic Beverages and Cigarettes sold in each province and municipality.
This tax is also applied for the appropriation Alcoholic Beverages and Cigarettes for his/her own use by taxable person, personnel or for third party.
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5. Method of Tax Calculation Example “A”: A restaurant realized the total revenue from selling of Wine, Beer and Cigarettes in July, 2012 the amount of 1,100,000 riel. What is tax due for “A” restaurant in July, 2012? Calculating Method: Turnover Exclusive VAT: 1,100,000/1.1 = 1,000,000 Riel Turnover Exclusive PLT: 1,000,000/1.03 = 970,874 Riel Therefore PLT shall be paid for July, 2012: 970,874 x 3% = 29,126 Riel
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6. Tax Payment
Person who makes taxable supply of Alcoholic Beverages and Cigarettes is a PLT Taxable person and shall be responsible for collection of PLT from customers and pay the tax to the tax administration.
Self-Assessed / Real Regime Taxpayers shall pay the tax no later than 15th of the following month.
Budget collected from this tax shall be the benefit of the provincial and municipal budget for public lighting.
Certain merchandise and services are subject to specific tax including: Wines, beers, all kinds of tobacco, and
beverages. Sales of air tickets (passengers). Telecommunication services. Entertainment services.
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1. Subject To Specific Tax (cont.)
Entertainment Services: Entertainment services include: concert,
playing music, performing sketch or gestures which are related to business activities in bar, karaoke, discotheque in public area or any place.
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1. Subject To Specific Tax (cont.)
Entertainment Services (Cont.): Hotel or restaurant which consists of playing
concert, performing sketch or gestures related to business activities in hotel or restaurant are subject to be entertainment services.
Massage, car racing, motor racing, snooker, bowling, golf, and other gambling.
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2. Taxable Amount of Specific Tax
For Local Production Industries: Taxable amount is the sale price which is recorded
on the manufacturing invoice (article 85 Of LOT). Sale price which is recorded on the manufacturing
invoice equals to 65% of the price exclusive VAT recorded on the invoice issued to customers regardless of any discounts (Prakas 344 dated 27 April 2007).
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2. Taxable Amount of Specific Tax (cont.)
Owner’s use or giving gifts : Owner’s use or giving gifts or sales bellow
market price, the tax must be calculated and paid following the market price of the items.
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2. Taxable Amount of Specific Tax (cont.)
Local Service Industries: Taxable amount of Specific Tax on local service supplied is the service supplied amount excluding VAT recorded on the invoice issued to customers except Specific Tax itself.
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3. Rate of Specific Tax
Goods and Services are Subject to Specific Tax Tax Rates
All Kinds of Beers (Prakas 114 MEF on 01 Jan 2010) 25%
Wines and Beverages 10%
All Kinds Of Tobacco 10%
Entertainment Services: Concert, Performing Sketch Car Racing, Motor Racing, Bowling, Massage, Karaoke Snooker, Discotheque, Golf, and Other Gambling. 10%
Air Tickets (Passenger only) 10%
Telecommunication Services 3%
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4. How to Calculate Specific Tax
Kindly refer to the Calculation List of the invoice.
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5. Payment of Specific Tax
The entities who are subject to Specific Tax must file a Tax Return and pay the tax no later than 15th day of following month.
11. Prepayment of Tax on Profit (Article 28 (new) LOT) 12. Minimum Tax (Article 24 (new) LOT) 13. Foreign Tax Credit (Article 36 LOT) 14. Determination of the Taxable Results (Section 9.1 TOP) 15. Determination of the Tax Exemption Period
Contents (cont.)
1-Objectives of Tax on Profit
1. is the debt of a resident person on
income from Cambodian sources and income from foreign sources;
2. is the debt of a non-resident person on income from Cambodian sources.
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2-Cambodian Source Incomes (Article 33 New LOT)
1. Interest paid by
- a resident enterprise - a resident pass-through, or - a governmental institution of the Kingdom of
Cambodia
2. Dividends distributed by a resident enterprise;
3. Income from services performed in the Kingdom of Cambodia.
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2-Cambodian Source Incomes (Cont.) 4. Income from Management and Technical Services paid by a resident person.
5. Income from movable or immovable property if such a property situated in the Kingdom of Cambodia.
6. Royalties from the use, or right to use intangible property paid by a resident or by a non-resident through a PE that he maintains in the Kingdom of Cambodia.
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2-Cambodian Source Incomes (Cont.) 7. Gain from the sale of immovable property located in Cambodia or from the transfer of any interest in immovable property situated in Cambodia; 8. Premiums from the insurance or reinsurance of risks
in Cambodia; 9. Gain from the sale of movable property which is part
of the business property of a PE maintained by a non-resident taxpayer in Cambodia;
10. Income from business activities carried on by a non-resident through a PE in Cambodia.
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3-Taxable Profit (Article 7 LOT/Section 2.2 TOP)
1. Is the net profit obtained from all the results of all types of operations realized by the enterprise including: capital gains from the sale of various parts of the
asset during the operation or at the close of the business
income from financial or investment operations interest rental, and royalty income
2. Expenses incurred to serve the needs of or for the benefits of the business can be allowable unless it meets the following 3 conditions:
• Proven by verifiable evidence (invoice, custom declaration, business letters, loan agreements…)
• The result of economic activities.
• Precisely determined (accounted in the period with accurate evidence).
4-Allowable Deductions (cont.)
In addition to the 3 conditions above:
1. The unpaid expenses at the end of tax year must constitute :
• a genuine liabilities
• with the prove of enforceable claim by the creditor
• with a reasonable expectation that the debts will in fact be paid by the debtors.
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4-Allowable Deductions (cont.)
2. Unpaid salary must be paid within 60 days of the following tax year.
3. Unpaid expenses to related parties must be paid within 180 days of the following tax year.
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4-Allowable Deductions (cont.)
Other special expenses: 1. Interest expense : is limited to 50% of net profit
calculated by:
• deducting : interest income • Adding up : interest expense Then add up with interest income received or accrued in the tax year
The remaining interest can be used in the following year
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4-Allowable Deductions (cont.)
2. Charitable contribution made to
Government institution, or
Non-profit organizations
is limited to 5% of taxable profit before charitable contribution deduction.
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4-Allowable Deductions (cont.)
For an insurance enterprise:
The level of charitable contribution which is allowable in any one tax year is 5% of the gross premium in that tax year .
The remaining balance can not be carried forward for deduction in another taxable year. (Sec. 5.10 of TOP)
3 Depreciation as per LOT.
4 Provision for bad debts for banking institutions . 19
5-Not allowed as Deductions (Article 19 LOT)
1. Amusement, recreation, entertainment or the use of any means in connection with such an activity.
2. Personal living or family expenses except for fringe benefits in cash or in kind subject to withholding tax according to the provisions for the Tax on Salary.
3. Tax on profit, withholding tax, salary tax.
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5-Not allowed as Deductions (Cont.)
4. For the loss on any sale or exchange of property, directly or indirectly, between related persons.
5. Any expense that is not related to business activities.
6. Depreciation or provision which is wrongly accounted for or overstated.
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6-Carrying forward of Losses (Article 17 LOT)
1. A loss in any one tax year, is considered as a charge and deduct in the following tax year.
2. The remaining loss can carry over successively to the following tax year until the fifth tax year.
3. Can be deductible only if it is booked in the tax return.
4. Those with unilateral tax re-assessment are not allowed for deduction.
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6-Carrying forward of Losses (Cont.)
5. Can be deductible only if it is proved by the account which is properly done in accordance with
the standards.
6. No change in shareholder.
7. No change in business activity.
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7-Tax Rate (Article 20 LOT)
1. 20 percent for the profit realized by a legal person.
2. 30 percent for the profit realized under
• an oil production sharing contract
• natural gas production sharing contract, and
• the exploration of natural resources including timber, ore, gold, and precious stones.
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7-Tax Rate (Article 20 LOT) (Cont.)
3. 9 percent for the profit of QIP to be entitled to the 5-year transitional period, starting from the tax year after the date of the promulgation of the Law on on the amendment of the Law on Investment.
4. 0 percent for the profit of QIP during the tax exemption period.
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7-Tax Rate (Cont.)
The profit realized by a physical person and the distributive share to each member of a pass-through.
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Parts of the annual taxable profit Tax rate
0 Riels to 6,000,000 Riels 0%
From 6,000,001 Riels to 15,000,000 Riels 5%
From 15,000,001 Riels to 102,000,000 Riels 10%
From 102,000,001 Riels to 150,000,000 Riels 15%
greater than 150,000,000 Riels 20%
7-Tax Rate (Cont.)
For an enterprise having principal activity in the insurance or reinsurance of life, property, or other risks, the tax on profit shall be determined as follows (Article 21):
• 5 percent of the gross premiums received in the tax year for the insurance or reinsurance of risk in the Kingdom of Cambodia,
• According to the rates in Article 20 for other activities that are not insurance or reinsurance.
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8-Withholding Tax on the Resident Taxpayer (Article 25(new) LOT)
1. 15%
• income received by physical person from the performance of services including management, consulting, and similar services;
• royalties for intangible and interest in minerals, and interest paid by resident taxpayer (other than domestic bank ) to a resident taxpayer.
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8-Withholding Tax on the Resident Taxpayer(Cont.)
2. 10% for income from rental of movable and immovable property. 3. 6% for fixed term deposit account interest (domestic bank and saving institution). 4. 4% for non-fixed term account interest (domestic bank and saving institution).
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9-Withholding Tax on the Non-resident Taxpayer (Article 26(new) LOT)
Any resident taxpayer carrying on business and who makes any of the following payments to a non-taxpayer shall withhold, and pay a tax , an amount equal to 14% of the amount paid:
1. interest; 2. royalties, rent , and other income connected with the use of property; 3. compensation for management and technical services; 4. dividend.
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10-Additional Profit Tax on Dividend Distributions (Article 23 LOT)
1. 20% of the amount paid on:
• distribution of retained earning or annual profit after tax subjective to a tax rate of 0%
• any other distribution, except for the point 2 , 3 and any repayment of capital.
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10-Additional Profit Tax on Dividend Distributions (Cont.)
2. 11/91upon distribution of retained earning or annual profit after tax subjective to a tax rate of 9%. 3. additional profit tax shall not be paid on the distribution of retained earning and annual profit after tax subjective to the normal rate of 20% or 30%
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11-Prepayment of Tax on Profit (Article 28 LOT)
1. An enterprise liable to the tax on profit according to the real regime system of taxation and QIP liable to the tax on profit at the rate of 9%, has the obligation to pay a monthly prepayment at the rate of 1% of the turnover inclusive of all taxes , except VAT. 2. QIP within the exemption period shall be exempted from this prepayment. 3. The prepayment will be deducted from the tax on profit at the annual liquidation of the tax.
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11-Prepayment of Tax on Profit (Cont.)
QIP (garment and shoes producers) are suspended
from the monthly payment of prepayment tax on
profit: 1. For additional two years from 01 Jan 2011 to the end of 2012 ( Prakas No. 483 MEFPK, dated 29 May 2009) 2. Three years from 01 Jan 2013 to the end of 2015 (Prakas No.988 MEFPK, dated 23 November 2011).
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12-Minimum Tax (Article 24)
1. is imposed on taxpayers subject to real regime system except the QIP.
2. is a separate and distinct tax from the tax on profit.
3. 1% of annual turnover inclusive of all taxes, except VAT.
4. is payable at the time of the annual liquidation of the tax on profit.
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13-Foreign Tax Credit (Article 36 LOT)
1. A resident taxpayer who has received income from foreign sources and who has paid taxes according to the foreign tax law shall receive a tax credit for deduction from the tax on profit. 2. must prove documents confirming this tax was paid abroad. 3. The tax credit to be allowed for deduction in the tax year is the smaller of: A. the tax amount actually paid in a foreign country;
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13-Foreign Tax Credit (Cont.)
B. the amount obtained by multiplying the total tax on profit from all sources for the same period calculated according to the LOT tax rate in article 20 with the ratio of income received in that foreign country to the total income from all sources. In the case where the tax credit exceeds the tax liability the amount of excess may be carried forward to be used in succeeding years up to the fifth.
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14-Determination of Taxable Results (Section 9.1 TOP)
Write backs and deductions: 1. Normally, taxable profit is not the same as accounting profit.
2. In order to calculate the taxable profit of a tax year, enterprise must take the accounting results of that
year and carried out various adjustment in according with the law on taxation.
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14-Determination of Taxable Results (Cont.)
During the exemption period, enterprise shall make adjustments outside its accounting system by adjusting accounting results to taxable profit/loss in accordance with tax law.
CONTENTS 1. Objective 2. Definition 3. Salary Exempted 4. Monthly Tax Base 5. Monthly Salary Taxable 6. Determination of the Monthly Tax of Employees 7. Determination of the Tax on Fringe Benefits 8. Determination of the Monthly Tax of Non- Resident 9. Obligation of Employers and Employees
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1.Objectives
The Tax on salary is a monthly tax imposed on salary that has been received within the frame work of fulfilling employment activities.
A physical resident person in the Kingdom of Cambodia is liable to the tax on salary for Cambodian source and foreign source salary.
A physical non-resident person in the Kingdom of Cambodia is liable to the tax on salary for Cambodian source salary.
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2. Definition The term “Resident” when used for an employee, taxpayer, or
physical person means has his residence in or his principal place of abode in the Kingdom of Cambodia, or who is present in the Kingdom of Cambodia on more than 182 days in any period of twelve months ending in the current tax year.
The term “Non-Resident” means any person who is not a resident according to paragraph 1 and receives salary from Cambodian source.
Except for contrary provisions, any reference to the terms employee, taxpayer and physical person are references to both resident and non-resident as defined in this article.
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2. Definition (cont.) The term “Employer” includes any government
institution, any resident legal person, any resident pass-through, any permanent establishment in the Kingdom of Cambodia, any non-profit organization, or any resident physical person carrying on a business.
The term “Employee” means any physical person receiving salary from their employment activity including any responsible officer or director of an enterprise, any governmental officer, any elected official except for members of parliament and senate.
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2. Definition (cont.) The term “Cambodian Source Salary” means salary
received within the framework of fulfilling employment activities in the Kingdom of Cambodia. As for the salary received by a non-resident for furnishing technical assistance it shall be treated as from sources in the country where the payer of such income resides.
The term “Foreign” means: when used with respect to an physical person means non-
resident for the determination of the source of income, means outside of the Kingdom of Cambodia.
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2. Definition (cont.)
The term “Salary” in this Law means salary, remuneration, wages, bonuses and overtime, compensations and fringe benefits which are paid to an employee or which are paid for the direct or indirect advantage of the employee for the fulfillment of employment activities.
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3. Salary Exempted
The tax exemption for the salary of diplomatic and foreign officials shall be as follows: 1- Shall be exempted from the tax on salary:
a. Salaries those officers and employees of a diplomatic or consular mission of foreign government holding a diplomatic or official passport of that government have received within the framework of fulfilling their official function in the Kingdom of Cambodia.
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3. Salary Exempted (cont.)
b. Salaries those foreign representatives, officials and employees of international organizations and agencies of technical cooperation of other government have received within the framework of fulfilling their official function in the Kingdom of Cambodia.
2- Any tax exemption in this article shall be based on the principle of reciprocity between the government concerned.
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3. Salary Exempted (cont.)
Real refunds on professional expenses made by the employee under the assignment and for the benefit of the employer and which satisfy the 3 following conditions: Made for the direct and exclusive interest of the
enterprise. Not exaggerated nor extravagant. Supported by detailed invoices already paid and made
in the name of the recipient of the real expense refund.
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3. Salary Exempted (cont.)
Indemnity for the layoff within the limit as provided in Labor Law.
Additional remuneration with social characteristics where there is provision in Labor Law.
Supply gratis or below acquisition cost of special uniforms or professional equipment.
Flat allowance for mission and travel expenses. This allowance should not be overlap the real expense refund provided in this article.
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4. Monthly Tax Base
Except for fringe benefits taxable under art.48 of this LOT, the monthly tax base for a resident is the taxable salary from which is deducted: - Withholding obligations as the result of the
compliance with the Labor Law in order to create pension and for the maintenance of social welfare
- Payment which are allowed to be tax exempt in art.44 of this LOT.
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5. Monthly Taxable Salary
Monthly taxable salary for a resident employee includes: Salary from Cambodian source Salary from Foreign source Advance money, loan or installment made by
employer to employee which shall be added to the taxable salary of the month in which they are paid out and shall be deducted from salary in the month of any repayment made by the employee.
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5. Monthly Taxable Salary (cont.) Based on the evidence of family situation, any resident
employee with: - Minor dependent children at the time of tax payment is
allowed a reduction in the tax base of 75,000 riel per each.
- Spouse having only an occupation as housewife is allowed a reduction in the tax base of 75,000 riel for one person only per month.
For a non-resident taxpayer taxable salary includes salary from Cambodian sources taxable according to the provisions of this chapter.
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6. Determination of the Monthly Tax of Employees
Taxable Parts of the Monthly Salary Tax Rate
From 0 R to 500,000 R 0%
From 500,001 R to 1,250,000 R 5%
From 1,250,001 R to 8,500,000 R 10%
From 8,500,001 R to 12,500,000 R 15%
Over 12,500,000 R 20% 15
7. Determination of the Tax on Fringe Benefits
For Fringe Benefits, every months the employer shall withhold and pay tax by the time specified at the rate of 20% of the total value of fringe benefits given to all employees. The value of fringe benefits is the fair market value inclusive of all taxes.
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7. Determination of the Tax on Fringe Benefits (cont.)
The Fringe Benefits are as below: Transportations Foods Accommodation Utilities (water, electricity, phone,…) Housekeeper Loan with low interest or no interest Special discount Professional development which is not related to the
business Employee’s children education Life & health insurance, accept for giving equally to all
employee... 17
8. Determination of the Monthly Tax of Non-Residents
For a non-resident taxpayer, the tax shall be withheld by the payer at the rate of 20% on every payment of taxable salary. This withholding tax is the final tax on salary for the non-resident receiving the salary.
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9. Obligation of Employers and Employees The salary payment is the cause of tax liability This tax is the debt of the physical person
receiving the salary, including foreign physical person, except for contrary provisions as stated in international agreement.
The tax on salary shall be collected through monthly withholding procedure by the employer at the time of each salary payment.
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9. Obligation of Employers and Employees (cont.)
If the employer resides abroad, the fiscal representative appointed in the Kingdom of Cambodia by the employer is the one in charge of withholding the tax on salary prior to the salary payment to employees and of transferring their taxes to the State.
The employer or the resided representative in the Kingdom of Cambodia of a foreign employer and the employee shall be jointly
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9. Obligation of Employers and Employees (cont.)
Responsible for the payment of the tax on salary in the Kingdom of Cambodia regardless of whether the salary is paid in the Kingdom of Cambodia or abroad. In the case where no withholding is made on the tax on salary, the employer is held responsible under this law even if the tax is already paid by the employee.
VALUE ADDED TAX (VAT) Siem Reap, 21st February, 2014
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1- Taxable Supply 2- Rules and Procedures for VAT Registration 3- Obligation to Register for VAT 4- VAT Rate 5- Non Taxable Supply 6- The Differences Between Zero Rate Supply and Non-
Taxable Supply 7- Conditions for Creditable Input VAT 8- Input and Output 9- Conditions to Claim an Input Tax Credit 10- Input Tax not Allowed as a Tax Credit 11- Time of Supply 12- Taxable Value
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Contents
13- Example: Calculation of VAT Payable/Credit Carry Forward 14- Input Tax Partly for Taxable Supplies and Partly Non- Taxable Supply 15- VAT Refund 16- Conditions for Refund of Input VAT 17- Taxpayers’ Obligation for VAT Registration 18- Obligation of Taxable Persons 19- Taxpayers’ Obligation for VAT 20- Requirements of Tax Invoice 21- Contents of Tax Invoice 22- Procedure for Issuing Tax Invoice 23- Tax Calculation for Supply to Consumer 24- Adjustment of VAT Amount 3
Contents (cont.)
1-Taxable Supply (LoT, Art. 60)
The taxpayer under self-assessment system who makes taxable supplies shall have obligation to register for VAT Definition of taxable supply:
• The supply of goods or services by a taxable person in the Kingdom of Cambodia;
• The appropriation of goods for his own use by the taxable person;
• The making of a gift or supply at below cost of goods or services by the taxable person;
• The import of goods into the customs territory of the Kingdom of Cambodia.
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2-Rules and Procedures for VAT Registration (Sd. VAT, Art. 2)
All legal persons, import-export companies and QIPs Other enterprises who have the following turnover
within 3 months: • 125 million riels for those supplying goods • 60 million riels for those providing services • 30 million riels for those under the contract with the royal
government
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2-Rules and Procedures for VAT Registration (Cont.) (Sd. VAT, Art. 2)
For those who are not legal persons, import-export companies and QIPs, they shall have annual turnover starting from: • 500 million riels for those supplying goods • 250 million riels for those providing services • 125 million riels for those under the contract with the royal
government Other enterprises shall be able to register for VAT voluntarily if they
find it crucial.
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Persons who meet the criteria for self assessment system and make taxable supplies have the obligation to VAT Registration.
Only the taxable persons with Certificate of VAT Registration are allowed to charge VAT when supplying goods or services.
Registered taxable persons will get VAT Identity Numbers (VATIN) and the certificate of VAT registration.
The General Department of Taxation has the right whether or not to register or cancel the registration.
3-Obligation to Register for VAT (LoT, Art. 76)
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The rate of 10% ( Ten percent) : on the locally taxable supplies and import
The rate of 0% (Zero percent) : on the taxable value of each taxable supply of goods exported from the Kingdom of Cambodia and of the taxable supply of a service rendered outside of the Kingdom of Cambodia; and, international transportation
4-VAT Rate (LoT, Art. 64)
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Public postal service Hospital, clinic, medical and dental services and the sale of medical
and dental goods incidental to the performance of such services The service of transportation of passengers by a wholly state owned
public transportation system Insurance services Primary financial services The importation of articles for personal use that are exempt from
custom duties Non profit activities for the public interest The import of goods for official mission by foreign diplomatic and
consular mission, international organizations and agencies of technical cooperation of other governments.
5-Non Taxable Supplies (LoT, Art. 57-58)
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Supply With Zero Rate:
• the taxable supply with zero rate
• Input tax is allowed as tax credit or can be refunded.
• The supply of goods and services taxable with zero rate is export
Non-taxable supplies
• Not allowed as credit of input tax
• The suppliers shall not charge VAT to customer for all supplies.
6-The Differences Between Zero Rate and Non-Taxable Supply
(Sd. VAT, Art. 57, 64, 65 and 69)
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7-Conditions for Creditable Input VAT (Sd. VAT, Art. 28)
Goods that can receive VAT credit shall be purchased or imported within 60 days before VAT registration.
Tax credit application shall follow the form prescribed by GDT.
Tax credit application shall be attached with the evidence of VAT payment.
Taxable person shall keep related documents of credit request for 10 years.
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8-Input and Output (LoT, Art. 65-66)
Goods or services which are purchased for business are called Input.
Tax amounts charged on goods and services purchased are called VAT input.
Goods or services supplied to customers are called Output.
Tax amounts charged on goods or services that are supplied to customers are called VAT output.
9-Conditions to Claim an Input VAT Credit (LoT, Art. 68)
Shall be allowed only for tax paid on goods or services that are used for taxable supplies
For VAT input related to import, there shall be customs declaration certified by customs authorities.
For VAT input related to domestic purchases, there shall be invoices issued by VAT registered suppliers.
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10-Input Tax not Allowed as a Tax Credit (LoT, Art. 69 and Sd. VAT, Art. 31)
The tax paid on entertainment, amusement and recreation expense shall not be allowed as credit unless the taxable person carries on the business providing entertainment, amusement or recreation. • The term “entertainment” means the provision of food,
beverages, tobacco, accommodation, or hospitality of any kind.
The tax paid on the purchase or import of automobile shall not be allowed as credit unless the taxable person carries on the business dealing with or hiring such automobile. • The term “automobile” means any automobile designed solely
for the transport of person not exceeding ten in number.
The tax paid on the purchase or import of certain petroleum products shall not be allowed as credit unless the taxable person carries on the business as a supplier of such petroleum products.
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Time of supply is when tax amount is due to be paid.
The time of supply of goods or services shall be the time by which the seller must issue the invoice or the time the seller issues the invoice if that invoice is issued before the time it must be issued by the seller.
A VAT invoice must be issued within seven days after the goods are shipped or services rendered or after payment if payment occurs before goods are shipped or services rendered.
Where goods are applied to own use, the time of supply is the time at which the goods are first applied to own use.
Where goods or services are supplied as the way of gift, time of supplies is when the goods or services are transferred.
11-Time of Supply (LoT, Art. 60-62)
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In case the taxable person mixes up the supply of goods and services: • the supply of subsidiary services along with goods shall be
part of supplying the goods
• the supply of subsidiary goods along with services shall be part of supplying the services
• the supply of subsidiary services along with import shall be part of import
11-Time of Supply (Cont.) (Sd. VAT, Art. 47)
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12-Taxable Value (LoT, Art. 61)
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Import = CIF + Customs Duty + Excise Tax (if any)
Supply of Goods or Services = The price of goods or services that the supplier charges the customers.
Making a gift or selling at a lower price = Fair Market Value
Where the taxable values of goods or services cannot be determined, the Tax Administration may determine them (based on arm’s length principle).
13-Example1: The Calculation of VAT Payable Import of goods
Taxable value when imported 1,000
VAT paid to General Department of Customs &Excise(10%) 100 Other expenses 150 + profit 50 200
Selling price 1,200
Sell to customers
Taxable value or value without tax 1,200 VAT or VAT-output 10% ( charge customer ) 120
Import-Export Company files tax return
fill in the box for VAT output 120 fill in the box for VAT input (100) (additional tax to be paid) 20
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13-Example 2: The calculation of VAT Credit Import of goods
Taxable value when imported 1,000
VAT paid to General Department of Customs &Excise(10%) 100 Other expenses 150 + profit 50 200
Selling price 950
Sell to customer
Taxable value or value without tax 950 VAT or VAT-output 10% ( charge customer ) 95
Import Export Company files tax return
fill in the box for VAT output 95 fill in the box for VAT input (100) (VAT Credit) (5)
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14-Input Tax Partly for Taxable Supplies and Partly for Non-Taxable Supplies
(Sd. VAT Art. 33)
Where only part of the taxable persons within the taxable period are taxable supplies, the amount of credit allowable is calculated by the formula: A x B
C
A: Total amount of VAT input in the taxable period B: Total value of taxable supplies exclusive of VAT made by the
taxable person during the period C: The total value of taxable and non-taxable supplies exclusive of
VAT made by the taxable person during the period, other than the transfer of the business.
The fraction less than 0.05, all VAT input shall not be allowed any credit The fraction more than 0.95, all VAT input shall be allowed credit The fraction between 0.05 and 0.95, input tax shall be allowed as credit based on the formula stated in Paragraph 1 20
15-VAT Refund (LoT, Art. 72-73)
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A registered taxable person who declares exports on the VAT return may claim a refund of any excess input tax credit on that return (monthly).
A registered investment enterprise who declares an excess input tax credit on the VAT return may claim a refund of VAT on that return (monthly).
A registered taxable person who has an excess input tax credit for 3 consecutive months may claim a refund of the excess credit at the end of the third month.
16-Conditions for Refund of Input VAT (LoT, Art. 68)
Taxable person making export • shall have customs declaration of import certified by customs
authority • shall have tax invoices issued by registered taxable suppliers • shall have the customs declaration of export certified by
customs authority and evidence documents of export.
Investment enterprises • shall have customs declaration of import certified by customs
authority • shall have tax invoices issued by registered taxable suppliers
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17-Taxpayer’s Obligation for VAT Registration (LoT, Art. 101)
Taxable persons who make taxable supply shall apply for VAT registration.
For the purpose of VAT registration, taxable persons shall:
• Obtain the application form ,VAT 101, from the Tax Admi- nistration (DLT, 7 Khans and 23 Provincial Tax Branches)
• Complete the form on the advice of VAT officials; and
• File application form, VAT 101, by due date attached with related documents such as licenses from related government agencies, rental contract or building title, pictures of business address.
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18-Obligation of Taxable Persons (Sd. VAT Art. 2-7)
Shall apply for VAT registration
Shall display the certificate of VAT registration at their main business premise
Shall charge VAT to all customers from the effective date of VAT registration
Shall issue tax invoices to VAT registered customers
Shall record daily retail or issue commercial invoices to non- registered customers
VAT registration is required before a taxpayer can import and export for business purposes.
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19-Taxpayers' Obligation for VAT (LoT, Art. 79)
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Maintain all records and accounts related to VAT for a period of 10 years
File a VAT return and pay the tax declared monthly no later than the 20th of the month following the month which is the tax period
Notify the General Department of Taxation (GDT) of any change in business circumstances including transferring a business or applying for cancellation of VAT registration
Allow GDT official access to records, documents and premises.
20-Requirements for Tax Invoice (LoT, Art. 77)
When a supply is made to another registered taxable person, a tax invoice must be issued
The tax invoice issued must be serial numbered
A tax invoice must be titled “Value Added Tax Invoice”
A VAT registered taxable person has the right to require another VAT taxable person to provide a tax invoice in respect of any supply of goods or service.
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Tax invoice shall comprise of:
• The name, address, and VAT registration number of the seller,
• The name, address and registration of the purchaser,
• Date of issue of the invoice,
• Date when goods or services were supplied
• Description, quantity, selling price of each type of goods or services
• Total value to calculate VAT
• The amount of VAT payable.
21-Contents of Tax Invoice (LoT, Art. 77)
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A registered taxable person who fails to provide a tax invoice to another registered taxable person shall be liable to a penalty as stated in the Law on Taxation
A registered taxable person must not issue a tax invoice to a non-registered person, but issue a commercial invoice or other voucher to that non-registered person
A registered taxable person making taxable supplies shall retain a copy of the tax invoices, commercial invoices or other documents issued to his/her customers
Registered taxable person who make taxable supply shall keep recorded tax invoices as well as other document related to the supplies.
22-Procedure for Issuing Tax Invoice (LoT, Art. 77)
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23-Tax Calculation for Supply to Consumer (Sd. VAT Art. 51)
Must issue commercial invoice to consumers;
Total the amount in cash book or daily retail book and multiply by the VAT fraction
Fraction of tax rate (10%) is Rate 10 1 Rate +100 10 +100 11
Assume that the daily gross takings including VAT is 11,000.
Amount of tax payable 11,000 x 1 = 1,000 or 11 Taxable value (tax base) 11,000-1,000 =10,000 or Tax base = 11,000/1.1 = 10,000 x 10% = 1,000
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24-Adjustment of Tax Amount (Sd. VAT Art. 49)
The taxable person who has already issued an invoice or filed monthly tax return shall be able to make adjustment of the tax amount in the events as follows: • the supply is cancelled; or • the characteristic of the supply is changed; or • the benefit of the supply as previously agreed is changed
or replaced with a new agreement with the recipient due to discount and other reasons; or
• the goods or parts of the goods or their wrappers are returned to the supplier or the service provided has yet to be completed.
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24-Adjustment of Tax Amount (Cont.)
Adjustment Procedures: • If the adjusted output tax exceeds the output tax as recorded
by the taxable person, the excess amount shall be regarded as a tax charged by the person in the month in which the event occurred
• If the output tax as recorded by the taxable person exceeds the adjusted output tax, the excess amount shall be considered as tax credit for the month in which the event occurred.
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24-Adjustment of Tax Amount (Cont.)
Adjustment Procedures (cont.): • Where a taxable person has issued a tax invoice and the amount
charged in that tax invoice exceeds the adjusted tax amount, the taxable person making the supply shall
provide the recipient of the supply with a credit note
less than the adjusted tax amount, the taxable person making the supply shall provide the recipient of the supply with a debit note
• Both taxable persons making and receiving supplies who issue or receive debit and credit notes shall account for those transactions in the same way as with tax invoices.