Understanding Nepal's Taxation System - Leading Law Firm in Nepal | Law Firm in Kathmandu | Pioneer Law Associates (2024)

1. What main taxes are businesses subject to in your jurisdiction?

The main taxes that businesses are subject to in Nepal are as follows:

Income tax, made up of:

normal corporate tax:at 25%. Certain sectors like hydropower are taxed at concessional rate of 20% and other sectors like banking are taxed at 30% (section 2(4), Schedule 1, Income Tax Act 2002 (ITA)));

dividend:at 5% (section 88 (2) (a), ITA); and

capital gains(for the gain from the disposition of the shares of non-listed company) are subject to withholding tax at 10% for a natural person and at 15% for others (section 95A, ITA).

However, the entire capital gain is subject to tax at the normal corporate rate applicable to the particular entity/person.

Value Added Tax (VAT):at 13% on the goods and service subject to VAT (Value Added Tax Act 1996).

Withhold taxes:certain payments are subject to withholding including payment of royalties (15%) and rent (10%).

Custom duty:applies at the rate as imposed by the Fiscal Act introduced each fiscal year based on the nature of the goods being imported.

Tax returns are filed under a self-assessment system and must be certified by the auditor and submitted along with the audited accounts within the stipulated time.

2. What are the circ*mstances under which a business becomes liable to pay tax in your jurisdiction?

Tax resident

The following companies are considered to be resident in Nepal for tax purposes in any fiscal year:

  • Companies registered in Nepal (in which case the place of management will not be relevant).
  • Companies registered outside Nepal, if their place of effective management is deemed to be in Nepal in such fiscal year.

Resident businesses are taxed on their worldwide income. In addition, a foreign permanent establishment of a non-resident person situated in Nepal is also considered to be a resident of Nepal for tax purposes.

Section 2 (ay) of the ITA read with Sections 2 (ay) and 2 (aab) of the ITA defines ”foreign permanent establishment” as a foreign company, trust, partnership that:

  • Undertakes business fully or partly from any places in Nepal through an agent, other than an independent agent.
  • Installs or uses its main machinery or equipment at any place in Nepal.
  • Provides technical, professional or consultancy services for a period or periods aggregating 90 days during a 12-month period, from one or more places within Nepal.
  • Engages in a construction, installation, establishment or supervision of a project for a period of 90 days or more from any place in Nepal.

A permanent establishment is subject to:

Corporate tax at 25%.

Tax on dividend (any income remitted to the head office) at 5%.

Non-tax resident

Non-resident businesses are taxed on income having source in Nepal.

3. What is the tax position when profits are remitted abroad?

  • Profits remitted to foreign entities are taxed in the following manner:
  • Dividends taxed at the rate of 5%
  • Interest taxed at the rate of 15%.
  • Royalties taxed at the rate of 15%.
  • Repatriation of income by permanent establishment of foreign entities taxed at the rate of 5%.
  • Capital gains on disposal of shares will be subject to normal corporate tax rate (certain amount would be deducted as withholding tax which can be taken credit at the time of making final payment).

The dividend is considered as finally taxed after withholding at the rate of 5%. The payments made to non-residents after deducting the applicable taxes on royalties or interest are considered finally taxed and no additional tax is payable in Nepal.

If Nepal has entered into a Double Tax Avoidance Treaty (DTA) with another country, and a person’s same income is taxable in both countries, the beneficial tax provisions (exemption or lower rate of tax) under the DTA would be applicable (section 73(1) , Income Tax Act).

Section 73(5), Income Tax Act) provides limitation on benefit under the DTA as:

  • The entity claiming the benefit is an entity that is considered a resident (for the purpose of the DTA) of the country with which the DTA has been entered into.
  • 50% or more of the vested ownership of the entity is owned by natural persons or entities (in which no natural person has an interest), which are not residents of Nepal and/or the country with the DTA.

As majority of the DTAs were signed by Nepal prior to introduction of the Income Tax Act, the provisions of Section 73(5) should not apply to those DTAs. Further, even in cases where the DTAs signed after commencement of the Income Tax Act and which do not specifically provide for limitation of benefit provision, operation of limitation of benefit as provided in Section 73(5) needs to be considered from the perspective of Nepal Treaty Act 1990 which provides that provisions of the domestic law which are inconsistence with the treaty provision shall be void to the extent of inconsistency.

Nepal has entered into DTAs with the following ten countries:

  • People Republic of China.
  • India.
  • Mauritius.
  • Sri Lanka.
  • Pakistan.
  • Republic of Korea.
  • Thailand.
  • Austria.
  • Norway.
  • Qatar.
Understanding Nepal's Taxation System - Leading Law Firm in Nepal | Law Firm in Kathmandu | Pioneer Law Associates (2024)

FAQs

Which tax system is followed in Nepal? ›

The tax is mainly dominated by Indirect Tax which contributes 60% of total revenue and the rest is covered by Direct and Non-Taxes. Direct tax comprises of income tax, house, and land registration fees. The Indirect taxes constitute of Custom Duties, VAT, Excise duties.

How does tax work in Nepal? ›

Corporate tax at 25%. Tax on dividend (any income remitted to the head office) at 5%. Non-resident businesses are taxed on income having source in Nepal.

How much tax do I have to pay in Nepal? ›

a. Income earned by natural person engaged on special industry under Section 11 for whole year No change Tax @ 20% on taxable income for which tax rate of 30% is applicable. b. Income earned from export by natural person No change Tax @ 15% on taxable income for which tax rates of 20% and 30% applicable.

What are the problems of taxation in Nepal? ›

The major problems of taxation in Nepal include: (1) marginally high tar rates (2) limited tar base (3) low lax elasticity (4) poor voluntary compliance (4) leakages in tax collection (5) rigid Income Tax Art, 20(K) (6) inefficient, indifferent and corrupt tax administration, and (7) no consolidated record of property ...

What are the 3 types of tax systems? ›

progressive tax—A tax that takes a larger percentage of income from high-income groups than from low-income groups. proportional tax—A tax that takes the same percentage of income from all income groups. regressive tax—A tax that takes a larger percentage of income from low-income groups than from high-income groups.

Who is the highest tax payer in Nepal? ›

Surya Nepal which manufactures cigarettes, matchsticks, incense and chocolates has been recognised as the highest taxpayer by the Inland Revenue Department. Vijay Kumar Shah, chair of Jawalakhel Group of Industries, a liquor manufacturer, has been named similarly on the individual side.

How can I avoid tax in Nepal? ›

6 ways to save yourself from hefty income taxes in Nepal, legally
  1. Join government schemes. ...
  2. Buy insurance packages. ...
  3. Claim exemptions for medicinal expenses. ...
  4. Work in remote areas. ...
  5. Rebate for diplomatic missions. ...
  6. If you are a single woman.
Jun 16, 2022

How does the tax system work? ›

The IRS has tax brackets tied to income. The more you make, the higher your tax bracket and the greater the percentage of your income that's taxed. Folks with very low incomes or no income don't pay federal income taxes at all. You don't take your tax bracket and apply that percentage to your entire income, though.

How is tax cleared in Nepal? ›

Process of Obtaining Online Tax Clearance Certificate

Now for new users without a user name you have to visit the IRD Office to get it. Now enter the Username password and Number and log in. After logging in, click on 'Tax Clearance' Out of all the options. After you click on 'Tax Clearance' a new screen will pop up.

Is pension taxable in Nepal? ›

However, tax payer registered as sole proprietorship or on pension income or person contributing to contribution based pension fund shall not attract social security tax i.e. 1%.
...
1.2 For Non-Residents.
Nature of TransactionTax Rates
Income earned from normal transactions25% flat rate
3 more rows

Is tax high in Nepal? ›

Sales Tax Rate in Nepal averaged 13.44 percent from 2014 until 2022, reaching an all time high of 15 percent in 2021 and a record low of 13 percent in 2015. This page provides - Nepal Sales Tax Rate | VAT - actual values, historical data, forecast, chart, statistics, economic calendar and news.

What happens if we don t pay tax to the country in Nepal? ›

According to the Income Tax Act of Nepal, tax evasion is punishable by charging a penalty equal to the difference between the accrued amount and the actual amount.

What are the most common tax problems? ›

4 of the Most Common IRS Tax Problems
  • Failure to file a return at all. Every American is supposed to send in a tax return, whether you owe the government money or whether the government owes you. ...
  • Failure to pay taxes. ...
  • Notification of tax levy. ...
  • Notification of tax lien.
Sep 21, 2021

What are the major problems of business in Nepal? ›

Difficulties in Starting a Business in Nepal
  • Difficult to prepare Memorandum and Articles of Association. ...
  • Redundancy in Application Procedure. ...
  • High incorporation fees. ...
  • Excessive bureaucracy. ...
  • Centralized Regulation. ...
  • Cumbersome post registration compliances. ...
  • Lack of skilled human resource.
Dec 23, 2018

Which tax system is best? ›

In the United States, the historical favorite is the progressive tax. Progressive tax systems have tiered tax rates that charge higher income individuals higher percentages of their income and offer the lowest rates to those with the lowest incomes.

What are the 7 principles of taxation? ›

Principles of a good tax system

They are the principles of convenience, simplicity, economy, equity, certainty, flexibility and stability.

What tax system does the US use? ›

The overall system of taxation in the United States is progressive. By a progressive tax system, we mean that the percentage of income an individual (or household) pays in taxes tends to increase with increasing income. Not only do those with higher incomes pay more in total taxes, they pay a higher rate of taxes.

Who is the highest tax payer in USA? ›

Name▼Avg. Effective Federal Income Tax Rate▼
1Bill Gates Co-founder of Microsoft18.4%
2Michael Bloomberg Co-founder of Bloomberg4.1%
3Jan Koum Co-founder of WhatsApp19.6%
4Ken Griffin Founder of Citadel29.2%
43 more rows
Apr 13, 2022

Who is a 40% tax payer? ›

The 40% tax bracket is also known as the Higher Rate tax band and, if your income is within the boundaries of that tax band, you are liable to pay 40% tax on any earnings that are over the threshold. In the 2022/2023 tax year the higher rate 40% tax threshold starts at £50271 and stops at £150,000.

Which country is the highest tax payer in the world? ›

Sweden has a developed post-industrial society with an advanced welfare state and the highest income tax rate in the world, with as much as 52.9% deducted from annual income.

How do you legally avoid paying tax? ›

You can legally avoid paying taxes on some or all of your income by:
  1. Taking advantage of a self-employment tax deduction scheme.
  2. Deducting business expenses from your gross income on your tax return.
  3. Contributing to a retirement plan and a Health Savings Account (HSA).
  4. Donating to charity.
  5. Claiming child tax credits.

How can you legally evade income tax? ›

This is fair, too, as no one would like to miss out on such income tax saving options that can save their money paid as tax. There are numerous lawful ways to save tax under the Income Tax Act of 1961, entailing some tax-saving mutual funds, NPS, insurance premiums, medical insurance, home loan, and many others.

What is the best way to avoid paying taxes? ›

Interest income from municipal bonds is generally not subject to federal tax.
  1. Invest in Municipal Bonds. ...
  2. Shoot for Long-Term Capital Gains. ...
  3. Start a Business. ...
  4. Max Out Retirement Accounts and Employee Benefits. ...
  5. Use a Health Savings Account (HSA) ...
  6. Claim Tax Credits.

What are the 4 types of tax? ›

Types of taxes include income, corporate, capital gains, property, inheritance, and sales.

What is the simplest tax system? ›

You might be tempted to say, “a non-existent tax” is the simplest, though that would not accurately answer the question. Instead, a per-person or lump-sum tax is arguably the right answer.

Who controls the tax system? ›

Congress has delegated to the IRS the responsibility of administering the tax laws known as the Internal Revenue Code (the Code) and found in Title 26 of the United States Code. Congress enacts these tax laws, and the IRS enforces them.

What is IRS in Nepal? ›

Inland Revenue Department (Nepal)
Agency overview
Formed1960 (Department of Taxation)
Preceding agencyDepartment of Taxation
JurisdictionNepal
HeadquartersLazimpat, Kathmandu, Nepal
5 more rows

What documents do I need for a tax clearance? ›

The following documents is required when applying for a Tax Clearance Certificate for your company an income tax reference number for the company, the director or also known as the public officer of the company must have a certified copy of his/her ID or a valid passport if the applicant is a foreign, a signed SARS ...

What is the retirement age in Nepal? ›

Nepal, with an official retirement age of 58 years for civil servants, falls in the second category.

How much of your pension income is taxable? ›

Unless you choose no withholding, a lump-sum benefit that is not an eligible rollover distribution, the taxation is 10% of the distribution.

Is income taxed after pension? ›

After you've retired, you still have to pay Income Tax on any income over your Personal Allowance (find out more below). This applies to all your pension income, including the State Pension.

What items are VAT free in Nepal? ›

The purchaser will NOT pay VAT on tax-exempt goods and services and the supplier is not allowed input tax credits on purchases related to the following goods and services: (a)Goods and services of basic needs which include rice, pulses flour, fresh fish, meat, eggs, fruits, flowers, edible oil, piped water, wood fuel.

How much VAT is included in Nepal? ›

Value Added Tax (VAT) is a major source of indirect taxes. As per the statistics of Government of Nepal, VAT covers almost 50% of Tax Revenue and Income Tax covers almost one-third of Tax Revenue.
...
HardwareAutomobilesLegal Consultancy*
ParkingIce cream IndustryTailoring with shirting and suiting materials
6 more rows

What is the difference between VAT and TDS? ›

Yes, they can be levied simultaneously as VAT is levied on the sale of goods whereas TDS is levied on the income of an assessee prior to the assessment.

Can we withdraw TDS amount? ›

However, before the salary is credited to your account, Tax Deducted at Source (TDS) is deducted by the employer. Therefore, you can claim a TDS refund when filing your income tax returns (ITR) for the financial year.

What is TDS withdrawal limit? ›

The limit of Rs 1 crore in a financial year is with respect to per bank or post office account and not per the taxpayer's account. For example, if a person has three bank accounts with three different banks, he can withdraw cash of Rs 1 crore * 3 banks, i.e. Rs 3 crore without any TDS.

Can NRN own property in Nepal? ›

Under the NRN Act 2064, “NRNs are entitled to buy, own, and sell properties in Nepal and also take their property abroad,” but a ceiling is imposed on the amount of land they can buy in various parts of the country.

How can two countries avoid paying taxes? ›

Expats who pass the Bona Fide Residence Test or Physical Presence Test can use the Foreign Earned Income Exclusion (FEIE) to exclude up to roughly $100,000 of foreign earned income from their US tax obligations—regardless of what country they live in.

Can you leave the country if you owe taxes? ›

The I.R.S. tax liens cover all your property, even acquired after the lien is filed. You would still be able to travel if you have an I.R.S. acceptable payment plan and you are making your payments, or if the State Department issues a passport in an emergency, or for humanitarian reasons.

What type of tax hurts the poor the most? ›

Payroll tax rates are highest for the poor and lowest for the rich. Bar graph showing that Americans making less than $100,000 pay 9 percent to 14.1 percent of their incomes in federal payroll taxes, while those making $1 million or more pay just 1.9 percent.

What are the 3 most common taxes? ›

Individual and Consumption Taxes
  • Individual Income Taxes.
  • Excise Taxes.
  • Estate & Gift Taxes.

What are the biggest tax mistakes people make? ›

  1. Losing Out on Deductions. “The biggest mistake people make with taxes is poor bookkeeping,” said Doug Lynam, director of educator retirement services at LongView Asset Management. ...
  2. Missing the Filing Deadline. ...
  3. Stressing Out About Filing. ...
  4. Waiting Until the Last Minute To File. ...
  5. Filing Too Early. ...
  6. Not Filing Your Taxes at All.
Feb 15, 2023

Why doing business in Nepal is difficult? ›

Nepal is a landlocked state, which makes market access a challenge. Surface transport into and out of Nepal can be difficult. The shortest reliable road route from India to the Kathmandu Valley is 84 miles in length and takes a minimum of five hours to traverse.

What are 3 major problems in Nepal? ›

Nepal is one of the world's impoverished countries. There are several issues and evils in the country. Nepalese people are dealing with a slew of societal issues, including corruption, inflation, high taxes, the country's deteriorating economic situation, and limited access to health care.

What is the most successful business in Nepal? ›

Nepal economy revolves around the agriculture industry and the services industry. As a matter of fact, the agriculture sector employs about 70 percent of the country's workforce. Nepal is notable for the cultivation of rice, sugarcane, tea, tobacco, jute, corn, wheat, and grains.

What is tax and VAT system in Nepal? ›

VAT (Value Added Tax) is an indirect tax on the creation of value. Its administration is in the hands of the Nepalese Inland Revenue Department (IRD). VAT is typically levied at a rate of 13% in Nepal, though certain goods and services are VAT-free.

Which accounting system is used in Nepal? ›

Four types of the accounting system are used in Nepal. They are Wasil Banki Sresta Pranali, Syaha Sresta Pranali, Form Sresta Pranali and Bhuktani Sresta Pranali.

What is the difference between PAN and VAT in Nepal? ›

PAN is necessary to keep a thorough check on financial transactions which can carry a taxable component. Whereas, VAT registration is a sort of mandatory for businesses that are selling goods, services, or products like manufacturers, exporters, shopkeepers, dealers, eCommerce sellers selling goods, etc.

Is there GST in Nepal? ›

Export of goods to Nepal or Bhutan fulfils the condition of GST Law regarding taking goods out of India. Hence, export of goods to Nepal and Bhutan will be treated as zero rated and consequently will also qualify for all the benefits available to zero rated supplies under the GST regime.

Who should pay VAT in Nepal? ›

Every person registered in Value Added Tax must submit VAT return. Usually VAT return is filed every month, within 25 days of end of every Nepali Calendar month. Tourism service provider or hotelier may submit VAT return every two months, if they applied for a bi-monthly tax period.

Which is better GST or VAT? ›

Cost Reduction. The introduction of GST law will ultimately result in cost reduction of goods as there will be a single tax levied which is goods and service tax. While under VAT law a trader cannot utilize the credit of other indirect taxes like service tax credit etc.

What is Nepal financial reporting system? ›

Nepal Financial Reporting Standards ('NFRS') are designed as a common global language for business affairs so that company accounts are understandable and comparable within Nepal.

How is the financial system of Nepal? ›

The Nepalese financial system comprises of commercial banks, development banks, finance companies, co-operative societies, non-government organization, insurance companies, Nepal stock exchange, citizen investment trust, employees provident fund and postal saving service.

What are the 4 types of accounting system? ›

Discovering the 4 Types of Accounting
  • Corporate Accounting. ...
  • Public Accounting. ...
  • Government Accounting. ...
  • Forensic Accounting. ...
  • Learn More at Ohio University.

What is better VAT or non VAT? ›

Another important difference of VAT and NON-VAT is deductible tax from purchases/payments. If VAT Registered, the amount of VAT paid on purchases can be used as deduction from the VAT Payable. On the other, if the company is NON-VAT Registered, no deduction is allowed in computing the Percentage Tax Payable.

Is PAN mandatory in Nepal? ›

The Nepali government has mandated that all salaried employees of both private and public companies apply for and obtain a PAN (permanent account number).

Is VAT refundable in Nepal? ›

VAT Refund only applies to goods taken out of Nepal within 60 days from the date of purchase.

What is the full form of GST in Nepal? ›

GST full form is Goods and Services Tax. It has been introduced to replace multiple indirect taxes levied by the State and Central Government in India. This has simplified the indirect taxation system.

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