The Finance Act 2020 of 30th June 2020 introduced Minimum tax (MT), chargeable at the rate of one percent of the gross turnover. MT is supplied under section 12D of the Earnings Tax Obligation Act (CAP 470).
Why minimum tax obligation? A variety of people might ask yourself. There are some businesses that continuously state losses in their returns and not paying taxes yet have been operational throughout the years. Conventionally, tax imposed on business earnings is based upon the revenue made. However, when a business makes losses in a financial year, no tax obligations are payable and also the loss is carried forward to the next period. To resolve this inequity in tax settlement, minimal tax obligation was introduced to ensure that all individuals pay a fair share of tax obligation.
Some issues have been raised on minimum tax being double taxes for those paying instalment tax obligation. Contrary to those claims, paying this tax will certainly not total up to double tax given that it is an option to instalment tax obligation. Where instalment tax obligation payable by a person is greater than minimum tax obligation, after that the person shall pay instalment tax; however, where the minimal tax obligation is greater than instalment tax, then the minimal tax shall be payable.
Minimum tax shall be paid in instalments and also will be due on the 20th day of each period upright the 4th,6 th,9 th and 12th month of the year of income. For example, if the year of income ends December, after that instalments will be due on 20th of April, 20th of June,20 th of September and 20th of December.
By the end of bookkeeping duration, if it is established that the tax payable is higher than the instalment as well as minimum tax obligation paid, after that the superior quantity is paid as equilibrium of tax obligation on or before the last day of the fourth month following completion of the accountancy period. However, if the tax obligation is less than minimal tax obligation or the business is in a loss setting, then minimal tax obligation paid shall be final.
The intro of minimum tax is not all doom and also gloom considering that some incomes will be exempt from minimum tax. These include; Revenue spared under the 1st Arrange of the Income Act, work revenue, domestic rental earnings, any revenue subject to capital gains tax, earnings based on turn over tax obligation, as well as income of extractives industry.
The intro of Minimum tax obligation is a method of broadening the tax base, given that it will trap more individuals who were previously not paying tax obligation. It is likewise means of cultivating equity and fairness in the tax obligation system considering that the tax obligation burden will not be brought by only those who have been compliant throughout the years but everybody will pay a reasonable share of tax obligation.