Admas University: Learning Guide
Admas University: Learning Guide
Admas University: Learning Guide
ADMAS UNIVERSITY
Learning Guide
Unit of CompetenceProcess Business Tax Requirements
Module TitleProcessing Business Tax Requirements
LG Code: EIS ABS4 06 0812
TTLM Code: EIS ABS4 M06 0812
INTRODUCTION
Welcome to the module “Process Business Tax Requirements”.
This learner’s guide was prepared to help you achieve the required competence in
“Accounts and Budget Support Level IV”. This will be the source of information
for you to acquire knowledge attitude and skills in this particular occupation with
minimum supervision or help from your trainer.
Income tax shall be imposed on the taxable business income realized from
entrepreneurial activity. Business means manufacture or purchase and sale of a
commodity with a view to make profit. If includes any trade, commerce or
manufacture or any other adventure or concern in the nature of entrepreneurial
activity. It is not necessary that these should be a series of transactions in a
business and it should be carried on permanently, nether repetition nor continuity
of similar transactions is necessary. Profit of an isolated transaction is also taxable
under this schedule, provided that it is a venture in the nature of business or trade.
In this connection, it is important that the intention of purchase or manufacture
should be sell of a profit.
Taxable business income shall be determined per tax period on the basis of the
profit and loss account or income statement. Which shall be drawn in compliance
with the generally accounting standards, subject to the provisions of this
proclamation and the directives issued by the tax authority
DEDUCTIBLE EXPENSES
In the determination of business income subject to tax in Ethiopia, deductions shall
be allowed for expenses incurred for the purpose of earning, securing and
maintaining that business income to the extent that the expenses can be proven by
the tax payer and subject to the limitations specified by this proclamation.
The following expenses shall be deductible from gross income in calculating
taxable income.
TTLM Development Manual Date: September,2017
Compiled by: Business & Finance Department
Training, Teaching and Learning Materials (TTLM)
The direct cost of producing that income, such as the direct cost of
manufacturing, importation, selling and such other similar costs.
General and administrative expenses connected with the business activity
Premiums payable on insurance directly connected with the business activity
Expenses incurred in connection with the promotion of the business inside
and outside the country, subject to the limits set by the directive issued by
the minister of revenue.
Commissions paid for services rendered to the business provided that
a. Said services were in fact rendered
b. the amount paid corresponds to normal rates paid for similar services by
other persons or bodies similarly situated.
Sums paid as salary, wages or other emoluments to the children of the
proprietor or member of the partnership shall only be allowed as deduction if
such employees have the qualifications required by the post.
In the case of a business located and operating in Ethiopia as the branch,
subsidiary or associated company of a business located and operating
abroad, no payment of any kind made to the having or associated company
of the business in Ethiopia shall be accepted as deduction unless:-
a. the payment in question was made for service actually rendered and
b. Said service was necessary for the business and could not be performed by
the persons or bodies or by the business itself at a lower cost.
If the income tax authority has reason to consider that the total amount
of salaries and other personal emoluments payable to the manager of a
private limited company is exaggerated it may reduce paid amount for
taxation purpose of the limit which, in view of operation of the
company appears justifiable, either by disallowing
The payments made to more than one manger of in any other way
which may be just and appropriate.
In computing taxable income, the above listed expensed could be
deducted from gross income. If some conditions are met, the
proclamation also allows such expenses as depreciation, bad debts,
interest expense and donation and gifts which is covered separately in
this section as deductible expenses.
NON-ALLOWABLE EXPENSES
All those expenses which are not wholly or exclusively incurred for the business
activity are not allowable deductions from gross income. Therefore, in computing
taxable income the following expenses should be added back, only if the taxpayer
has deducted them in determining the business income
i. Capital expenditure:- the cost of acquisition, improvement, rental and
reconstruction of depreciable assets.
ii. Additional investment:- an increase of the share capital of a company or
the basic capital of a registered partnership
iii. Declared dividends and paid out project shares
iv. Voluntary pension or provident fund contributions over and above 15%
of the monthly salary of the employee.
v. Damages covered by insurance policy
vi. Interest in excess of the rate used between the national Bank of Ethiopia
and the commercial banks increased by two (2) % points
vii. Punitive damages and penalties
viii. The creation or increase of reserve, provisions and other special purpose
funds unless otherwise allowed by the proclamation.
ix. Income tax paid on schedule “C” income and recoverable value added tax
(VAT)
x. Representation expenses over and above 10% of the salary of the
employee
xi. Personal consumption expenses
xii. Expenditures exceeding the limits set forth by the proclamation or
regulations
xiii. Entertainment expenses “Entertainment” means the provision of food,
beverages, tobacco, accommodation, amusement, recreation or
hospitality of any kind to any person whether directly or indirectly.
xiv. Donation and gift other than those permitted by regulation.
xv. Sum paid as salary, wages or other personal emoluments to the proprietor
or partner of the enterprise. Expenditure for maintenance or other private
purpose of the proprietor or partner of the enterprise.
xvi. Losses that are not connected with or not arising out of the activity of
enterprise.
LOSS CARRY FORWARD
A business is said to have made loss when the total expenses incurred by the
business during a fiscal year are greater than the total income generated in by the
business the same year. Loss carry for ward is a procedure when by a loss incurred
in one tax period is carried forward to the next tax period to be deducted from the
available profit. If any loss carry forward is one of the several changes introduced
by new tax law. The importance of the loss carry forward provision to a company
is that it preserves valuable cash which otherwise would have to be paid out in
Taxes. Such funds are retained in the business and can be used for working capital
and/or expansion of the business. A business, which has alternative profit and loss
years of about the same dimension, would pay no tax at all.
Example:- Computation of business profit tax
Business net profit per year / Taxable income = 70,500.00 Birr
Business profit tax = 70,500 * 35% tax rate
= 24,675.00 Birr
= 24,675 – 7950 (deduction fee)
Tax payment = 16,725.00 Birr
Declaration
Schedule A Income
1 An employee whose taxable income for a tax year consists exclusively of
Schedule A income, no declaration of income is required.
2 The amount of tax withheld on an employee's Schedule A income, paid to the
Tax Authority and accompanied by the employer's statement shall be
the amount assessed by the Tax Authority effective on the date the tax
is paid, and subject to later amendment if the Tax Authority determines
that an error or omission has been made.
3 The tax-withholding certificate issued by an employer to an employee shall be
proof that tax in the amount stated was withheld on the employee's
Schedule A income of the amount stated.
Declaration of Schedule B and C Income
2.1 Category A taxpayers shall submit the tax declaration to the Tax Authority
within 4 months from the end of the taxpayers tax year. For example,
the tax year for Wegagen Bank corresponds to its accounting period
which runs from 1st July to 30th June. Therefore, it has to file its tax
return by 30th of October.
2 Category A taxpayers shall submit to the Tax Authority a balance sheet and a
Profit and Loss Account and provide details of the following on Tax
declaration for m:
i. Gross Profit;
ii. General and Administrative Expenses;
iii. Depreciation;
iv. Provision and Reserves
3 Category B Tax payers shall submit a profit and loss account within two
months of the end of the tax year. The law does not require Category B
taxpayers to submit a balance sheet.
4 The amount of tax due for the year, as stated in the declaration, shall be the
amount assessed by the tax Authority although the Tax Authority may
determine that an error or omission has been made and therefore may
issue an amended assessment.
2 Aggregation
A taxpayer who derives income from different sources subject to the
same schedule shall be assessed on the aggregate of such income.
3 Assessment Notification
Every assessment notification shall contain the following elements:
Appeal Procedures
Appeal to a Review Committee
A Review committee which shall be appointed by the Minister of Revenue
shall have the following duties:
i. To examine and decide on all applications submitted by taxpayers for
compromise of penalty, interest, and waiver of tax liability;
ii. To gather any written evidence or information relevant to the matter
submitted;
iii. To summon any person, who directly or indirectly has dealt wih the
assessment, to appear before it for questioning him about the case
under investigation; and
iv. To review determination made by the Tax Authority for accuracy,
completeness, and compliance with this proclamation
The committee shall only review applications submitted to it within 10
days of receipt of tax assessment of notification
v. The review committee may waive administrative penalties in
accordance with directives issued by the Ministry of Revenue.
vi. The head of the Tax Authority may approve the recommendations or
remand the case, with his observations, to the committee for further
review.
iv. An appeal to the next court of appeal from the decision of the lower
court of appeal may be made by either part, within 30 days of the
decision of the lower court of appeal.
Administrative Penalties
For Violation of the Proclamation
1. Where any person engages in taxable transactions without VAT
Registration where VAT registration is required, the penalty will be
100% of the amount of tax payable for the entire period of
operation without VAT registration.
2. Where a person issued incorrect tax invoice resulting in a decease
in the amount of tax, the penalty will be 100% of the amount of the
tax.
3. Where a person fails to maintain records, he would be charged Birr
2,000 per month for each of the period he did not keep the records.
not less than Birr 10,000 and not more than Birr 20,000 and
imprisonment of not less than 1 year and not more than 3 year.
ii. If the underpayment of tax is an amount exceeding 1,000 Birr to a fine of
not less than 20, 000 Birr and not more than 100,000 Birr and
imprisonment for a term of not less than three years and not more than
5 years.
iii. where the statement or omission is made knowingly or recklessly: If the
inaccuracy of the statement were undetected 1,000 Birr, to a fine of not
less than Birr 50,000 and not more than 100,000 Birr, and
imprisonment for a term of not less than 5 years and not more than 10
years. And if the underpayment of tax is an amount exceeding 1,000 Birr
to a fine of not less than 25,000 Birr and not more than 200,000 Birr
and imprisonment for a term of not less than 10 years and not more
than 15 years.