Govt may allow refund of excess tax in major relief for businesses

Infographics: TBS

Highlights

• Govt plans refund system for excess minimum tax paid by companies
• Firms may get refunds if excess tax remains unadjusted after 3 years
• NBR likely to include proposal in upcoming budget
• Refunds to be processed through automated faceless system
• Companies currently pay minimum tax even when incurring losses
• Business groups say effective tax burden reaches nearly 50% in some cases
• NBR aims to strengthen compliance before launching refund mechanism

The government is considering the introduction of a refund mechanism for excess minimum tax paid by companies if the amount cannot be adjusted against future profits within a specified period – a move aimed at improving tax fairness and easing a major concern among domestic and foreign investors.

Officials at the National Board of Revenue told The Business Standard that the proposal, likely to be included in the upcoming national budget, would allow business entities to claim refunds of excess minimum tax after three years if they fail to offset the amount against future taxable income.

A senior NBR official, speaking on condition of anonymity, said, "We have long felt that a non-refundable minimum tax system conflicts with international standards and the principles of tax justice. The upcoming budget will contain a positive development in this regard."

Another official said companies would become eligible for such refunds after a set timeframe, which is currently being considered at three years.

"The refund process will be handled through an automated faceless system. Representatives of companies will not need to visit tax offices. Refunds will be automatically credited to their bank accounts," the official added.

Officials also said the NBR plans to strengthen compliance systems and data integration before implementing the refund mechanism to prevent abuse by non-compliant taxpayers.

Welcoming the move, business leaders and tax experts said the proposed reform could significantly improve Bangladesh's investment climate by reducing capital erosion caused by turnover-based taxation.

Under the existing system, companies are required to pay minimum tax based on turnover or gross receipts, regardless of whether they make a profit or incur losses. Businesses have long argued that the inability to recover excess minimum tax has sharply increased their effective tax burden, despite reductions in statutory corporate tax rates in recent years.

Bangladesh currently has around 3 crore registered business entities, although only about 30,000 submit tax returns, according to NBR officials. Minimum tax rates on company turnover range from 1% to 3.5%, while more than 30 other categories of taxpayers are also subject to minimum tax on gross receipts, with rates reaching as high as 20%.

Last year's budget allowed companies to carry forward excess minimum tax for adjustment against future tax liabilities. However, businesses argued that the provision offered little practical relief for firms facing prolonged losses or persistently low profit margins.

Concerns over effective tax burden

Corporate tax rates in Bangladesh have been reduced by nearly 10 percentage points over the past several years. Non-listed companies currently pay 27.5% corporate tax, while listed firms pay between 22.5% and 25%.

Despite these cuts, business groups have argued that high minimum taxes and the absence of refunds have pushed effective tax rates to nearly 50% in some cases.

Minimum tax was first introduced in Bangladesh in the fiscal 2012-13 to address widespread tax evasion among companies that repeatedly declared losses. NBR officials said about 60% of the income tax currently collected is collected as minimum tax.

Former NBR member for income tax policy Syed Md Aminul Karim said the system was originally introduced because the tax authority lacked the capacity to detect profit concealment effectively.

"Many companies used to show losses year after year to evade taxes. Since it was difficult for the NBR to uncover such evasion, the minimum tax system was introduced. However, compliant companies ended up suffering," he said.

Why businesses oppose minimum tax

Under the current regime, businesses must pay tax based on turnover even if their actual taxable income is lower.

For example, if a company pays Tk1 crore in minimum tax at a 2% turnover tax rate, but its final profit-based tax liability is only Tk70 lakh, the excess Tk30 lakh is not refunded under the existing system. As a result, the company's effective tax burden rises above the statutory corporate tax rate.

The problem becomes more severe for companies incurring losses as they are still required to pay minimum tax despite having no taxable income.

Mobile phone operator Robi Axiata said it has paid around Tk1,000 crore more in minimum tax than its actual tax liability over the years. Although the company has recently returned to stronger profitability, allowing it to offset excess taxes, Banglalink, another mobile phone operator, continues to face losses while remaining subject to minimum tax obligations.

The issue has been repeatedly raised by business organisations, including the Foreign Investors' Chamber of Commerce and Industry and the Metropolitan Chamber of Commerce and Industry.

Shahed Alam, chief corporate and regulatory officer of Robi Axiata, said turnover tax remains a major obstacle to business growth.

He added that the turnover tax imposes tax on gross revenue without considering whether a company is profitable or loss-making, making the system inconsistent with the principles of fair taxation.

Taimur Rahman, chief corporate and regulatory affairs officer of Banglalink, said, "Banglalink has been subject to minimum tax since FY2015 and, up to FY2024, the company has paid approximately Tk938.90 crore under the minimum tax regime. Since these taxes were paid despite the absence of taxable profits, the minimum tax mechanism has had a significant impact on the company's cash flow and investment capacity."

Wide coverage of minimum tax regime

Under the current Income Tax Act, mobile phone operators are subject to a 1.5% minimum tax on annual turnover. Manufacturers of carbonated beverages, sugary products and tobacco products face a 3% rate, while most other companies pay 1%.

Individuals with annual gross receipts exceeding Tk3 crore are also subject to a 1% minimum tax.

Exporters are required to pay 1% tax on export proceeds, while at least 32 withholding tax provisions are also treated as minimum tax, meaning taxpayers cannot reclaim excess deductions even if their final tax liability is lower.

Experts welcome proposed reform

SK Zami Chowdhury, managing partner of chartered accountancy firm Chowdhury Emdad and Company, said the proposed refund mechanism would help establish greater tax fairness.

"However, the authorities must first ensure that loopholes for tax evasion are properly addressed before implementing the refund system," he said.

Syed Md Aminul Karim said taxing businesses without income contradicts the fundamental philosophy of taxation.

"Introducing a refund system would be a positive and necessary step," he added.

Welcoming the reform initiative, Banglalink's Taimur Rahman said, "The proposed refund mechanism for unadjusted minimum tax is a positive and constructive step, which would help reduce long-term financial pressure on businesses operating in challenging market conditions."