Print View

[Section Index]

The Income-tax Ordinance, 1984

( Ordinance NO. XXXVI OF 1984 )

Chapter VII

PAYMENT OF TAX BEFORE ASSESSMENT

Deduction from income of non-residents

56. 1[(1) Subject to the provisions of sub-section (2), the specified person or any other person responsible for making payment to a non-resident of any amount which constitutes the income of such non-resident chargeable to tax under this Ordinance shall, unless such person is himself liable to pay tax thereon as agent, at the time of making such payment, deduct tax on the amount so payable at the rate, specified below:

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

SL. No

 
 

 

Description of services or payments

 
 

 

Rate of deduction of tax

 
 

 

1

 
 

Advisory or consultancy service

 
 

20%

 
 

2

 
 

Pre-shipment inspection service

 
 

20%

 
 

3

 
 

Professional service, technical services, technical know-how or technical assistance

 
 

20%

 
 

4

 
 

Architecture, interior design or landscape design, fashion design or process design

 
 
 

20%

 
 

5

 
 

Certification rating etc.

 
 

20%

 
 

6

 
 

Charge or rent for satellite, airtime or frequency, rent for channel broadcast

 
 

20%

 
 

7

 
 

Legal service

 
 

20%

 
 

8

 
 

Management service including event management

 

20%

 
10%
 
 

9

 
 

Commission

 
 

20%

 
 

10

 
 

Royalty, license fee or payments related to intangibles

 
 

20%

 
 

11

 
 

Interest

 
 

20%

 
 

12

 
 

Advertisement broadcasting

 
 

20%

 
 

13

 
 

Advertisement making 2[or Digital marketing]

 
 

15%

 
 

14

 
 

Air transport or water transport 3[ not being the carrying services mentioned in sections 102 or 103A]

 
 

7.5%

 
 

15

 
 

Contractor or sub-contractor of manufacturing, process or conversion, civil work, construction, engineering or works of similar nature.

 
 

7.5%

 
 

16

 
 

Supplier

 
 

7.5%

 
 

17

 
 

Capital gain

 
 

15%

 
 

18

 
 

Insurance premium

 
 

10%

 
 

19

 
 

Rental of machinery, equipment etc.

 
 

15%

 
 

20

 
 

4[Dividend—

(a) company, fund and trust

 

(b) any other person not being a company, fund and trust

 
 
 

20%

 
20%
 
 

21

 
 

Artist, singer or player

 
 

30%

 
 

22

 
 

Salary or remuneration

 
 

30%

 
 

23

 
 

23 Exploration or drilling in petroleum operations

 
 

5.25%

 
 

5[24

 
 

Survey for coal, oil or gas exploration

 
 

5.25%

 
 
24A Fees, etc. of surveyors of general insurance company 20%

25

 
 

Any service for making connectivity

 
between oil or gas field and its export point
 
 

5.25%

 
 

26

 
 

Any payments against any services not mentioned above

 
 

20%

 
 

6[27

 
 

Bandwith payment

 
 

10%

28 Any other payments 20%]
 
 
 
 
 
 
 
 

 

 

 

7[Provided that when any capital gain arises from the transfer of any share of a company, the person or the authority, as the case may be, responsible for effecting the transfer of shares shall not give any effect in respect of such transfer if tax on such capital gain has not been paid. ]

8[(2) Where, in respect of any payment under this section, the Board, on an application made in this behalf, is satisfied that due to tax treaty or any other reason the non-resident is not be liable to pay any tax in Bangladesh, or is liable to pay tax at a reduced rate in Bangladesh, the Board may issue a certificate 9[within thirty days from the date of receipt of such application accompanied by all the documents as required by the Board] to the effect that the payment referred to in sub-section (1) shall be made without any deduction or, in applicable cases, with a deduction at the reduced rate as mentioned in the certificate.

 
 

(2A) Tax deducted under this section shall be deemed to be the minimum tax liability of the payee in respect of the income for which the deduction is made, and shall not be subject of refund or set off or an adjustment against a demand.]

 

10[(3) For the purpose of this section—

(i) “specified person” shall have the same meaning as in clause (a) of sub-section (2) of section 52 of this Ordinance; and

(ii) “payment” includes a transfer, a credit, an adjustment of payment or an order or instruction of making payment. ]


  • 1
    Section 56 was substituted by section 39 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).
  • 2
    The words “or Digital marketing” were added after the words “Advertisement making” by section 19 of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).
  • 3
    The words “not being the carrying services mentioned in sections 102 or 103A” were added after the words “Air transport or water transport” by section 21(a) of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).
  • 4
    SL Nos. 20 and the entries mentioned opposite were substituted by section 39 (a) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।
  • 5
    SL. No 24 and 24A were substituted by section 34(a)(i) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).
  • 6
    SL. No. 27 was substituted by section 32 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).
  • 7
    Proviso was inserted by section 34(a)(ii) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).
  • 8
    Sub-sections (2) and (2A) were substituted for sub-section (2) by section 21(b) of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).
  • 9
    The words “within thirty days from the date of receipt of such application accompanied by all the documents as required by the Board” were inserted after the words “may issue a certificate”by section 34(b) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).
  • 10
    Sub-section (3) was substituted by section 39 (b) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।
Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs