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income (Chapter II).

Corporate rates apply to


legal entities such as corporations, limited
liability companies, and other legal entities.
The annual tax return is due and payable by
Guide 04 rd
the end of Jawza (3 month) of the next fiscal
Tax Overview for year.
usinesses, Investors Personal (natural persons):
&Individu Resident natural persons are taxed on income
from all sources worldwide, including but not
als limited to wages, salaries, rents, certain types
of partnership income, royalties, etc. Non-
residents are taxed on all income with its
source in Afghanistan. The annual tax rates
are as follows (Article 4):

Income Income not Tax


more more than
than
0 150,000Afs 0%
Introduction 150,000 1,200,000 10% of amount
Afs over 150,000Afs
The Ministry of Finance would like to help 1,200,000 105,000 + 20% of
make the effort of running a business in the amount over
Afghanistan easier by providing information 1,200,000 Afs
necessary to comply with the tax laws. This
guide is designed to provide an overview of Two aspects of personal income tax may
various business taxes in order for the impact on business owners. They are wage
taxpayer to make informed decisions. Also, withholding and personal income tax for sole
this guide is not an exhaustive publication of proprietors.
taxes in Afghanistan, but will point out major
taxes that most businesses may encounter
Wage Withholding Tax (Article 58)
that are contained in the Income Tax Law
2005. It is not meant to go into the precise
technical and legal detail that is often Employers with two or more employees are
associated with taxation. It should, therefore, required to withhold tax from their employees'
not be used as a legal reference. salaries and wages based on the above rates.
There is a monthly exemption of 12,500 Afs
per person. Salaries and wages include:
IMPORTANT NOTES regular pay, overtime pay, cash allowances
(e.g. food, transportation) and non-cash
1.There are no fees or charges payable to the payments. These rates are pro-rated based on
Ministry of Finance or its Revenue the frequency of payment (monthly, weekly,
Department for any Tax Guides or Forms or etc.).
at any stage of the tax assessment collection
or enforcement processes. Wage/salary earners with only one employer
and no other sources of income are not
2. The Income Tax Law provides for a penalty required to file an annual tax declaration. A
where a taxpayer fails to submit a tax return. wage earner who has more than one employer
This applies even if no tax is due for the or additional sources of income must file an
period covered by the return. To avoid being annual income tax declaration.
penalised taxpayers therefore should submit
returns even if no tax is due and state on the The employer is required to remit to the State
return that none is due. the amount withheld no later than 10 days
Income Tax (Article 60) after the end of the month in which
the amounts were withheld. The remittance is
Corporate (legal persons): made directly to a branch of Da Afghanistan
Corporate income tax is a flat tax of 20% Bank using the appropriate form.
(Article 4) of net taxable income. Net taxable
income is computed by deducting all ordinary There are annual reporting requirements for
and necessary business expenses from gross

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employers both to the employee and to the no later than the 15th day following the end of
Ministry of Finance (Article 61) the solar month in which the rent payment is
due.
For more information regarding the wage
withholding tax, please refer to Guide 05, For more information regarding the rental
Wage Withholding Tax (available online at withholding tax, please refer to Guide 01,
www.mof.gov.af/tax), or visit the Taxpayer Withholding Tax on Rental Services. This
Assistance Team at the Ministry of Finance in guide is available online at
Kabul. www.mof.gov.af/tax, or visit the Taxpayer
Assistance Team at the Ministry of Finance in
Sole Proprietors Kabul.

Self-employed individuals must file a tax Business Receipts Tax (BRT) (Chapter
declaration, and are allowed to deduct all 10)
ordinary and necessary business expenses to
compute net taxable income. Tax at the 10% A 2% business receipts tax is imposed on
and 20% rates is then computed on net gross receipts of all types of income of
taxable income above 150,000 and 1,200,000 corporations and limited liability companies,
Afghanis per year, respectively. This is the except for rents, royalties, commissions, fees,
same 12,500Afs monthly tax-free threshold interest, dividends, and similar income, which
given to wage earners. is taxed at 5%.

The annual tax return for a sole proprietor is There is a 10% BRT on gross receipts for
rd
due and payable by the end of Jawza (3 businesses with over 100,000 Afghanis
month) of the next fiscal year. income per month is imposed on service
providers in the following sectors:
Withholding Tax on Rental Services
(Article 59) • International passenger airline
services
This is a pre-payment of landlords' income tax. • Telecommunications services,
Legal entity tenants and natural person including Internet services
tenants conducting business at the rented • Hotel services
property, and paying more than 15,000 • Restaurant services
Afghanis per month in rent are required to
withhold the tax (and are liable for the tax) at This 10% tax is imposed on both legal persons
the time the rent is paid. The tax withheld is and natural persons operating in the above-
20% of the rent payment. mentioned service sectors and is in lieu of the
existing 2% business receipts tax that is
The landlord is responsible for reporting rental imposed only on legal persons as described
income on his annual income tax declaration above.
and paying tax annually at appropriate rates The business receipts tax paid is deductible
depending on entity type (legal person or from gross income in arriving at taxable
natural person). Ordinary and necessary income for income tax purposes (Article 67)
expenses of maintaining a rental property are
allowable as deductions against rental income. Tax forms and payments are due on a
Tax withheld and paid by the tenant is allowed quarterly basis using the solar calendar. Tax
as a credit when the annual tax declaration is payments are made at Da Afghanistan Bank
filed. no later than the 15th day following the end of
the solar quarter in which the sales were made
Landlords are responsible for providing their (Article 93).
tenants with accurate copies of their rental or
lease agreements as well as their Taxpayer For more information regarding the business
Identification Number (TIN) receipts tax please refer to Guide 03 -
Business Receipts Tax on Services, Guide 9
Taxes are generally due on a monthly basis. – 2% and 5% Business Receipts Tax and
However, if the rental agreement specifies a Guide 12 - Airlines(available online at
different rental payment schedule (e.g. bi- www.mof.gov.af/tax) or visit the Taxpayer
monthly, quarterly etc.) the tax withholding and Public Awareness Office at the Ministry of
payment should follow the rental schedule. Finance in Kabul.
The payment is made at Da Afghanistan Bank

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Fixed Taxes on Small Businesses investment etc. As a whole, those taxpayers
(Chapter 11) included in the program will account for a large
percentage of government revenues collected
There are fixed taxes in lieu of income tax by the Afghanistan Revenue Department and,
imposed on shopkeepers and other small as such, are a very important part of the future
businesses that do not keep records. of the country.
Businesses are classified according to nine
criteria, including goods and services offered, Being included in this programme will mean
volume of business, size of business space, many benefits for the taxpayer. The ratio of
and rents paid. For businesses that have not Revenue Department employees to taxpayer
kept adequate records, the following will be much higher than for the average
procedures apply: taxpayer, allowing for better service and
increased levels of communication.
1. Taxpayer has maintained purchase Communication will be multi-lingual (Dari,
documentation only - tax is 3% of Pashto, and English) and will utilize a range of
annualized purchase amount. media (telephone, e-mail, personal visits).
2. Taxpayer has maintained sales Inclusion in the Large Taxpayer Program will
documentation only - tax is 2% of also allow for personalized information and
annualized sales amount. education programs for the business or
3. Taxpayer has maintained no records - business sectors, as well as focused seminars
Revenue staff observe one day’s sales - and speaker programs aimed at concerns that
tax is 2.5% of annualized sales. the taxpayer’s employees may have.
4. Taxpayer has maintained no records Taxpayers can expect responsiveness,
and sales process cannot easily be courtesy, and professionalism in their dealings
observed - tax is 6% of current stock on with LTO employees. This type of quality in
hand. service will allow the taxpayer access to the
information he/she needs for full compliance
Tax assessed according to these with the tax laws.
criteria/procedures is applied for three years.
The Large Taxpayer Office is located at the
Chapter 11 also contains other fixed taxes Ministry of Finance in Kabul and will cover all
such as: large taxpayers nationwide.

• Fixed tax on imports and exports Medium Taxpayer Office (MTO)


• Fixed tax on persons who transport goods
or passengers for business purposes The establishment of an MTO in 1386 follows
• Fixed tax of government contractors the successful introduction of the LTO. The
without a business license critera for inclusion of taxpayers in this
• Fixed tax on exhibitions category is very similar to those for the LTO
but, in general, with a lower level of turnover.
• Fixed tax on grain and processing mills,
The following categories will be included.
cane and seed oil machinery
• A business with income or invested
• Fixed tax of physicians
capital sufficient to qualify for LTO
treatment but income is exempt or
Other Fees largely exempt.
The Ministry of Finance administers a fee that • Business entities required to prepare
is not contained in the Income Tax Law 2005. balance sheets.
This is the Airport Departure Fee of 500Afs for • Diplomatic or International
international departures and 50Afs for representations.
domestic departures. • Educational or Health Institutions
outwith the State system.
Large Taxpayer Office (LTO) • Foreign owned businesses.
• Unregistered sole proprietors or legal
The Large Taxpayer Office will serve as a one- entities whose annual gross income
stop office for a select number of taxpayers. It does not exceed 5 million Afs or with
will accomplish this by managing all tax types initial capital of 15 million Afs.
and responsibilities for large taxpayers.
Criteria for inclusion in this program are based The intention is to extend the same level of
on annual turnover, risk to Ministry revenues, service provided by the LTO to a much greater
specialized industry type, amount of capital number of taxpayers and at the same time

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significantly improve the flow of revenue to the All information contained in the tax returns or
Government. gathered by the Afghanistan Revenue
Department through examination of books and
The MTO in Kabul is located on the 2nd. Floor records of the taxpayer, or a third party
of the previous Agricultural Development Bank associated with the taxpayer, is confidential. It
Building in the Cinema-e-Pamir.Future may not be disclosed to anyone outside the
expansion of the MTO concept is being Ministry of Finance unless authorized by law.
planned for other provinces.l
The Income Tax Law provides for significant
fines (up to 225,000 Afghanis) or imprisonment
Examples of the annual income tax returns (up to 3 years), or both, where a taxation
and guides can be seen on line at officer discloses confidential information or
www.mof.gov.af/tax copies are available at misuses their position in any unauthorized way
the Large Taxpayer Office and the Medium for the purpose of direct or indirect benefit.
Taxpayer office.
Requirements for Books & Records
Taxpayer Identification Number (TIN)
The Income Tax Law requires the
In order to make tax administration more maintenance and preservation of business
efficient and to ensure proper crediting of records (Article 36). All natural or legal
taxes paid to taxpayer accounts, the Ministry persons with taxable income in a taxable year
of Finance has implemented a unique taxpayer shall keep records of all transaction, of all
identification number program. All individual movable and immovable property and of all
persons, companies, and organizations which income that will enable you to prepare
are, according to the Income Tax Law and complete and accurate tax returns.
Customs Law, required to pay taxes or
customs duties, including social, non-profit and Records include ledgers, journals, vouchers,
welfare organizations which are withholding financial statements and accounts, and income
taxes from the salaries of employees or from tax records. They are to be supported by
rental payments are required to get a source documents. Records normally
Taxpayer Identification Number (Article 91). summarize the information contained in the
The Income Tax Law 2005 provides for source documents. The source documents
additional taxes and penalties where a person include sales invoices, purchase receipts,
fails to apply for a TIN without reasonable contracts, guarantees, bank deposit slips and
cause (Article 110). cheques etc. They also include cash register
slips and credit card receipts, purchase orders,
Taxpayer Identification Numbers can be work orders, import and export documents,
obtained in Kabul at the Ministry of Finance or delivery slips, e-mails and general
at the Mustufiat offices in Mazar-e Sharif, correspondence in support of the transaction.
Kandahar, Jalalabad, Herat, and Kunduz. For
more information regarding requirements for As a general rule, the Afghanistan Revenue
the TIN, how to apply, or to receive forms, visit Department does not specify the books and
the TIN Offices mentioned previously or call records you need to keep. You may choose a
0799 303 602. TIN applications are also system of record keeping that is suited to the
available online at www.mof.gov.af/tax purpose and nature of your business. These
records must clearly reflect your income and
Note: Most businesses have a licensing or expenditure. Your records must be:
registration requirement with other government
agencies. For import/export businesses, • Reliable and complete;
please contact the Department of Licensing at • Provide you with the correct information
the Ministry of Commerce in Kabul. For you need to calculate your tax
investments, please contact the Afghan obligations and entitlements;
Investment Support Agency (AISA), located • Be supported by source documents to
opposite the Ministry of Foreign Affairs in verify the information contained in the
Kabul. Their telephone numbers are +93 (0) records;
20 2103404 or +93 (0) 70 288 304. The web • Include other documents such as
address for AISA is: www.aisa.org.af. appointment books, logbooks, income tax
returns, business receipts tax returns, rent
Confidentiality (Article 111) withholding tax returns, wage withholding
tax returns, certain accountants’ working

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papers, that assist in determining your
obligations and entitlements; The Revenue Department has a responsibility
to ensure as far a possible that taxpayers are
Note: Persons carrying on more than one accounting correctly for the tax they are due to
business are required to keep pay. One of the ways in which this can be
separate records for each business. done is by an audit of taxpayers’ records. The
frequency with which this will be done will
Businesses should also retain related depend on a number of factors. Audits
documentation to support their transactions. generally will be arranged in advance at times
This is particularly important for businesses mutually convenient to the taxpayer and
engaged in international non-arm’s length revenue officials. As far as possible audits will
transactions. These businesses should retain be carried in a way to minimise disturbance to
documentation related to transfer pricing the taxpayer’s business. They will also be an
policies and documentation pertaining to any opportunity to discuss any problems and clear
distribution of branch and subsidiary profits. up misunderstandings of the tax system. Any
errors and necessary corrections discovered
Method of Accounting will be discussed and agreed at the end of the
audit visit.
Corporations and limited liability companies
shall compute their income using the accrual Refunds
method of accounting which recognizes
income and expenses when due (Article 37) If the Ministry of Finance finds, upon
examination of a return, refund claim,
Taxation Year overpayment claim or court judgment that the
tax paid is in excess of the amount due, the
The taxable year is the solar year which starts Revenue Department official in charge of the
from the first day of Hamal (March 21) and taxpayer’s file will contact the Customs
ends on the last day of Hoot (20 March) Department to confirm that the taxpayer does
(Article 3) not have any outstanding liability for customs
duties. The official will also investigate if any
A legal person (but not a natural person) other taxes remain unpaid. Any overpayment
wishing to use a different taxation year may will be first applied against unpaid taxes or
apply in writing to the Ministry of Finance customs duties and the excess refunded on
setting out the reasons for the requested application to the office dealing with the
change. The Ministry of Finance may approve taxpayer’s affairs or held in credit for the
such an application but only where the taxpayer (Article 95).
application is justifiable. The Ministry will
inform the legal person of this in writing, Objections and Appeals
setting out the commencement date of the
change and expected tax payment dates Article 94 of the Income Tax Law 2005
which will be determined by the Ministry. The provides a formal administrative dispute
Ministry decision will ensure that neither the resolution process for any person who is
taxpayer nor the Government of Afghanistan dissatisfied with an income tax assessment.
obtains an unduly favourable tax position as This process can involve three steps. First, a
compared with payments by other taxpayers. person may request an amendment to their
income tax assessment. Second, if a person is
Availability of Records dissatisfied with the decision on their request
for an amendment, they may lodge an
In order to confirm that a tax liability or refund objection which is reviewed by an independent
has been properly established, or to estimate review panel. Third, and finally, a person who
the income of a person, Ministry of Finance is dissatisfied with the decision of the review
officers are entitled to have access to the panel may appeal to a court of competent
business premises and to the inspection, jurisdiction.
examination and copying of books of account,
papers, records etc. held by the person or by More detailed information concerning the
third parties (Article 96). Third parties may objections and appeal process can be
include business associates, customers, obtained from the Taxpayer Assistance Team
suppliers, financial institutions, other at the Ministry of Finance or by visiting the tax
government departments etc. information website at:www.mof.gov.af/tax.

Audit of Taxpayers’ Records

5
The website contains the appropriate
objection/appeal forms, the tax law, the tax • Collection from third parties – The Ministry
manual and Guide 11 – Disputing the Amount has the power to issue an order
of Income Tax Payable in an Income Tax (sometimes known as a garnishee order)
Assessment. to collect amounts owed to the tax debtor
by third parties. These third parties could
include customers, financial institutions,
Enforcement Provisions (Chapters 14 & employers, tenants etc.
16)
• Departure Prevention Order – This is an
Taxes are collected to enable the Government order to the appropriate authorities to
to provide essential services such as restrict or prevent an individual (including
education, health, infrastructure and security to an assessed director, shareholder or third
the residents of Afghanistan. Therefore, if party) who has unpaid taxes of more than
everyone pays their fair share, better services 20,000 Afghanis from leaving the country.
can be provided to the residents of
Afghanistan. Taxpayers who ignore their tax • Temporary business closure – Where a
obligations such as not registering, failing to person fails to file a tax return, fails to pay
submit tax returns or failing to pay their tax tax liabilities on the due date or fails to
liabilities are actually defrauding their country withhold (rent, wages, dividends etc.) and
and fellow residents/citizens. pay tax, that person may be the subject of
an order to close the business until the
The Afghanistan Revenue Department is taxes are paid.
obliged by law to determine and collect from
each taxpayer only the correct amount of tax • Non-issuance of licenses – When persons
that is due to the Government. The have not paid the taxes due, the Ministry
Afghanistan Revenue Department offices and of Finance may inform other government
staff are representatives of the Minister of ministries, agencies and departments
Finance and in that capacity must ensure that which have the authority to issue licenses,
the tax laws are administered correctly and not to renew those licenses. Other
fairly so that no one is favoured or prejudiced ministries and government agencies are to
above the rest. issue licenses only when they have such
documents from the Ministry of Finance to
The Income Tax Law 2005 has been updated indicate that the business as fulfilled their
to provide the Ministry of Finance with all of tax obligations.
the enforcement powers necessary to collect
the taxes that are rightfully due.
The law also provides for the imposition of
additional taxes, penalties, fines and/or
• Assessments – the Ministry of Finance imprisonment. These sanctions may be
may amend tax assessments (or tax imposed under several circumstances
shown on tax returns) to correct including:
intentional or inadvertent errors. The
Ministry may also raise an assessment for • Failure to maintain and to provide
tax based on estimated income where no access to books and records (Article
return has been filed. 106)
• Failure to file a tax return (Article 107)
• Property actions – The Ministry of Finance
• Failure to withhold tax as required –
may place restrictions on the sale of
rent, dividends, interest, royalties,
movable and immovable property, place
wages, salaries, commissions etc.
liens or encumbrances on property or
(Article 108)
seize property for the purpose of sale.
• Failure to pay the taxes due (Article
These actions may be taken upon
109)
approval of the courts.
• Failure to apply for a Tax Identification
Number (TIN) (Article 110)
• Director & shareholder liability – The
Ministry may under certain conditions • Evasion of income tax (Article 103)
collect the tax debt of the company from • Offenses committed by taxation
its directors, certain shareholders and third officers pertaining to disclosure of
parties that have received assets from the confidential information and misuse of
debtor company. their position. (Article 111)

6
or burdensome taxes. This process will be a
Late Payment Charge major focus of the Ministry in the current year
and future years.
Where a taxpayer has failed to pay their tax
liability by the due date, the person is subject Corporate Tax Reform
to additional income tax of 0.10 per cent of the
tax due, per day (Article 105). The government is committed to making
Afghanistan an attractive environment for
Electronic Funds Transfer investors. Part of the initiative is the intent to
reform corporate taxation so that it is
It is now possible to pay your taxes by way of consistent with international standards and
electronic funds transfer. The process is best practice. Amendments to the Income Tax
simple and should make compliance easier, Law have been made to provide incentives to
especially for those businesses and business that are registered under the
organizations with accounting and payment investment laws. These provisions are for
offices outside of Afghanistan. accelerated depreciation (over four years for
buildings and two years for other assets) and
For additional information on electronic funds the ability to carry losses forward indefinitely.
transfers please refer to Guide 6 – Paying
Your Tax by Electronic Funds Transfer at Other corporate tax reform measures which
“www.mof.gov.af/tax”. You may also visit the have been implemented include:
Afghanistan Revenue Department, Taxpayer
Assistance Team at the Ministry of Finance in • Taxing branches of foreign companies
Kabul. on the same basis as subsidiaries of
foreign companies.
Customs Duties • Tax incentives for extractive
industries.
Import and export businesses, as well as those • Extending the 20% withholding on
businesses that must import goods and dividends
materials for use in the business should • to include withholding for interest,
contact the appropriate customs house royalties and other similar payments.
regarding their customs affairs. • Deductions allowed on the basis of
Tax Administration Reform attribution of actual expenses between
the branch and the non-resident
In order to promote voluntary compliance with person.
Afghanistan’s tax laws, the Ministry of Finance • Ensuring arm’s length pricing between
is working to reform the Revenue Department associated entities
and other Ministry offices in order to create a • Implementing general anti-avoidance
more efficient and effective tax administration. rules to address tax avoidance
The new organization will be more service- practices.
oriented, realizing that education and • Quarantining foreign losses against
information are the foundations for foreign income.
compliance. At the same time, the organization • Allowing legal persons to apply for a
will be developing modern enforcement fiscal year that is other than the Solar
programs along international standards that Year.
will help ensure a fair tax system. Above all,
the Ministry is working to eliminate corruption Where can I get Additional
and establish a transparent administration that
Information?
effectively uses budgeted funds. This is a long
term commitment, and the resulting
Tax forms and guides are available from the
organization will do much to create a better
Ministry of Finance, Revenue Department,
business climate in Afghanistan.
Taxpayer Assistance Team.
Tax Reform For more information or assistance visit the
Revenue Department, Taxpayer Assistance
At present there are many small or specialty Team, visit the “Tax Information Page” at
taxes existing in Afghanistan in addition to www.mof.gov.af/tax or call 075 201 5016 or
those mentioned above. The Ministry of 070 220 5433.
Finance is working to reform the tax laws to
simplify current laws and eliminate inefficient Note 1: The “Tax Information Page” website

7
also contains public announcements, a copy of
the Income Tax Law, various public rulings,
forms, instructions for completing forms,
guides, archived documents, Questions &
Answers regarding the wage withholding tax,
etc.

Note 2: The “Tax Information Page” website


also contains an “Income Tax Manual”
issued under the authority granted to the
Ministry of Finance by Article 113(2) of the
Income Tax Law. The purpose of he manual is
to provide additional guidance to the
Afghanistan Revenue Department and
taxpayers regarding the application of the
Income Tax Law of 2005. In this manual, each
Article of the law is given separately, followed
immediately by the regulations, and often
examples where appropriate, pertaining to that
Article.

1386
Ministry of Finance
Afghanistan Revenue Department

Islamic Republic of Afghanistan

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