Afghanistan Tax Card Final
Afghanistan Tax Card Final
MEMORANDUM
RAFAQAT BABAR & CO
x
CHARTERED ACCOUNTANTS
Web: www.rafaqatbabar.com
E mail: kabul@rafaqatbabar.com
Cell #: +93-700-081878
Table of Contents
PREAMBLE 1
INCOME TAX 3
TAXPAYER IDENTIFICATION NUMBER (TIN) 3
TAX YEAR 3
MAINTENANCE OF BOOKS & RECORDS 3
INCOME TAX RATES 4
FOREIGN CURRENCY CONVERSION 4
RULES FOR ACCOUNTING 4
INCOME SUBJECT TO TAX 5
DEDUCTIBLE EXPENSES 5
CARRY FORWARD OF TAX LOSSES 6
TAX EXEMPT ORGANIZATIONS 6
EXEMPTION OF CERTAIN INCOME FROM INCOME TAX 6
BUSINESS RECEIPTS TAX (BRT) 7
BUSINESS RECEIPT TAX EXEMPTIONS 8
WITHHOLDING TAXES 8
Salary and Wage Withholding Tax 8
Rent Withholding Tax 9
Withholding Tax on Contractors 9
Contractors with business licenses: 9
Contractors without business licenses: 9
Other Withholding Taxes 10
FIXED TAXES 10
Fixed Tax on Imports 10
Fixed Tax on Exhibitions 10
Fixed Tax on Small Businesses 10
Fixed Tax on Sale of Movable or Immovable Property 11
INSURANCE COMPANIES TAXATION 11
ADDITIONAL TAXES (Fines and Penalties) 12
ABOUT RAFAQAT BABAR & CO 13
INTERNATIONAL AFFILIATION 13
OUR SERVICES 14
Afghanistan Income Tax Law has been enacted in 2009 which governs all the tax
related matters applicable to all kinds of individuals and businesses to date.
Through this memorandum an effort has been made to provide a ready on hand
reference and to help the accountants and persons related to finance in different
sectors of the economy to ensure their compliance with the aforementioned law.
This also explain the significant amendments in the law since its inception as
approved by the respective legislatures.
Tax collection and withholding guide has also been made part of this commentary
keeping in view the day to day requirements of today’s businesses.
The memorandum seeks to provide general guidance with the objective of keeping
our clients and staff abreast of the changes in the relevant fiscal laws. The users
are therefore advised to seek professional advice before exercising their judgments
with respect to interpretation of such laws and acting thereupon. The Firm accepts
no responsibility for any action taken (or not taken) as a result of the information
contained in this document.
December, 2015
Kabul, Afghanistan
A tax is imposed on the income from Afghan sources of all persons corporations, limited
liability companies, and other entities weather in Afghanistan or abroad, and on the foreign
income of residents of Afghanistan.
1. The person has his or her principal home in Afghanistan at any time during the year; or
2. Present in Afghanistan for a period or periods amounting to 183 days in the tax year; or
3. Is an employee or official of the Government of Afghanistan posted abroad at any time
during the tax year;
4. An entity has been established under the laws of Afghanistan or has the center of its
administrative management in Afghanistan.
Every Individuals, companies and organizations that are required to pay taxes or customs
duties are also required to obtain a taxpayer identification number. Taxpayer identification
number is a unique number assigned to every tax payer by the Ministry of Finance on
application.
TAX YEAR
The taxable year is the solar year which starts from the first day of Jadi (21st December) and
ends on the last day of Qaws (20th December).
A legal person (but not a natural person) wishing to use a different taxation year may apply
in writing to the Ministry of Finance explaining the reasons for the requested change. The
Ministry of Finance may approve such an application but only where the application is
justifiable.
All natural or legal persons with taxable income in a tax year must keep records related to all
transactions, all movable and immovable property, and all income necessary to prepare
complete and accurate tax returns.
Records and documents must be kept for a minimum period of 5 years after the end of the tax
year to which the records and documents relate. However the tax department may in special
cases for reasons to be recorded in writing and approval call for the audit of records beyond
five years.
The Ministry of Finance requires that all corporations, limited liability companies and other
entities liable to pay annual income tax maintain the following accounting records:
Natural Person
Resident natural persons are taxed on income from all sources worldwide, including but not
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:
Cash method of accounting: A person shall compute their taxable income using the cash
method of accounting at the time of receipt of income and payment of expense. The Ministry
of Finance may permit a taxpayer to compute their taxable income using the accrual method
of accounting. This provision shall not apply to corporations and limited liability companies.
DEDUCTIBLE EXPENSES
Deduction of all ordinary and necessary expenses of production, collection, and preservation
of income of natural and legal persons shall be allowed in accordance with the provisions of
this Law as follows provided that these expenses have been incurred during the tax year or
one of three previous years.
1. any expense related to the cost of production or trade and business, such as insurance
and freight expenses, etc.;
2. the cost of supplies, materials, fuel, electricity, water, and other necessary expenses
incurred in the production of income, or in a trade or business;
3. wages, salaries, commission, and fees paid for services rendered by employees in trade
or business;
4. interest paid on loans utilized for business and trade ;
5. rent paid on property necessary to and used for the purposes of trade or business;
6. cost of repairs and maintenance of properties and equipment necessary to and used for
purposes of the business or trade;
7. Depreciation of movable and immovable property (except agricultural land) used in
trade or business, or held by the producer for the production of income, in accordance
with the Income Tax Manual. The total of deductions for depreciation of the property
shall not exceed its cost to the taxpayer. However, a natural or legal person will not be
entitled to claim depreciation for that part of the cost of an asset which the person does
not withhold tax from payment for that asset in accordance with Article 72 of this Law;
8. Any tax or charge that is a necessary expense of doing business, holding property and
equipment for earning income or producing income, if paid or accrued during the tax
year. Taxes imposed by this Law and taxes not qualifying as necessary business expense
shall not be deductible except as otherwise provided by this Law;
A legal person who provides goods or services in exchange for consideration shall be required
to pay business receipts tax.
A natural person who provides goods or services in exchange for consideration and whose
revenue from such sales is AFN. 750,000/- or more per quarter of the year shall be required to
pay business receipts tax.
It is imposed at rates of 4%, 5% or 10% of the gross receipts, depending on the nature of the
business and/or category of the receipt. (66)
Business receipts tax paid shall be a deductible expense in computing taxable income for the
same tax year. (67)
The BRT must be paid on a quarterly basis within 15 days after the end of the quarter according
to the below table:
BRT @ 5%
Restaurants, hotels, and guesthouses with income more than AFN 750,000 per quarter shall be
subject to 5% percent BRT on gross receipts.
BRT @ 10 %
10% BRT is payable on gross receipts from provision of the following services:
BRT @ 4%
BRT @ 4% shall be paid on gross receipts from all sources other than the sources mentioned
above.
The following income shall be exempt from the business receipts tax.
WITHHOLDING TAXES
Employers (including legal and natural persons) with two or more employees in a month are
required to withhold tax from their employees' salaries and wages based on the below rates.
(Article 58).
The employer is required to remit the amount withheld to the government specified account
no later than 10 days after the end of the month in which the amounts were withheld (Article
60). The employer shall be required to submit with this remittance a Tax Withholding Report
to the relevant tax office in the format prescribed in the Income Tax Manual.
Monthly Monthly
Income from Income up to Tax
AFN 0 AFN 5000 AFN 0
AFN 5001 AFN 12,500 2% of the amount over AFN 5,000
AFN 12,501 AFN 100,000 AFN. 150 + 10% of the amount over AFN. 12,500
AFN 100,001 Unlimited AFN. 8,900 + 20% of the amount over AFN. 100,000
A minimum threshold of AFN. 500,000 has been set for contract withholding tax purposes.
Payments on account of purchases or supplies made or services rendered to a legal or natural
person aggregating below AFN. 500,000 in a tax year shall not be subject to withholding tax.
However, if the aggregate of payments to one person on this account exceed this threshold in
a tax year the entire payment to that legal or natural person shall be liable to contract
withholding income tax under Article 72.
FIXED TAXES
Persons without a business license or with an interim license are subject to a 3% fixed tax
which is payable instead of annual income tax.
The fixed tax on imports is paid when and where the customs duties on the imported goods
are paid.
Other persons who provide entertainment services shall be subject to income tax and business
receipts tax according to the provisions of this Law.
Rafaqat Babar & Co established in 1986, is a pioneer chartered accountants firm in Khyber
PakhtoonKhwa (KPK) Pakistan. The firm grew in size, expertise and gained enough
confidence of its clients that in 1996 it planned for expansion to establish its offices across the
country. Within next 5 years branches in Karachi, and Islamabad were established. The firm is
being managed by four partners with over 100 professional staff.
The firm provides specialized services in fields of audit and assurance, management and
financial advisory, taxation advisory, project financing and corporate and secretarial works.
Vast experience has been gathered by servicing a multitude of assignments. Such experience
is drawn upon to provide services of the highest level so as to benefit all clients by providing
solution to their problems and successful exploitation of available opportunities. The firm over
the year has developed a sizeable list of clientele.
INTERNATIONAL AFFILIATION
We are members of The Leading Edge Alliance (LEA). The Leading Edge Alliance (LEA) is an
international professional association, having its headquarters at Illinois USA with over 300
special interest groups throughout the world. The alliance consists of independently-owned
accounting and consulting firms that share an entrepreneurial spirit and a drive to be the
premier providers of professional services in their chosen markets. The services offered
include accounting, tax and consulting services through a global network of firms. The leading
edge alliance offers:
The Leading Edge Alliance enables member firms to access the resources of a multibillion
dollar global professional services organization, providing business development,
professional training and education, and peer-to-peer networking opportunities nationally
and globally, around the corner and around the world. LEA members around the world are
top quality firms who are very successful, have deep client relationships, and strong ties to the
community. The Alliance provides members with an unbeatable combination: the
comprehensive size and scope of a large multinational company while offering their clients
the continuity, consistency and quality services of a local firm.
We tailor our service to meet your unique circumstances and needs and, by agreeing
expectations and responsibilities at the outset, we ensure that our performance and service
meets your requirements. The following are the major assurance services we provide:
i. Annual financial audits
ii. Statutory audits under the corporate and tax laws of Afghanistan.
iii. Cost audits as per the agreed terms of reference.
iv. Donor/ recipient contracted audits.
v. Agreed upon procedures and reporting of factual findings
vi. Financial reviews and pre award assessments.
vii. Project audits in accordance with terms of project agreement and donor requirement
viii. Sales and income tax in order to ensure compliance and compilation of tax returns
ix. Examination of prospective financial statements.
Audit assignments are planned and performed in line with the International Standards on
Auditing (ISAs) together with the requirements of applicable local legislation. With an aim to
add value, the RBCO audit methodology concentrates on business areas significant to financial
statements.
Internal Audit
We can provide you with advice and assistance on the development of your internal audit and
risk management strategy and processes. In addition, we also function as outsourced internal
audit department. Whether your need is for an outsourced partner to support your Head of
Internal Audit and/or in-house team, or the provision of a full outsourced internal audit
service we can provide you with a solution that will be tailored to your specific needs.
Accounting Services
Our accounting services include engagements to compile financial information ranging from
bookkeeping to preparation of financial statements in accordance with identifiable financial
reporting framework (mostly IFRS) together with the presentation and disclosure
requirements of local statute or donor requirements.
Advisory Services
Whilst ensuring prompt and efficient compliance with your accounting, tax and statutory
obligations is often a significant part of our role, we aim to provide you with tailored advice
for your unique circumstances.
Our experience of complex business issues provides us with an unusually wide span of
expertise. This is available equally to our smaller and more substantial clients who value our
advice and look to us for assistance on a regular basis.
RAFAQAT BABAR & CO CHARTERED ACCOUNTANTS Page 14 of 17
We provide close support, combining knowledge of accounting, tax and business issues which
has proved invaluable to clients involved in transactions, business planning and contentious
litigation situations.
Taxation Services
Corporate tax
We have developed a strong, niche corporate tax practice. We are seen as a boutique tax
consultancy, providing advice and solutions to complex corporate tax issues. Our
international client base has enabled us to gain experience in advising on international as well
as Afghanistan’s corporate tax issues.
Personal tax
We advise individuals on personal tax planning with the aim of mitigating income tax, wealth
tax and capital gains tax liabilities. We continue to devote significant resources, both human
and technical, to maintaining and enhancing our personal tax services to private clients.
Legislation surrounding issues relating to private individuals, such as tax self-assessment,
capital gains tax and wealth tax is constantly changing and becoming more complex.
Our expertise within this area allows us to offer advice on the most recent developments whilst
tailoring this to each client's needs.
The information in this document is provided in good faith with the intent to help
organizations to ensure their compliance with the Afghanistan Income Tax Law while
conducting their routine operations. This document do not constitute legal advice on any
matter. Rafaqat Babar & Co assumes no liability for any action taken on the basis of
information provided herein. The readers are therefore cautioned while relying on the
information provided in this document and are advised to refer to the original legal text of
Afghanistan income tax law 2009 or seek legal advice. These materials and information are not
a substitute for obtaining legal advice from a professional tax consultant.
ISLAMABAD Office 611, 6th Floor, ISE Tower, Jinnah Avenue, Islamabad.
Tel: # 051-2894651-53
KARACHI Suite 113, 3rd Floor, Hafeez Centre, Plot# A/34, KCHS,
Block 7 & 8, Shahra-e-Faisal, Karachi-75350
Ph: 021-34392361-3 Fax 021-4396247