CH 4 Public Finace @2015
CH 4 Public Finace @2015
Income tax is a very important direct tax. It is an important and most significant source of revenue of the
government. The government needs money to maintain law and order in the country; safeguard the security of
the country from foreign powers and promote the welfare of the people. It is the foremost duty of the
government to bring out welfare and development programs which will bridge the gap between the rich and the
poor. All this requires mobilization of fund from various sources. These sources may be direct or indirect.
“Taxable income” means the amount of income subject to tax after deduction of all expenses and other
deductible items allowed under this Proclamation 286/2002, Proclamation No.979/2016 and Regulations
78/2002 issued.
“Employee” means any individual, other than a contractor, engaged (whether on a permanent or temporary
basis) to perform services under the direction and control of the employer.
Sources of Income (Article-6):
Income taxable under this proclamation shall include, but not limited to:
a) Income from employment;
b) Income from business activities;
c) Income derived by an entertainer, musician, or sports person from his personal activities;
d) Income from entrepreneurial activities carried on by a non-resident through a permanent
establishment in Ethiopia;
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e) Income from immovable property and appurtenances thereto, income from livestock and inventory in
agriculture and forestry, and income from usufruct and other rights deriving from immovable property is
much property is situated in Ethiopia;
f) Dividends distributed by a resident company;
g) Profit shares paid by a resident registered partnership;
h) Interest paid by the national, a regional or local Government or a resident of Ethiopia, or paid by a
non-resident through a permanent establishment that he maintains in Ethiopia;
i ) License fees (including lease payments, and royalties paid by a resident or paid by a non resident
through a permanent establishment that he maintains in Ethiopia.
The above sources of income are grouped under the following four Schedules:
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during each calendar month. In applying the procedure, income attributable to the months of Nehassie
and pagume shall be aggregated and treated as the income of one month.
B. Exemptions
The following categories of income shall be exempted from payment of income tax.
I. Income from casual employment
Income from employment received by casual employees who are not regularly employed provided that they do
not work for more than one month for the same employer in any twelve months period.
II. Contribution of retirement benefits by employers:
Pension contribution, provident fund and all forms of retirement benefits contributed by employers in an
amount that does not exceed 15% (fifteen percent) of the monthly salary of the employee.
III. Income from Diplomatic and consular representatives, and Other persons employed in any
Embassy, Legation, Consulate or Mission of a foreign state performing state affairs, which are national of that
state and bearers of diplomatic passports or who are in accordance with international usage or custom normally
and usually exempted from the payment of income tax..
IV. Payments as compensation
Payments made to a person as compensation or gratitude in relation to:
(i) Personal injuries suffered by that person;
(ii) The death of another person.
V. Allowable Deductions
The following payments, made to an employee by an employer, are allowed as deductions to determine taxable
income.
Reimbursed medical expenses
Transportation allowance (if provided in the contract)
federal 25% of basic salary or not more than Br 800
Addis Ababa 15% of basic salary or not more than Br 500
Hardship Allowance
Desert Allowance
Reimbursed traveling expense (incurred on duty)
C. Tax Rate
Tax Rate
As amended in income tax proclamation No 979/2016, every person deriving income from employment is
liable to pay tax on that income at the rate specified in Schedule “A” as follows:
Schedule A
Employment Income (per month) Tax Rate (in %) Deduction (in Birr)
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The amount of tax is calculated for each layer of tax bracket by multiplying the given rate under schedule A
For each additional income.
2. Deduction methods
Sub-lessor
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When a building is constructed for the purpose of giving on lease, the owner and contractor should inform the
Kebele Administration about its completion and the intention of giving it on lease. This is also applicable when
the building is rented before its completion. The Kebele Administration will pass the information to the tax
office for the administration of tax. It is also the responsibility of Kebele administration to gather any such
information and communicate to tax office in case where the parties fail to do so.
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Computation of income tax on income from rental of building
In order to compute the taxable income from rental of building we use the following approach.
B. Assumes that Mr. X has maintained books of accounts. Required: compute the taxable income and
tax liability
Solution:
Depreciation Schedule
1. For building 300,000*0.05=15,000
2. For Equipment 15,000*.20= 3,000
3. For computer 16,000*.25 = 4,000
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Taxable Business Income
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 Accepted Accounting Standards,
subject to the provisions of this Proclamation and the directives issued by the Tax Authority.
Business income tax or business profit tax is the tax imposed on taxable business income /profit realized from
entrepreneurial activities. it is charged on the profit of business enterprises on their activities arising each
accounting period or tax year.
Category of Taxpayers
For the purposes of payment of business tax, taxpayers are categorized into three namely: Category “A”,
Category “B”, and Category “C”.
Category “A” Taxpayer
Category “A” taxpayer includes;
a. Business that have separate legal personality (share company, PLC and public enterprise) regardless of
their annual sales revenue.
b. or any other person having an annual gross income of Birr 1,000,000 or more.
.
Category “A” taxpayers shall submit the tax declaration to the tax authority within four months from the
end of the tax year.
Tax assessment is a process of measuring, imposing tax liability and collecting tax from payers
At the end of the year, category “A“ taxpayers are required to submit a balance sheet and a profit and
loss statement and the following details to the tax authority:
Gross profit and the manner in which it is computed.
General and administrative expense;
Depreciation expense; and
Provisions and reserves.
Allowable Deductions
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 taxpayer and subject to the limitations specified by this Proclamation. In
order to determine taxable income under Schedule “C” the following items of expenditures are allowable for
deduction.
1) Direct cost of producing the income such as the direct cost of manufacturing, purchasing, importation,
selling and such other similar costs.
2) General and administrative expenses incurred for earning, securing and maintaining the income. such
costs are salary of administrative personnel , utility cost, rental cost ,repair and maintenance and e.t.c.
3) Bad debt
4) Premium payable on insurance directly connected with the business activity ;- insurance premium
directly connected with business activities and against risk of damage or destruction of business premises.
5) Expense incurred for the promotion of business
6) Commission paid for services rendered, provided that the amount shall not exceed the normal rates
provided by other similar businesses or persons
7) Any payment made by a branch, subsidiary or associated company in
Subjected to the following two conditions;
a. The payment is made for the service actually received.
b. The service was necessary for the business and could not be performed by other person or by the
business itself at lower cost.
8) Salaries, wages or other benefit paid to the children of proprietors or member of partnership. Subjected to
the following two conditions;
a. such employees shall have the required qualification.
b. the salary payable for such employs shall be equivalent for the post.
9) Salaries and other personal benefit paid to manager or managers of a private limited company.
10) Interest expense, if the lending institution is recognized by NBE or a foreign bank permitted to lend to
enterprises in the country.
11) Depreciation expense
The following are the rates of depreciation permitted per the rule:
1) Building: 5% of the original cost. The cost includes the cost of acquisition, construction, improvement,
reconstruction and renewal.
2) Intangible Assets: 10% (straight-line basis).
3) Computers, information systems, software products and data storage equipment: 25% (on a pooling
system). Under pooling system the asset that has the same or similar character pooled together and are called
pooled asset. For example projector, LCD, scanner ,flash disk e.t.c.
4) All other business assets: 20% (on a pooling system)
All other depreciable business asset such as machineries, vehicles furniture is pooled together. For assets for
which the pooling method is used, the rate is applied to the depreciation base for the determination of
depreciation. Depreciation base is the book value of the asset on the opening day of the tax period, increased by
the cost of acquisition, creation, renewal, etc during the period and reduced by the sales price of the asset
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disposed during the period. Loss incurred during the period due to natural calamity and other involuntary
conversion will also be considered for the computation of depreciation base. Any compensation received for
these purposes will be deducted from the book value.
While determining the depreciation base, if it becomes negative, it will be added to the taxable income.
On the other hand, if the depreciation base is Br 1,000 or less in any tax period, the entire amount shall be
treated as depreciation for that period. Likewise, gain obtained as a result of revaluation of assets shall not be a
basis for determining depreciation base.
For each category of assets, the actual expense incurred for the maintenance and improvement is allowable
provided it does not exceed 20% of the depreciation base at the end of the year. If such an expense exceeds
20% of the depreciation base, the excess will be added to the depreciation base of the category.
According to the Regulation issued by the Council of Ministers, depreciation will be allowed as deduction
only if the tax payers keep satisfactory record and submit the same to the tax authority regarding the date and
cost of acquisition and a record of the total amount of depreciation deducted on the asset so far. However,
depreciation on assets such as fine art, antiques, jewelry, trading stock, etc (which are not subject to wear and
tear) are not allowed.
Financial institutions are permitted to deduct special reserves from taxable income in accordance with the
directives issued by NBE. However, the amount drawn from such reserves will be added to the taxable income
of such institutions.
Non-allowable Deductions
All those expenses, which are not wholly or exclusively incurred for the business activity, shall not be
allowed as deductions per the provisions of law. Such expenses include:
1) Additional investment: an increase in the share capital of a company or the original capital of a registered
partnership
2) Pension or provident fund contribution in excess of 15% of the monthly salary of employees
3) Business profit tax and input value added tax ;- but they can be recovered through collection on sales.
4) Fines or penalty paid under violation of law
5) Losses that are not connected with the business activity
6) Losses recoverable by insurance
7) Entertainment expenses
8) Personal consumption expenses
9) Salary, wages, and other personal benefit paid to the partner, or proprietor of an enterprise
Assessment of Tax
Assessment is a tax review by a tax official of the tax declaration and information provided by a taxpayer and a
verification of the arithmetical and financial accuracy of the declared tax liability. Pursuant to the proclamation,
each taxpayer is required to furnish the tax authority with all information required for the assessment of income
tax including information about his operations, and relationship with other bodies that may be necessary for the
declaration of income or for supporting the books of accounts.
The procedure for the assessment of business income tax takes two forms:
A) Assessment by books of accounts, and
B) Assessment by estimation.
Assessment by books will be done for those who maintain books of accounts (Category A and B). The revenue
authority makes assessment by estimation when the taxpayers do not maintain the books or when the submitted
books are not acceptable. This is also done if the taxpayer fails to declare his/her taxable income within the
time required. Tax, of those taxpayers who have different sources of income, will be assessed on the aggregate
of all income.
If the taxpayers keep no records, or if the income tax authority does not accept the submitted books, or if the
taxpayer fails to declare tax within the time specified, the income tax authority estimates tax by the use of
certain indicators. Category “C” should pay tax at fixed rate on the income estimated by the income tax
authority.
Tax assessors will be assigned by the tax office to estimate the daily sales of the taxpayers. The estimates will
be done using the best of their judgment and objectivity. The estimated daily sales will be converted to annual
income using the number of working days. Tax on annual sales is determined on the basis of presumptive value
assigned to each activity.
Tax Rate
This is the tax imposed on the taxable business income / net profit realized from entrepreneurial activity.
Taxable business income would 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 Accounting standard adopted by the
company. Corporate businesses are required to pay 30% flat rate of business income tax. For
unincorporated or individual businesses, the business income tax ranges from 10% - 35%. Unincorporated or
individual businesses are taxed in accordance with the following schedule below as amended in income tax
proclamation No. 979/2008:
Schedule C
Taxable Business Income / Net Profit Tax Rate (in %) Deduction
per year (in Birr)
over Birr to Birr
0 7,200 Exempted
7201 19,800 10% 720.00
19,801 38,400 15% 1710.00
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38, 401 63, 000 20% 3630.00
63, 001 93,600 25% 6780.00
93,601 130,800 30% 11,460.00
Over 130,800 35% 18,000.00
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7,200 - 19,800 10% 720
= 80,000* 10-720
= 8,000-720
= 7,280
To record recognition of income tax expense
Income tax expense ……………………7,280
Income tax payable ………………………. 7,280
2. Income from rendering of professional service: The term technical service means any kind of expert
advice or technological service rendered. Income from locally provided technical or professional service is
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taxed at a flat rate of 5%. Whereas, income received from rendering service abroad is taxed at a flat rate of
10%. The Tax shall be withheld and paid to the Tax Authority by the payer.
3. Tax on Income from Games of Chance: games of chance means a game whose outcome depends
primarily on chance rather than the skill of the participant, including a lottery, card game, or tombola.
Person who derives income from winning at games of chance held in Ethiopia shall be liable for income tax
at the rate of 15% on the gross amount of the winnings except the winnings are less than 1000 Birr. In
computing the gross amount of winnings, no deduction shall be allowed for any loss incurred by the person
from games of chance.
4. Tax on Dividend Income: A resident of Ethiopia who derives a dividend shall be liable for income tax at
the rate of 10% of the gross amount of the dividend. A non-resident who derives an Ethiopian source
dividend that is attributable to a permanent establishment of the non-resident in Ethiopia shall be liable for
income tax at the rate of 10% on the gross amount of the dividend. The withholding agent shall withhold or
collect the tax and account to the Tax Authority.
5. Income from casuals rent of property: A person who derives income from the casual rental of property in
Ethiopia (including any land, building, or movable property) shall be liable for income tax on the annual
gross rental income at the rate of 15% of the gross amount of the rental income.
6. Tax on Interest Income on Deposits: A resident of Ethiopia who derives interest shall be liable for income
tax at the rate of 5% of the gross amount of the interest in the case a savings deposit with a financial
institution that is a resident of Ethiopia. In any other case, 10% of the gross amount of the interest. A non-
resident who derives Ethiopian source interest that is attributable to a permanent establishment of the non-
resident in Ethiopia shall be liable for income tax at the rate of 5% of the gross amount of the interest in the
case a savings deposit with a financial institution that is a resident of Ethiopia. In any other case, 10% of the
gross amount of the interest. The payers are required to withhold the tax and account to the Tax Authority
7. Tax on Gains of Transfer of Certain Investment Property: A person who derives a gain on the disposal
of immovable property, a share, or bond (referred to as a taxable asset) shall be liable to pay income tax at
the rate of 15% for immovable property and 30% for shares and bonds on the amount of the gain. The
amount of a gain on disposal of a taxable asset by a person shall be the amount by which the consideration
for the disposal of the asset exceeds the cost of the asset at the time of disposal.
Note: immovable property shall not include a building held and wholly used as a private residence for 2 years
prior to the disposal of the property.
INDIRECT TAXES:
Value Added Tax.
Turnover Tax.
Excise Tax.
Customs Duty.
Stamp Duty.
Turnover tax
The Turnover Tax would be payable on goods sold and services rendered by persons not registered for Value
Added Tax. The rate of Turnover Tax is:
2% on goods sold locally;
For services rendered locally: 2% on contractors, grain mills, tractors and combine-harvesters; 10% on
others.
The base of computation of the Turnover Tax is the gross receipts in respect of goods supplied or
services rendered. A person who sells goods and services has the obligation to collect the Turnover Tax from
the buyer and transfer it to the Tax Authority. Hence, the seller is principally accountable for the payment of
the tax. In accordance with the Turnover Tax Proclamation No. 308/2002, the following would be
exempted:
Sale or transfer of dwelling used for a minimum of two years, or the lease of a dwelling.
Rendering of financial services.
Supply of national or foreign currency and of securities.
Rendering by religious organizations of religious or other related services.
Supply of prescription drugs specified in directives issued by the relevant government agency, and the
rendering of medical services.
Rendering of educational services provided by educational institutions.
Supply of goods and rendering of services in the form of humanitarian aid.
Supply of electricity, kerosene and water.
Provision of transport.
Permits and license fees.
Supply o f g o o d s or services by a workshop employing disabled individuals (if more than 60% of the
employees are disabled).
Supply of books.
Excise Tax
It is believed that this tax should be imposed on luxury goods and basic goods, which are demand inelastic. It
is also believed that imposing the tax on goods that are hazardous to health and which are causes to social
problems will reduce the consumption thereof.
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The base of computation of Excise Tax is the cost of production for goods produced locally; whereas for
goods imported the base of computation would be the cost of production, insurance and freight costs.
Customs Duty
Any good imported or exported would be subject to: Payment of d u t i e s an d t a x e s a cc o rdi n g to
the tariff of Harmonized Commodity Description and coding system; Payment of duties and taxes
according to the preferential tariff rate where goods are imported from the preferred country; Payment
of duties and taxes at the rate in force on the day the declaration of the goods are presented to, and
accepted by the customs office.
Stamp Duty
The following instruments shall be chargeable with stamp duty:
Memorandum and articles of association of any business organization, cooperative or any other form
of association;
Award; Bonds; Warehouse bond;
Contract and agreements and memoranda;
Security deeds;
Collective agreement;
Contract of employment;
Lease, including sub-lease and transfer of similar rights;
Notarial acts;
Power of attorney;
Documents of title to property.
Rate of Stamp Duty:
The stamp duty on each instrument to be charged levied and collected at the following rates:
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4 Bonds on value 1%
5 Warehouse bond on value
6 Contracts and agreements and Flat Birr 5
memoranda
7 Security deeds on value 1%
8 Collective agreement
Flat Birr 350
a) on 1st execution
Birr 100
b) on any subsequent execution
9 Contract of employment Salary 1%
10 Lease including sub-lease and on value 0.5 %
transfer thereof
11 Notarial act Flat Birr 5
12 Power of attorney Flat Birr 35
13 Register title to property on value 2%
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