TAXATION BULLETIN BUDGET & REVENUE MEASURES 2013/2014
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CONTENTS 1 – Jamaica 2013/14 Budget Highlights 2 – General Consumption Tax (GCT) 3 – INCOME TAX 4 – EDUCATION TAX 5 – PROPERTY TAX 6 – OTHER REVENUE MEASURES 7 – Appendix I:
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1 – JAMAICA 2013/14 BUDGET HIGHLIGHTS
TAXATION BULLETIN-REVENUE MEASURES 2013/2014
Dr. The Hon. Peter Phillips, Minister of Finance & Planning presented to Parliament the Government’s plan to fund the 2013-14 Expenditure Budget of J$520.9 billion which had been previously tabled on 4 April 2013. The budget for 2013/2014 is cast against the background of the economic reform programme which aims to provide the conditions under which Jamaica can achieve sustained economic growth and development and job creation which is so essential. In his presentation he indicated that the main focus of the budget of both central government and the self-financing public bodies is fiscal consolidation as a means for reducing the public debt to sustainable levels. The overall budget for central government is $520.8B which is 14 per cent less than the revised estimate for the past fiscal year. The bulk of the savings arise from the reduction in public debt expenditures of $100.7B. This represents savings in interest costs of approximately $10B and reduction in the repayment of principal of $90.7B. Debt Expenditure The budget provides for debt servicing expenditure of $225.2B of which $119.5B represents interest charges and $105.7B represents repayment of loans – both internal and external.
$12.50
$105.70
$157.20
$119.50 $106.00
Debt Repayment Interest Payment Capital Expenditure Wages and Salaries Other
Figure 1- Expenditure Budget 2013/2014
There were no new Tax measures; hence in this publication we focus on those measures announced on February 12, 2013. The relevant changes and their effective dates of implementation are outlined in this document.
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TAXATION BULLETIN-REVENUE MEASURES 2013/2014
2 – GENERAL CONSUMPTION TAX (GCT) INCLUSION OF THE TELEPHONE CALLS TAX (TCT) AS PART OF THE GCT BASE In August 2012, a Telephone Calls Tax (TCT) was imposed on inbound telephone calls terminating in Jamaica, that is, on all international call minutes terminating on the public and mobile network; and calls emanating and terminating in Jamaica, that is, on all domestic and international call minutes originating from the public switch telephone and public land mobile network. The Telephone Calls Tax (TCT) was hitherto simply an add-on to the total telephone charges and was not taken into account when computing the GCT payable. It will now be included in the taxable base for the purpose of calculating the GCT. This is in keeping with the accepted principle of a value added tax (VAT), whereby the tax payable is computed on the consideration, which is the total monies/benefits in kind received for the goods or services. In addition, telephone service providers are required to charge GCT on the face value of prepaid calling cards rather than on the discounted value paid by the retailers. THE ABOVE CHANGES ARE EFFECTIVE MARCH 1, 2013. IMPOSITION OF GCT ON ALL FEES PAID AT THE PORTS The taxable base for the purpose of calculating GCT will now include all fees and taxes paid at the ports including the Customs Duty, Additional Stamp Duties, Environmental Levy, Customs User Fee (now replaced by the Customs Administration Fee) and Special Consumption Tax (SCT). This change is effective March 1, 2013.
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TAXATION BULLETIN-REVENUE MEASURES 2013/2014
3 – INCOME TAX INCREASE IN THE TAX ON DIVIDENDS PAYABLE TO RESIDENTS TO FIFTEEN PERCENT (15 %) The rate of income tax chargeable on dividends payable to resident shareholders by resident companies will be increased to fifteen percent (15%) with effect from April 1, 2013. It should be noted that the rate of income tax chargeable on dividends payable to resident shareholders was last increased to five percent (5%) on June 1, 2012. Jamaican resident shareholders, who receive dividends paid by non-resident companies, should account for and pay income tax at the following rates: a. b. c.
Twenty five percent (25%) for individuals and unregulated companies. Thirty percent (30%) for unregulated companies which fall under the definition/designation of large companies, that is, companies whose gross income is equal to $500,000,000 or more. Thirty three and one third percent (33 1/3%) for regulated companies.
It should be noted however that where there are Double Taxation Treaties, the rate of income tax charged by the non-resident companies will be subject to the Double Tax Treaty (DTT). The fifteen percent (15%) rate is not applicable to preference dividend payments. Non resident shareholders who receive dividends from resident companies should account for and pay income tax at the following rates (subject to the Double Tax Treaty rates) a. Twenty five percent (25%) for individuals and unregulated companies. b. Thirty percent (30%) for unregulated companies which fall under the definition/designation of large companies, that is, companies whose gross income is equal to $500,000,000 or more. c. Thirty three and one third percent (33 1/3%) for regulated companies. IMPOSITION OF SURTAX ON THE TAXABLE INCOME OF LARGE “UNREGULATED COMPANIES” One effect of the Revenue Measure 2012/2013 was that effective January 1, 2013, the corporate rate of income tax was reduced from thirty three and one third percent (33 1/3%) to twenty five percent (25%) for unregulated companies but remained at thirty three and one third percent (33 1/3%) for regulated companies. Regulated companies include companies regulated by Financial Services Commission (FSC), Office of Utilities Regulation (OUR), Bank of Jamaica (BOJ) and the Ministry of Finance. There was also no change to the corporate rate of income tax for building societies or life assurance companies.
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TAXATION BULLETIN-REVENUE MEASURES 2013/2014
Effective April 1, 2013, there will be an additional tax or surtax of five percent (5%) on the taxable income of large unregulated companies. “Large companies” means companies with gross income equal to or greater than J$500,000,000. It should be noted that companies that are currently under income tax incentives are exempt from this additional tax or surtax. A summary of the tax rates applicable to companies as at April 1, 2013 are shown below: a. b. c. d. e.
Unregulated companies Large Unregulated companies Regulated companies Building Societies Life Assurance companies
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25% 30% 33 1/3% 30% 15%
It should also be noted that for the 2013 tax year, large unregulated companies would be subject to tax on any assessable profits for tax purposes, at the rate of twenty five percent (25%) for the period January to March 2013 and thirty percent (30%) for the period April to December 2013.
4 – EDUCATION TAX Effective April 1, 2013, the rates of Education Tax are be increased to the amounts shown below: (a) (b) (c)
Employers’ contribution to be increased from 3% to 3.50% Employees’ contribution to be increased from 2% to 2.25% Self-employed contribution to be increased from 2% to 2.25%
It should be noted that the Education tax contribution should be based on the gross taxable pay net of NIS and approved pension contributions. Self-employed individuals are assessable on chargeable income for income tax purposes. However when computing their education tax contributions, unearned and pension income as well as any NIS and approved pension contributions are to be deducted from the chargeable income.
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TAXATION BULLETIN-REVENUE MEASURES 2013/2014
5 – PROPERTY TAX Effective April 1, 2013, the rates of property tax are be increased and will be computed based on the table below: Proposed Rate Description of Property Value Flat rate of $1,000.00 Unimproved Value up to $100,000 One and a half per cent (1.5%) Unimproved Value falling between $100,000 and $1,000,000 ($1 million) Two percent (2%) Unimproved Value over $1,000,000 ($1 million) Measures will also be put in place to deal with the low level of compliance currently being experienced by this tax type. Taxpayers can therefore expect stepped-up pursuit of any outstanding amounts by the Revenue authorities.
6 – OTHER REVENUE MEASURES IMPOSITION OF CUSTOMS ADMINISTRATION FEE Effective April 1, 2013, the Customs Administration Fee (CAF) will replace the Customs User Fee (CUF) at the ports. It is to be imposed on all imports except for imports by Approved Charitable Organizations and the Bauxite Sector The CAF will replace the current CUF and other processing fees payable at the ports, and is intended to represent a more accurate reflection of the cost of the services being offered by Jamaica Customs Department and would be in keeping with WTO guidelines. The schedule of the CAF is outlined at Appendix I. INCREASE THE LOCAL STAMP DUTY RATES AND TRANSFER TAX (ON PROPERTIES) Effective April 1, 2013, the rates of Stamp Duty and Transfer Tax on properties will be increased as follows:
Stamp Duty from 3% to 4% and Transfer Tax from 4% to 5%
The rates of Stamp Duty and Transfer Tax on estates will remain at the rates shown below: Stamp Duty 3% and Transfer Tax 4%
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TAXATION BULLETIN-REVENUE MEASURES 2013/2014
AMENDMENT TO THE FEE AND GROSS PROFIT STRUCTURE FOR BETTING, GAMING AND LOTTERIES Effective April 1, 2013, the gross profit tax rates have been increased by two to three percent depending on the particular game. Those with tax rates of 17% have been increased to 20% while those with rates of 23% were increased to 25%. Changes also included the imposition of licensing and other fees where none previously existed and significant increases to existing fees. (Details on these fees may be obtained on request) INTRODUCTION OF TRANSFER PRICING AND THIN CAPITALIZATION RULES Legislation is to be introduced to provide guidance/rules for treatment of Transfer Pricing and Thin Capitalization. In respect to the Transfer Pricing, there is a reference in the Income Tax Act to the application of the “arms length principle� which states that the company in doing transactions with a related party or branch must conduct the transactions as if it was with an unrelated party. However, the current provisions are considered inadequate to deal with the number of inter-group and intra-group transactions. Thin Capitalization rules speak to how companies are capitalized, that is, the debt to equity ratio. The proposed legislation is intended to introduce anti-avoidance measures which will assist with more accurate assessments and audits of taxpayer income, which should ultimately result in minimizing tax evasion and revenue leakage.
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TAXATION BULLETIN-REVENUE MEASURES 2013/2014
7 – APPENDIX I: PROPOSED CUSTOMS ADMINISTRATION FEE (CAF) STRUCTURE Description Processing Fees AEO Entry Processing Fees C78X Entry Regular Entry Processing Fees – LCL/etc Regular Entry Processing Fees- Containers Entry Processing Fee – Vehicles AEO/Site Examination – Containers Port/Warehouse Examination - Containers Examination of LCL (Includes Pallets, Skids, D & E Containers but excludes Barrels, Small Cartons or other small personal shipments) Examination of Bulk Cargo (per ship excluding commodities already stated in this schedule) Processing Fee for Cigarette Entries – per stick Processing Fee for Tobacco Entries – per kg C7 C15 C24A C24B
C25 C26 C27 C28 C32 C33 C36 C43 C44 C73 C82 C83 C88
Application to load or unload cargo at a sufferance wharf Application to amend report Provisional Entry Bill of Sight – Regular Pallets/Skids/D-Containers Containers Temporary Import Application to remove goods under bond prior to entry Unaccompanied Baggage Declaration Refund of duties paid twice/over payment Request repack warehouse goods Application to remove goods for re-warehousing Trans-shipment Shipping Bill Temporary Export Proceeds of Sale Private Warehouse Fees Authorization of a person act for another Shipping Bill for Export Import Entry Letter Clearance Customs Brokers Licensing Fee (New & Renewal) – Individual Customs Brokers Licensing Fee (New & Renewal) – Body Corporate Denovo Entries
Proposed New Fee Structure J$20,000.00 J$2,500.00 J$5,000.00 J$15,000.00 J$55,000.00 J$25,000.00 J$20,000.00 J$2,500.00
J$1,000,000.00 J$1.00 J$600.00 J$10,000.00 J$1,000.00 J$5,000.00 J$2,500.00 J$5,000.00 J$25,000.00 J$10,000.00 J$10,000.00 J$1,500.00 J$ 5,000.00 J$10,000.00 J$10,000.00 J$ 3,500.00 J$ 3,500.00 J$ 5,000.00 J$75,000.00 J$ 5,000.00 J$ 3,000.00 J$ 2,000.00 J$10,000.00 J$20,000.00
J$25,000.00 J$ 5,000.00
N.B. Any processing fees not listed above but are permissible under the Customs attract a fee of $2,500.
Act will
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