Witholding of Tax
DATE OF PAYMENT
Prior to the amendment, witholding of tax is only levied on payment of interest when physical transaction is deemed to have been carried out. However, as of the effective date, section 37(7)(b) of the Income Tax Act (Cap 35) deems the interest as having been paid to the non-resident person on the date on which the interest is “reinvested, accumulated, capitalized, carried to any reserve or credited to any account however designated or otherwise dealt with on behalf of the non-resident person” although it is not actually paid over to that person.
With regards to the above paragraph, the taxpayer is required to notify and pay the tax withheld to the Collector of Income Tax within 14 days after the date of payment of income specified in section 9(4) or 9(5) of Income Tax Act (Cap 35).
Filing of Withholding of
Tax should be made through www.ocp.mofe.gov.bn and payment through counter or online banking.
PENALTIES FOR LATE PAYMENT (SECTION 37(4))
Any taxpayer who fails to deduct or pay withholding tax to the Collector of Income Tax within the specified period, shall be chargeable with penalties at the following rates:
(a) A penalty of 5% will be imposed on the tax withheld if it is not received by the Collector of Income Tax within 14 days after the date of payment of income to the non-resident person; and
(b) An additional penalty of 1% will be imposed for each completed month that the tax withheld remains unpaid, up to a maximum of 15% if the tax withheld is not paid over the Collector of Income Tax after 30 days from the date of payment of the income to the non-resident person.
Further guidelines on Withholding of Tax can be obtained in the Public Ruling.