Your Incomes are Object of Taxation!
Transcription
Your Incomes are Object of Taxation!
Administrata Tatimore e Kosovës Poreska Administracija Kosova Tax Administration of Kosovo YOUR INCOMES ARE OBJECT OF TAXATION! 2014 LET’S WORK TOGETHER! DEAR TAXPAYERS, Tax Administration of Kosovo mission is to collect revenues that enable financing of public services in a fair and transparent way, such as: infrastructure, security, education, health, programs of social welfare etc. Therefore, it is your responsibility that through filing and payment of tax liabilities to support economic development of the country. Our aim is to increase voluntary compliance of tax liabilities; therefore we encourage you to file and to pay your tax liabilities correctly and timely, in order that you do not become subject to penalties. 1 Object of taxation in Personal Incomes The objects of taxation for resident persons are taxable incomes from the source of incomes in Kosovo and the source of incomes outside Kosovo. The objects of taxation for non-resident persons are taxable incomes only from the source of incomes in Kosovo. Pension Contribution Natural persons that create incomes different from economic activity, are obligated to declare and pay Pension Contribution in those incomes minimum five percent (5%) while in a voluntary bases they may declare and pay up to fifteen percent (15%). 2 In a special focus: A. Natural Persons for whom the tax was not withheld; B. Natural Persons for whom the tax was withheld and at the same time they create additional incomes from other sources; C. Natural Persons earning incomes from different sources; and D. Natural Persons – non-residents that earn incomes from different sources in Kosovo. For the purpose of this brochure the natural person means the individual earning personal incomes. 3 THE SOURCES OF INCOMES CREATED BY NATURAL PERSONS Natural persons may create incomes from the following sources: Wages; Offering professional services such as: advisor, lawyer, geodesist, accountant, architect, engineer, supervisor of projects, doctor, artist, sportsperson, singer, painter, composer, trainer etc.; Any other service provided by Natural Persons that is not mentioned above. 4 Tax rates for calculation of tax obligation for the Natural Person’s income Tax rates Monthly income [€] 0% 4% 8% 10% 0 up to 80 80 up to 250 250 up to 450 450 and more Annual income [€] 0 up to 960 960 up to 3000 3000 up to 5400 5400 and more 5 A Natural persons whose tax was not withheld For all of the income created from Natural Person and for whom the tax was not withheld, it is obligated to submit tax declaration until March 31 of the following year. Tax declaration will include all of the income by deducting allowable expenditures. Gross income - Allowable deductions = Taxable income EXAMPLE Natural Person during the year earned income on behalf of wage, and the tax was not withheld by the employer. Monthly wage was determined in amount of 800€, which during the year achieves the amount in total of 9,600€. For the incomes earned, the Natural Person is obligated to declare and pay tax and Pension Contribution based on the following calculation: Annual income ----------------------------------------------------------------- 9,600€ Obligated pension contribution--------------------------- 9,600€ x 5% = 480€ Taxable income --------------------------------------9,600€ – 480€ = 9,120€ Note: Pension Contribution will be recognized as a periodical expense only if it is proofed that as such is declared and paid. Taxable income 0 do 960 960 to 3,000 3,000 to 5,400 5,400 to 9,120 6 Tax base Tax rate 960 2,040 2,400 3,720 0% 4% 8% 10 % Tax obligation for period Personal Income Tax[€] 0.00 81.60 192.00 372.00 645.60 B Natural Persons whose tax was withheld and at the same time create additional incomes from other sources Natural Person, in addition to its wage for which the tax was withheld, creates other incomes, is obligated that until March 31 of the following year to submit tax declaration. Tax declaration will include all of the incomes, allowable expenditures and withheld taxes. Gross income Allowable - deductions = Taxable Incomes x Tax Rate = Tax obligation of the period - Withholding tax = Tax for payment EXAMPLE A Natural Person with a monthly gross salary of 350€ (for whom the tax was withheld) during the year earns other income of 2,500€ from provision of professional services on supervision of construction project. Considering that the Natural Person earns other incomes, it is obligated to submit annually declaration by including all incomes. Tax calculation is done as following: Incomes from the wage (350€ x 12 months) Pension contribution from the employee’s wage (4,200€ x 5%) 4,200.00€ 210.00€ Taxable income from wage (4,200€ – 210€) 3,990.00€ Withholding tax from by the employer Other incomes (project supervision) Obligatory pension contribution (2,500€ x 5%) 160.80€ 2,500.00€ 125.00€ Other taxable income (2,500€ – 125€) 2,375.00€ The total of income (3,990€ + 2,375€) 6,365.00€ 7 Note: Pension Contribution will be recognized as a periodical expense only if it is proofed that as such is declared and paid. Taxable income 0 up to 960 960 up to 3,000 3,000 up to 5,400 5,400 up to 6,365 8 Tax base Tax rate 960 0% 2,040 4% 2,400 8% 965 10 % Tax obligation for the period Withholding tax by the employer Tax for payment Personal income tax [€] 0.00 81.60 192.00 96.50 370.10 160.80 209.30 C Natural persons earning income from different sources All of the income earned by natural persons such as: income from wages, income from different professional services etc. should be subject to personal income tax. The natural person is obligated to submit tax declaration until March 31 of the following year. Tax declaration will include incomes, allowable expenses and withholding tax. 9 EXAMPLE No.1 During the tax period, the Natural Person has earned following incomes: Amount The source of income Income from professional services- architect Income from the rent Income from the interest Total income Withholding tax 6,500€ 2,800€ 1,700€ 11,000€ 0 0 0 0 Since the natural person creates income from different sources for which there was no withholding tax, no declaration and no payment, than this person is obligated to submit annual declaration including all of the income. Tax calculation is done as following: Annual income----------------------------------------------------------------11,000€ Allowable expenditures from the rent------------------ 2,800€ x 10% = 280€ Obligated pension contribution----------------------- 6,500€ x 5% = 325€ Taxable income ------------------------------- 11,000€ –280€ – 325€ = 10,395€ Note: Pension Contribution will be recognized as a periodical expense only if it is proofed that as such is declared and paid. Taxable income 0 do 960 960 up to 3,000 3,000 up to 5,400 5,400 up to 10,395 10 Tax base Tax rate 960 0% 2,040 4% 2,400 8% 4,995 10 % The tax obligation for the period Personal ncome tax [€] 0.00 81.60 192.00 499.50 773.10 EXAMPLE No.2 During a tax period a Natural Person - artist / singer has earned the following incomes: The source of income Income from professional services in Kosovo Income from professional services outside Kosovo Income from rent Income from interest Total income Amount 6,500€ 12,000€ 2,800€ 1,700€ 23,000€ Withholding tax 0 12,000€ x 18% = 2,160€ 0 170€ 2,330€ Since the natural person creates income from different sources for which there was no withholding tax, with an exception for income earned outside Kosovo and income from interest, than this person is obligated to submit annual declaration including all incomes. Tax calculation is done as following: Annual income ----------------------------------------------------------- 23,000€ Allowable expenses from the rent -------------------- 2,800€ x 10% = 280€ Obligatory pension contribution---------------------- 18,500€ x 5% = 925€ Taxable income ------------------------------- 23,000€ – 280€ – 925€ = 21,795€ Note: Pension Contribution will be recognized as a periodical expense only if it is proofed that as such is declared and paid. Also, withholding tax outside country will be accepted only in maximal amount of 10% (tax credit allowed according to the Law on PIT). Taxable income Tax base 0 up to 960 960 up to 3,000 3,000 up to 5,400 5,400 up to 21,795 Tax rate 960 0% 2,040 4% 2,400 8% 16,395 10 % Tax obligation for the period Withholding tax outside country (allowed 10% on max) Withholding tax on interest Withholding tax on total (1,200€+170€) Tax for payment Tax on personal income [€] 0.00 81.60 192.00 1,639.50 1,913.10 1,200.00 170.00 1,370.00 543.10 11 EXAMPLE No.3 The natural person during the tax period has earned income as following: Amount Source of incomes Income from professional services - trainer Income from the rent Income from the rent Total income Withholding tax 7,200€ 3,000€ 1,600€ 11,800€ 684€ 270€ 160€ 1,114€ Since the natural person creates income from different sources for which there was paid and withheld tax, than this person is not obligated to submit annual declaration, but may opt to submit. If it opts to submit annual declaration than the tax calculation is done as following: Annual income -----------------------------------------------------------------------------------11,800€ Allowable expenditures from the rent -------------------------------------- 3,000€ x 10% = 300€ Pension contribution (from the income as a trainer) --------------7,200€ x 5% = 360€ (paid) Taxable income -----------------------------------------------11,800€ – 300€ – 360€ = 11,140€ Note: Pension Contribution will be recognized as a periodical expense e only if it is proofed that as such is declared and paid. Taxable income 0 up to 960 960 up to 3,000 3,000 up to 5,400 5,400 up to 11,140 12 Tax base Tax rate 960 0% 2,040 4% 2,400 8% 5,740 10 % Tax obligation for the period Withholding tax (684€+270€+160€) Refund Personal income tax [€] 0.00 81.60 192.00 574.00 847.60 1,114.00 -266.40 D Natural Persons – non-residents earning income from different sources in Kosovo Natural Persons – non-residents earning income in Kosovo, for whom the tax is not withheld, are obligated that until March 31 of the following year to submit tax declaration and to pay for those income. EXAMPLE A non-resident natural person in Kosovo has earned income in Kosovo from provided services – giving for rent three residential buildings. From these three buildings, gross rent was 3,000€ per month. In total it earns 36,000€. Since Natural Person (non-resident) creates income for which the tax was not withheld, is obligated to submit annual declaration based on the following calculation: Annual income---------------------------------------------------------------36,000€ Allowable expenses from the rent----------------- 36,000€ x 10% = 3,600€ Incomes before tax--------------------------------36,000€ – 3,600€ = 32,400€ Taxable income 0 up to 960 960 up to 3,000 3,000 up to 5,400 5,400 up to 32,400 Tax base Tax rate 960 0% 2,040 4% 2,400 8% 27,000 10 % Tax obligation for the period Personal income tax [€] 0.00 81.60 192.00 2,700.00 2,973.60 13 TAX DECLARATION AND PAYMENT The Natural Person who has earned income (for which the tax was not withheld) it is required to get Fiscal Number in order to declare and pay the tax. Filing annual tax on Personal Income is done through Electronic System – EDI. Also declaration and payment of pension contribution is done through this system. Access in this system is done through the TAK website: www.atk-ks.org. Payment for tax on personal income may be done in one of the authorized banks in Kosovo, through payment-order generated from Electronic System – EDI. The deadline for declaration and payment for personal income tax is from January 1st until March 31 of the following year for the previous year. DECLARE YOUR INCOME ym Pa ent-order 14 EDI Banks cal NumBbe s i F r VOLUNTARY COMPLIANCE Voluntary compliance means declaration and payment of tax obligation from the taxpayer by respecting legal provisions regarding the tax amount that should be paid and by respecting timeframe of payment of this amount, without intervention of TAK. Natural Persons/Taxpayers that voluntary declare and pay their tax obligations in accordance with Tax Legislation are not going to be subject to penalties by TAK. Therefore, we kindly ask all of the Natural Persons/Taxpayers which do not comply voluntary their tax obligation that they should declare and make the necessary corrections to set the real situation on their activities because in this way the Law on Tax Administration and Procedure provides incentives for under-reported additional tax on time. 15 CONSEQUENCES FOR NONCOMPLIANCE OF TAX OBLIGATIONS If Natural Person/Taxpayer fails to comply with tax obligations (by not declaring at all or by under-reporting) than TAK based on her best judgment will make assessment for that person/taxpayer. If TAK will make assessment, in addition to tax obligations there shall be applied punitive measures provided by legal provisions, as follows: Failure to file tax declaration = 5% of tax obligation, maximum up to 25% (5% x 5 months); Failure to pay tax = 1% of tax obligation, maximum up to 12% (1% x 12 months); Interest = 1.25% until the moment of full payment; Under-reporting of tax = 15% or 25% of tax obligation. TAK reminds all Natural Persons/Taxpayers that complying with tax liabilities is a legal obligation, therefore we encourage you to voluntary declare and pay tax! 16 S W E L L E E T P A Y X TAK Contact If you need more information, we encourage you to review the laws and relevant administrative instructions. These are available in our website www.atk-ks.org. If you are not able to find responses in your questions, TAK staff is in your disposal to assist you, therefore please contact the nearest office of TAK. Regions Prishtina-1 Prishtina-2 Prishtina-3 Prizreni Peja Ferizaj Gjilani Mitrovica Gjakova LTD Headquarters Phone numbers 038 / 200-255-02 038 / 200-255-59 038 / 200-255-60 029 / 244-901 0290 / 320-387 028 / 530-059 Address Street: Nënë Tereza, Former Gërmia Building Street: Nënë Tereza, Former Gërmia Building Street: Fehmi Agani - 39 Street: William Wolker - NN Boulevard: Skenderbeu - NN Street: Dëshmorët e Kombit -NN Street: Skenderbeu - NN Street: Agim Hajrizi - NN Street: Nënë Tereza - NN Street: Fehmi Agani - 41 Corner of Streets: Dëshmorët e Kombit and Bill Clinton; 10 000 Prishtinë, Kosovë Address: Corner of the streets Bill Clinton & Dёshmorёt e Kombit 10000 Pristine, Kosovo Tel & Fax:+381 (0)38 200 250 17 & 200 250 07 Email: [email protected]; Web: www.atk-ks.org