2018柬埔寨税务简报（英文版）

报告摘要

Summary of International Tax Cambodia Highlights 2018

Core Content Overview

This document provides a comprehensive overview of the corporate and personal taxation systems in Cambodia, including accounting principles, tax rates, incentives, and compliance requirements. It also outlines key taxes such as value-added tax (VAT), withholding tax, and stamp duty, along with anti-avoidance rules and tax treaty information.

Corporate Taxation

Taxation Basis

Resident taxpayers are subject to tax on worldwide income.
Nonresident taxpayers are taxed only on Cambodian-source income.

Taxable Income

Taxable profit is calculated as the difference between total revenue (including capital gains and passive income) and allowable expenses.
Tax on profits is generally at 20%, with some industries (e.g., oil, natural gas, natural resources) taxed at 30%.
QIPs (Qualified Investment Projects) are taxed at 0% during the tax exemption period.

Dividends

Dividends paid to Cambodian shareholders are not taxable.
Dividends from untaxed retained earnings (e.g., from QIPs during tax holidays) are subject to ATDD (Additional Tax on Dividend Distributions) at 20%.

Capital Gains

No separate capital gains tax; gains on fixed assets or shares are taxed at 20% on the higher of contract price or market value.
Also subject to minimum tax.

Losses

Tax losses can be carried forward for up to five years, subject to conditions (e.g., no ownership changes).
No carryback of losses.

Withholding Tax

Dividends: 14% on nonresident shareholders, no tax on resident shareholders.
Interest: 14% on nonresidents, 15% on residents (except banks and financial institutions).
Royalties: 14% on nonresidents, 15% on residents.
Technical service fees: 14% on nonresidents, 15% on residents (with exemptions).
Rental payments: 14% on nonresidents, 10% on residents.
Branch profits: Subject to 14% withholding tax if remitted to a foreign head office.

Other Taxes

Real property tax: 0.1% on immovable property over KHR 100 million, 10% on rental income, 2% on unused land.
Social security: Employers with 8+ employees pay 0.8% occupational risk contributions and 2.6% HCB contributions.
Stamp duty: Applies to legal documents, share transfers, and certain contracts. Rates vary (e.g., 0.1% on share transfers, 4% on asset transfers).
VAT exemption: Available for 100% export-oriented enterprises in special economic zones on raw material imports.

Personal Taxation

Taxation Basis

Resident employees are taxed on worldwide income.
Nonresidents are taxed only on Cambodian-source income.

Residence Definition

Residents are individuals who are domiciled or reside in Cambodia for more than 182 days in a 12-month period.

Taxable Income

TOS (Tax on Salary) applies to salaries received for employment in Cambodia.
Includes wages, bonuses, overtime, fringe benefits, etc.
Fringe benefits are taxed at 20%.

Deductions and Allowances

Each dependent receives an allowance of KHR 150,000.
Certain income is exempt, such as professional expense reimbursements and limited flat allowances for travel.

Tax Rates

Progressive rates from 0% to 20% apply to residents.
Nonresidents are subject to a flat rate of 20%.

Anti-Avoidance Rules

Transfer pricing: Guidelines are provided under a prakas, requiring compliance with the arm's length principle.
Five OECD transfer pricing methods are recognized, but no guidance on selecting the most appropriate method.
Thin capitalization: A 50% cap on interest deductions relative to net noninterest income.
No controlled foreign company rules.

Compliance Requirements

Tax year: Default is calendar year; a different tax year requires GDT approval.
Consolidated returns: Not permitted.
Filing: Annual corporate income tax must be filed within three months after year-end; monthly returns are required.
Penalties: Apply for late filing, fraudulent returns, and underpayment of taxes (up to 40% penalty + 2% monthly interest).
Tax rulings: Available but time-consuming to obtain.

Value Added Tax (VAT)

Taxable supplies include goods and services, except for primary financial services, public postal services, medical services, insurance, nonprofit activities, etc.
Standard rate: 10%; some supplies are zero-rated or exempt.
Registration: Required for all taxpayers making taxable supplies.
Filing: Monthly; VAT must be paid by the 20th day of the following month.

Tax Authorities and Contacts

Tax authorities: General Department of Taxation (GDT) and Ministry of Economy and Finance.
Tax treaties: In effect with Singapore and Thailand; Brunei and China have signed but are not yet in force.
Contact: Thomas McClelland (tmcclelland@deloitte.com) and Kimsroy Chhiv (kchhiv@deloitte.com).