2017缅甸税务简报（英文版）

报告摘要

Myanmar International Tax Highlights 2017 Summary

Core Content Overview

This document outlines the key aspects of the tax system in Myanmar, including corporate and personal taxation, foreign exchange regulations, and compliance procedures. It provides a comprehensive guide to understanding the tax landscape for both domestic and foreign entities operating in Myanmar.

Corporate Taxation

Residence

A company is considered resident if it is formed under the Myanmar Companies Act or other Myanmar laws.
Associations of persons (not companies) are resident if their control, management, and decision-making are wholly in Myanmar.
FIL-registered companies are treated as resident.
Foreign company branches are generally nonresident.

Taxation Basis

Resident companies: Taxed on worldwide income.
FIL-registered resident companies: Not taxed on foreign income.
Nonresident companies: Taxed only on Myanmar-source income.

Taxable Income

Includes income from business, profession, property, other sources, and capital gains.
Calculated after allowable deductions and depreciation.

Tax Rates

General corporate tax rate: 25% for companies under Myanmar Companies Act, FIL enterprises, and foreign organizations with special permission.
Branches of foreign companies: 25% on Myanmar-source income.
Advance corporate income tax: 2% on imports and exports, creditable against final tax liability.

Withholding Tax

Dividends: No tax levied on dividends paid to residents or nonresidents.
Interest: 15% on interest paid to nonresidents; no withholding tax on interest paid to residents.
Royalties: 15% on royalties paid to residents; 20% on royalties paid to nonresidents.
Procurement of goods/services: 2% on payments to residents; 3.5% on payments to nonresidents.

Tax Incentives

FIL incentives: 5 years of tax exemption, exemption for production and reinvested profits, 50% relief on export profits, and special deductions.
SEZ incentives: Tax exemption for 7 years for free zone investors, 5 years for promotion zone investors, and 50% relief for subsequent years if profits are reinvested.

Compliance

Tax year: 1 April to 31 March.
Filing deadline: Tax returns must be filed within three months of the end of the income year (by 30 June).
Capital gains returns: Filed within one month of the disposal date.
No tax audit: Unless fraud is suspected, the IRD typically reviews returns and does not conduct audits.
Refunds: Excess tax paid may be refunded after approval, but the process can take 6–9 months.

Personal Taxation

Residence

All Myanmar citizens are tax residents.
Foreigners are residents if they stay in Myanmar for at least 183 days in the income year.
Employees of FIL companies are treated as resident foreigners.

Taxable Income

Includes salary, capital gains, and other income sources.
Income from professions, businesses, property, or other sources is taxable.

Tax Rates

Progressive rates: 0% to 25%, with 25% applying to chargeable income exceeding MMK 30 million.
Nonresident foreigners: Taxed on Myanmar-source income at the same progressive rates.

Deductions and Allowances

Up to 25% of total income can be deducted for life insurance premiums and donations.
Basic allowance of 20% of each class of income, with a yearly cap of MMK 10 million.
Spouse and child reliefs are available in certain cases.

Compliance

Filing and payment: Employers must deduct income tax from salaries and file monthly statements within 7 days, and annual statements within 3 months.
Other income: Advance tax payments are required, with credit against final tax liability.
Penalties: 10% of taxable income for failure to file; 50% or 100% of additional tax for concealed income, depending on the type of tax.

Other Taxes and Regulations

Foreign Exchange Control

Companies must obtain approval from the Foreign Exchange Management Department for foreign exchange dealings.
FIL-registered companies can repatriate profits and investments in foreign currency with central bank approval.

Other Taxes

Customs duties: Range from 0% to 40%.
Excise duty: Applied to alcoholic beverages.
Social security: Employers contribute 3% of basic salary (capped at MMK 9,000); employees contribute 2% (capped at MMK 6,000).
Stamp duty: Applies to various instruments under the Stamp Act.
No capital duty, real property tax, or inheritance/estate tax.