1-What are the sources of income that are subject
to tax?
1) Profits or gains from any work, craft,
business, profession or vocation regardless of
the period during which such work, business, profession,
craft or vocation may have been carried out or
exercised and from any separate transaction or
deal which is considered as trade or business.
2) Salaries, wages, allowances and bonuses received
from any employment including the estimated annual
value of housing or lodging or board or any other
allowance with the exception of the hosting and
representation allowances or part thereof as well
as cost of living and travel allowances provided
that the said allowances have been used for employment
purposes and that the provisions of this paragraph
are organised by instructions issued by the Director.
3) Interests, commissions, discounts, and exchange
differences. Interests and commissions, on doubted
debts of banks, financial companies and specialized
lending companies which are described as pending
interests and commissions shall be taxed in the
year it is received in accordance with the instructions
issued by the Director for this purpose and approved
by the Minister.
4) Earnings accrued from any contract concluded
in the Kingdom such as profits of contracting,
undertakings, tenders, agencies, commissions,
representation, commercial mediation and the like
whether their sources are from inside or outside
the Kingdom.
5) Earnings accrued from any obligation (undertaking)
or annuity as well as income gained from wages
and fees of consultation expertise, arbitration
and the like.
6) Rents from any real estate and others accrued
from immovable properties, dues, installments
and other profits accruing from them. Also incomes
and earnings derived from any property other than
real estates and immovable properties.
7) Key-money or vacating money.
8) Amounts received in lieu of selling, hiring
or concession granted for using any trade mark,
design, patent or copyright and printing or any
other compensation.
9) Income gained from insurance business in all
its forms, land transportation, shipping and air
freight for both residents and non-residents.
10) Sale of assets governed by the rules of depreciation
provided for in this law or transfer of its ownership
through means other than inheritance. Taxable
income from this source shall be determined to
be equal to lower of the depreciation, which has
been deducted under this law or to the profit
realized from sale or transfer or ownership.
11) profits derived from lottaries, prizes, no
less than 1000 JD per prize and 10% from its whole
value is subject to income tax. This tax is deducted
from the payer ans should be paid within 30 days.
This tax shall be paid in compliance with article
38 of this law.
12) Profits or gains derived from any other source
not included in items (1-11) of this subsection,
which have not been explicitly exempted under
this or any other law.
B-1. All incomes, including interests, commissions,
investment returns, profits of trading in currencies,
valuable metals and securities which are realized
outside the Kingdom by any Jordanian or resident
and which are arising from his funds and deposits
inside the Kingdom shall be taxable. Branches
of Jordanian companies operating abroad shall
not be subject to this clause. The income of the
non-Jordanian which is realized abroad from the
investment of his foreign capital, returns, profits
and yields of liquidation of his investment or
sale of his project or share or stocks after moving
them out of the Kingdom according to the provisions
of the Encouragement of Investment Law or any
other effective legislation in the Kingdom, shall
not also be subject to taxation under this clause.
2) (20%) of the net income, after deducting the
foreign income tax, of the Jordanian companies
branches operating outside the Kingdom as declared
in their final accounts which are certified by
an external auditor shall be taxable. In all cases
the net amount resulting from applying that percentage
shall be considered a taxable income to the company
and shall be taxed at the rate for companies as
stipulated in clause (2) of paragraph (B) of article
(17) of this law and no amount or portion of it
may be deducted for any reason.
3) If the taxpayer is a company, income provided
for in clause (1) of this paragraph, shall not
be taxed again under clause (2).
4) The provisions of article (7) of this law shall
not apply to the taxable income under this paragraph.
5) If a loss in incurred at any one year and to
any person who is subject to the provisions of
clauses (1&2) of this paragraph, it will be deducted
from the income in each clause separately, up
to the limits of such income. The balance, if
any, shall be carried forward to the next year
and so on up to six years after the year in which
it has incurred and shall be deducted from the
taxable income of that income, provided that the
taxpayer maintains due and proper accounts.
6) The provision of paragraph (B) shall be applicable
to any Jordanian even if he holds another nationality
in addition to his Jordanian one.
C) Profits earned from exportation shall be deemed
to have been derived in the Kingdom, and the Council
of Ministers, May upon the recommendation of the
Minister, exempt the profits of some exports from
tax wholly or partially.
D) The income of the Jordanian partnership, the
share of partners in a partnership by shares and
a Jordanian limited partnership shall be distributed
among those partners and each partners share from
that income shall be added to his income from
other sources.
E) Despite of any other law, the Council of Ministers
can, upon a recommendation of the Minister, impose
tax on the profits of any investment activity
of any public institution or the surplus of its
annual income, including government public institutions.
2-What are exempted from tax?
A. The following shall be fully exempted from
Income Tax:
1) The official emoluments of the King.
2) The income of Local Authorities.
3) The income of Unions accrued from business
not for the purpose of profits.
4) The income of cooperative societies derived
from a business not for profit purposes.
5) The income of any religious, charitable, educational,
cultural, sport and health institutions of a public
nature accrued from income not for profit purposes
as well as income of charitable (trusts) Waqfs,
and the incomes of the orphanage investments.
6) The income of the exempted and registered company
under the current companies' law which is derived
from executing its businesses outside the kingdom,
excluding incomes derived from other sources subject
to taxation according to this law.
7) The income of the non-profitable company, registered
according enforceable companies law, excluding
incomes derived from other sources subject to
taxation according to this law.
8) Provisions and limits of the persons' income
exemptions in section from 3-7 shall be specified
in accordance with regulation issued by prime
ministry.
9) The shares' profits and shares of the profits
distributed by the company, provided that, an
amount of 25% of the account shall be added to
the person's profits who benefits from these profits
or shares to recover his expenses.
10) The income earned by a blind or a completely
disabled person from craft or employment.
11) The pension salary accorded under the provisions
of law and regulations.
12) Any lump-sum payment received as compensation
or as indemnity for injury, termination of service
or death.
13) The income accrued from land invested in agriculture,
gardening and afforestation or from poultry, cattle,
fish or bees breeding including income from the
transformation of their products by simple manual
labor. 14) The profits of re-insurance companies
accrued from contracts concluded with insurance
companies operating in the Kingdom.
15)a- Capital profits, profits accrued from the
buying and selling of lands, real estate, shares
and bonds are considered part of these capital
profits except for the profits accruing from sale
or transfer of ownership of assets governed by
the rules of depreciation prescribed under this
law, provided that losses arising from the sale
or transfer of ownership of such assets governed
by the rules of depreciation are deducted as soon
as realized. This loss shall be limited to the
lower of the depreciation deducted for the purposes
of this law and the incurred loss. b- 25% from
profits of buying shares and bonds and selling
it at Amman share market and outside it, in addition
to the distribution of the joint investment bank
profits that are being savedin the banks and financial
companies, provided that no amounts of expenses
shall be added to these companies' profits in
order to exempt this percentage of profits
16) The rental value of residential apartments
occupied by their owners, if natural, his wife,
his son or his brother or any of his ancestors
or descendants, or occupied by owners if juristics,
or any of their employees and workers for the
purpose of dwelling with no charge, and in the
latter case, exemption is restricted to the rental
value for the owner and not for the employee or
the worker who occupies it.
17) 15% of rents accrued from leasing buildings
inside the greater Amman municipality, and 30%
of these rents in the remaining areas of the Kingdom.
18) The profits of non operating foreign company
(regional company or representative office) that
derives from its works outside kingdom, as well
as, salaries and wages paid by a foreign company,
to its non-Jordanian employees at its premises
in the Kingdom.
19) The emoluments and allowances paid to diplomatic
envoys, members of the Jordanian consular corporations
and government and public institutions' employees
by virtue of their posts abroad.
B. The following shall be exempted from tax:
1) The income of Public Institutions, with the
execution of their income accrued from rents and
key-money regardless of what is provided for in
any other law, and in compliance with the provisions
of paragraph 13 (A) of this article.
2) The income of any pension or Staff Provident
Fund or any other similar fund if the said exemption
is approved by the Minister.
3) The emoluments and salaries paid to diplomatic
envoys and members of the non-Jordanian consular
corps in their capacities as representatives of
their countries in the Kingdom, and subject to
reciprocal treatment.
4) Salaries and wages paid to non-Jordanian employees
working with Jordanian Diplomatic or consular
offices outside the Kingdom subject to reciprocal
treatment.
5) The interest on treasury bills which are exempted
under the law of public debt, development bonds,
treasury loan debentures, public institutions
bonds and loan debentures, of the public shareholding
company.an amount of 25% will be exempted from
these interests , provided that payment of expenses
shall not be added to profits of these companies
in order to have this prercentage exempted.
6) The distributed profits of debentures bonds
(Al Mukaradah), except banks profits and financial
companies profits, provided that 25% shall be
exempted of these interests, however, expenses
amounts shall not be added to profits of these
companies in order to have this percentage exemopted.
7)a) The interests due to depositors if they are
persons and companies from licensed banks, financial
companies, companies entitled to accept deposits
and specialized credit institutions in the Kingdom.
b) The interests on deposits, at Banks, licensed
financial companies and other companies allowed
to accept deposits, and specialized credit companies
in the Kingdom due to banks and financial companies
gained from the investment of the liquid part
of the paid up capital and reserves and the profits
carried forward on which tax has been paid. Such
an exemption is to be applied for a period of
3 years from the date of establishment if the
said interests have been gained from the investment
of the liquid part of the paid up capital and
reserves and the profits carried forward on which
tax has been paid.
c) Other interests due to banks and licensed financial
companies are taxable irrespective of the provisions
of the Encouragement of Investment Law or the
Housing Bank Law or any other law.
8) The profits on deposits sharing in investments
of banks and financial companies which do not
deal with interest and at the percentage of 9%
per annum from the amount of the deposits.
9) Profits or interests and commissions realized
abroad and derived from non-residents, deposits
in foreign currencies, provided that entry of
such funds to the Kingdom and the deposit thereof
abroad is made in accordance with the regulations
and instructions of the Central Bank of Jordan.
For the purposes of this clause, the amounts of
such funds deposited with the Central Bank of
Jordan in accordance with its instructions shall
be considered as deposited abroad.
10) The income gained from a concession granted
or and agreement concluded by the government and
which has been explicitly exempted from tax by
the terms of the concession or the agreement as
well as incomes exempted from tax by means of
bilateral and multilateral agreements concluded
by the government.
11) The income included in agreements on preventing
double taxation included by the government in-as-much
as stipulated by these agreements.
12) The income explicitly exempted by the Encouragement
of Investment Law and by means of the bilateral
and multilateral agreements of encouraging investment
concluded by the government according to the provisions
contained therein.
13) The income earned from patent or copyright
or reward subject to the Council of Ministers
approval on the exemption.
C.1-Tax-exempt incomes shall bear all expenses
related to them.
2) a- Expenses of tax-exempt investments with
banks, financial companies, companies accepting
deposits, investment bank, savings and loans companies
and specialized loan companies, is determined
by dividing the income derived from the tax exempt
investments by the total income and multiplying
it by the total acceptable expenses under the
provisions of this law with the exception of profits
resulting from the purchase and sale of shares
and other financial investments other than loan
debentures in and outside Amman Financial market,
derived from the investment of funds accumulated
from shareholder's equity less the net fixed assets
as shown in the balance sheet of those parties
where such expenses are determined at the rate
of (50%) of those profits.
b- expenses and payments for the profits of buying
,selling of shares, stocks and free financial
investments within and outside Amman share market,
in addition to distribution of joint investment
bank profits shall be specified at the rate of
25% from these profits derived from investing
the whole amounts of money of share holders' rights,
provided that the net of the basic assets is deducted
from it as illustrated in the persons' budget
that is exempted from para a of this section.
3) The Minister shall issue, upon recommendation
of the Director, instructions implement the provisions
of this paragraph.
-Furthermore, the Council of Ministers may, upon
the recommendation of the Minister and by order
to be published in the Official Gazette, decide
partial or full exemption from tax of the interest
on any loan accorded the public revenues of the
Kingdom or a public institution by resident or
non-resident financing sources. Upon the issue
of such an order, the interest due on the loan
shall be exempted from Income Tax as from the
above date and to the extent specified in the
order. Moreover, In order to determine the taxable
income:
A. The natural resident person shall enjoy the
following exemptions:
- An amount of JD 1000 as a personal exemption,
plus another 1000 JD as for the wife. Provided
that this will not be repeated for both of them.
- An amount of JD 500 for his wife and each one
of his children who is supported by him and for
each of his parents if he supports him.
- An amount of JD 200 for each dependent whom
the taxpayer is required legally to support and
at a maximum of JD 1000. It is required that exemption
on the supported person is not allowed for more
than one taxpayer. It is required for granting
exemption relating to the wife, children, parents
and dependents of the non-Jordanian to be residents
in the Kingdom.
B. The natural non-resident Jordanian person shall
enjoy the exemptions relating to the wife, children
and dependents who are residents in the Kingdom
if that person was responsible for supporting
them.
C. The natural Jordanian person shall enjoy an
exemption of JD (2000) per year if he is a taxpayer
and at the same time a student at a university
or community college or an institute beyond the
level of the general secondary certificate and
does not have a scholarship.
D. The natural Jordanian person shall enjoy an
exemption of JD (2000) per year if he pays for
the education of any of his sons or grandsons
or wife or brother or sister, who are under his
support and have no scholarships and unable to
support themselves and if being a student at a
university or community college or institute beyond
the level of secondary school certificate. If
numerous taxpayers spend for the education of
one student who does not enjoy a scholarship,
the amount of exemption shall be proportionately
divided among them.
E. The council of Ministers should reconsider
the exemptions provided for under this article
once or more each five years in light of the price
index of the cost of living.
3-What are the disbursements and expenses wholly
and exclusively made or incurred for the production
of the total income during the year that shall
be deducted?
A. Murabaha profits or debit interest after excluding
of profits and interest presented under clauses
(7,8) of paragraph (B) of article (7) of this
law which belongs to public shareholding companies,
limited liability companies and foreign companies.
B. Rentals paid.
C. Wages and salaries paid.
D. Taxes and fees paid.
E. Amounts paid by an employer to the Social Security
Corporation for his employees or as a contribution
to a pension and approved by the Minister in the
employees' interest.
F. Termination of service benefits paid.
G. 1) Bad debts arising from any work or trade
or craft or profession even if such debts were
payable prior to the beginning of the year and
each amount recovered in any one year from the
amounts which were previously allowed to be deducted
as bad debts shall be considered as an income
during that year.
2) Any debt or part thereof, shall be considered
a bad debt if it can't be collected due to one
of the following reasons:
- Bankruptcy or insolvency of the debtor
- Making compromise conciliation with his creditors.
- His death without leaving an inheritance sufficient
to wholly or partially repay his debts.
- His disappearance or travel and severance of
his news, while there are no properties to be
sufficient to wholly or partially repay his debts.
- Inability of the debtor to repay despite demands
for payments through available means and the debts
or any part thereof was not covered by adequate
guarantees and the debtor did not have sufficient
movable or immovable properties to be foreclosed
on under a hand written declaration from the creditor
and in the following sequence:
- After the lapse of 12 months from the date of
his notification in writing that he has defaulted
in paying for amounts from JD. 1 to 100,000.
- After the lapse of 24 months from the date of
notifying him in writing that he has defaulted
in paying for amounts from JD 100,001 - 500,000.
- After the lapse of 36 months from the date of
notifying him in writing that he has defaulted
in paying for amounts above JD. 500,000.
3) The Minister shall issue upon recommendation
of the Director instructions to implement the
provisions of this paragraph, including the write-off
of bad debts on annual installments not to exceed
one hundred thousand Dinars, or (25%) of the net
income, whichever is more, before the deduction
of this expense. As for bad debts on which judicial
rulings have issued but were not implemented,
they will be completely deducted in accordance
with the provisions of this paragraph. These instructions
may require maintenance of due and proper accounts
for certain categories of taxpayers.
H. Amounts, expended for the repair of real property,
equipment and machinery or for the renewal, replacement
or alteration of spare parts, tools or materials
used for the purpose of producing the income.
I. Amounts expended on replacement of equipment
and machinery's used in the work and which are
rendered unusable. These are calculated on the
basis of the cost of equipment or machinery replaced
minus the value of selling and the amounts previously
deducted as a depreciation.
J. Depreciation and wear and tear of buildings,
equipment, machinery and furniture owned by the
taxpayer, or those in his possession for the purpose
of owning them soon or in the future and which
are used in generating income will be determined
as a percentage of their original cost as per
instructions issued by the Minister upon recommendations
of the Director and published in the Official
Gazette and should include, among other things,
adoption of the accelerated depreciation method.
When deductions are made, the following rules
should be observed:
1- The value of land should not be depreciated.
2- All information relating to assets for which
depreciation is claimed should be submitted in
accordance with instructions issued by the Minister.
3- The total deduction of depreciation and wear
and tear should not, under this law and other
previous laws, exceed the original cost.
4- If the gross income at any year is less than
the deprecation, the balance thereof should be
carried forward tot he next year or following
years.
K. Establishment and pre-operation expenses including
the feasibility study expenses shall be amortized
over a period to be fixed by the taxpayer but
not exceeding 5 years from the date of earning
profits.
L. The share of the branch in the costs of the
center or Head Office situated outside the kingdom
provided that the permissible amount of deduction
does not exceed 5% of the taxable income earned
by the branch inside the Kingdom.
M. Hosting and travel expenses incurred by the
taxpayer in accordance with instructions and basis
issued by the Director and approved by the Minister.
N. Expenditures incurred from training of employees
and labourers and their medical treatment, meals
during duty, travel, transport and life insurance
against work injuries or death in accordance with
instructions issued by the Director under the
approval of the Minister.
O. Expenses of training, marketing, research and
development in accordance with instructions to
be issued by the Minister upon recommendation
of the Director.
P. Expenses of previous years which were not specific
and final.
Q. Expenses of the previous four years which were
not deducted in those years due to oversight or
error.
-Moreover, Any amount that has been during the
year as a donation for the Government of the Kingdom
or for its Armed Forces or its public institutions
or for its local authorities is permitted to be
deducted from the taxable income during the year
in which the said amount has been paid.
-Any person is permitted to deduct from his taxable
income any amount which he paid in the Kingdom
as a donation or contribution to a charitable
or humanitarian, scientific, cultural or sport
cause, if such cause has been recognized by the
Council of Ministers provided that deductible
amounts under the provisions of this law do not
exceed one quarter of the taxable income before
making this deduction and after making the deduction
provided for in paragraph (A) of this article.
4-What are the deductions that are not permitted?
A. Household, private and personal expenses.
B. The cost of any construction or improvements
which increases the capital value.
C. Amounts withdrawn from capital intended to
be employed as capital in any activity.
D. Any loss or expenses recoverable under an Insurance
Policy or a compensation contract.
E. Any capital loss.
F. Amounts earmarked as compulsory reserve or
optional reserve or any other reserves with the
exception of insurance reserves according to the
instructions issued by the Director.
G. Amounts paid as income tax or social services
tax.
H. Any capital disbursements.
I. Any salaries or wages or any other amount taxable
by the terms of this law, unless tax was deducted
and paid to the Income Tax Department in case
the provisions of this law or any other regulation
issued in that respect stipulate deducting and
paying the tax.
J. Any wages, salaries or any other monies however
cited received by a partner in consideration of
his work in or management of a joint liability
company, or received by the Director who is a
partner thereof, or monies received by a shareholder
in consideration of his work in or management
of any limited private company which exceeds 3,600
Dinars per year for each managing partner or working
shareholder. But this shall not affect the application
of tax on the real amount for wages, salaries
or any other amount received by him from his work
for the company or in its management, and paying
the tax due thereupon according to the provision
of this law provided that the tax due on the excess
amount beyond the JD 3,600, apart from his other
incomes, of that salary or wage or the other amount
shall be deducted from the tax due on that company.
The partners in the joint liability company are
treated on this base, each according to his share
in the company.
5-On what rates the tax on taxable incomes
of any person shall be charged?
- On every dinar of the first 2000 Dinars 5%
- On every dinar of the next 4000 Dinars 10% -
On every dinar of the next 8000 Dinars 20%
- On every dinar of the next 25%
6-On what rates the tax on taxable incomes
of any person shall be charged?
1. At the rate of (15%) of that income generated
from a project in one of the following sectors;
a. Metallurgy
b. Industry
c. Hotels
d. Hospitals
e. Transportation
f. Constructional contracting companies,
2. At the rate of (35%) of that income for banks,
financial companies.
3-at the rate of 25% of that income for:
a-insurance companies.
b- exchange companies and intermediation companies.
c-communications.
d-services and commercial companies and other
companies.
e-for any other corporate person.
f- Tax collected from companies shall be considered
as final and can not be refunded or set-of for
any shareholder or partner in the company under
any one of the provisions of this law.
g- The Minister shall be entitled, upon a recommendation
of the Director, to issue instructions necessary
for the implementation of the provisions of this
article.
7-According to article 26, what is the obligation
of every person, who has taxable source or sources
of income?
Every perwson who has taxable source or sources
of income should submit, no later than the last
day in the fourth month subsequent to his fiscal
year, to the concerned Income Tax Assessing Office
a return including all details relating to his
gross and taxable income and tax due on him from
previous year.
8-What is the obligation of the assessing officer
if he has any reason to believe that the said
Return is partially or wholly incorrect?
-The Assessing Officer is to scrutinize the Return
mentioned under articles 26 which is submitted
by the taxpayer. If he has any reason to believe
that the said Return is partially or wholly incorrect,
he shall send his remarks or comments in writing
to the taxpayer and request him to attend a meeting
that he sets in order to discuss the matter in
question. As a result of this meeting, the following
items are appended:
1. If the taxpayer agrees to amend his return,
tax is determined on the basis of the amended
amount. The taxpayer will be so notified, by written
notice.
2. If the taxpayer refuses to amend return submitted
by him, the Assessing Officer shall estimate the
taxpayer's taxable income and the tax due thereon
in the light of information available to him and
the memo provided for in paragraph (A) of this
article. He should make reasoning for each separate
item of this decision showing the reasons which
made him disbelieve of the taxpayer's view points,
otherwise such item will be considered as agreed
upon and the taxpayer shall be notified of this
in writing and this decision shall be subject
to objection within thirty days from the date
of notice.
B. If no notice has been served to the taxpayer
in accordance with paragraph (A) of the article
disapproving his personal assessment within one
year from the date of receipt of the return submitted
by him to the Income Tax Department then his personal
assessment is considered as approved by the Assessing
Officer. Moreover, In cases when a taxpayer has
not submitted a Return referred to in articles
26 & 27 of this law at the dates fixed therein,
the assessing officer determines the taxable income
of this person in the light of the information
available to him and a notice of the tax due shall
be served upon him.
9-Does the person has the right to object the
decision of the assessing officer in the case
he has not submitted a return?
- Any person who has been subject to tax assessment
under the provisions of clause (2) of paragraph
(A) of article (29) and article (30) of this law
may object to such assessment in writing within
thirty days from the date of serving the notice
of assessment. Such notice must state the grounds
on which he bases his objection.
- If the said objection has been submitted after
termination of the period and if the assessing
officer is satisfied that the person in question
was unable to submit his objection within the
aforesaid period due to his absence from the Kingdom,
sickness or any other reasonable cause, the assessing
officer may extend the said period as may be deemed
reasonable.
-The objector should pay, in advance, on submitting
his objection, a sum equivalent to the amount
of the tax admitted by himself in the statement
of objection.
- On applying the provisions of paragraph (C)
of this article any amount paid by the objector
on the account of the year/years of objection
in any way in accordance with the provisions of
this law including those of article (37) shall
be taken into consideration.
-The objection is to be dismissed if the amounts
specified in paragraph (C) of this article were
not paid.
-The assessing officer summons the objector to
a meeting to consider his objection and the objector
has the right to give evidence of his objection
and the assessing officer has the right to request
the necessary information and details as well
as the necessary records and documents relating
to the income of the objector. The assessor may
question any person that he thinks has information
relating to the assessment in question provided
that the assessing officer does not question the
employee or the client or any other person that
have access to the personal matters of the objector
without the prior approval of the latter.
-If the assessing officer agrees to the amount
stated by the objector, the assessment shall be
amended accordingly.
-If the assessing officer does not give his consent
as referred to in the preceding paragraph of this
article he may issue a reasoned decision confirming
the assessment objected to or may reduce, increase
or cancel it. The decision made in accordance
with the provisions of this paragraph shall be
subject to appeal.
-In all cases, the assessing officer shall notify,
in writing, the objector about the outcome of
his objection.
10-what is the the tax competent court that
reconsider appeals against assessment orders and
decisions which are allowed to be appealed under
the provisions of this law?
A. (The Income Tax Court of Appeal) shall be constituted
within the Ministry of Justice and established
in Amman, hold its sessions in Amman or at any
other place that it deems fit. It iscompetent
to reconsider appeals against assessment orders
and decisions which are allowed to be appealed
under the provisions of this law. It shall be
composed of a President Judge whose rank is not
below the grade 2, and 2 other judges as members
the rank of each is not below the grade 4, and
all of whom shall be subject to the legal provisions
and conditions applicable to regular judges. The
said court shall commence to exercise its competence
in accordance with this law and the regulations
enacted thereunder as well as the provisions of
Code of Civil Procedures and shall hold its hearings
at its premises
B.1- Income tax appeals submitted to the above-mentioned
Court shall be treated as urgent cases and pleadings
shall be heard not in public unless the court
rules otherwise. The person who issued the assessment
decision or reassessment decision, as the case
may be, shall be cited as the defendant.
2-its permissible for the director by agreement
with the appealing person to resolve some of the
cases by conciliation before issuing a final rule,
in this case the court shall certify this solution
and consider ir it final rule m ruled by it.
3-the director shall designate in writing or assigns
legal assessing officers, to represesnt the department
in cases by defending , submitting arguments,
demands, recommending for director to conciliate
in some cases, and they have the authority of
the deputy for the civil public lawyer according
to law of constitution of regulatory courts in
force.
4-notwithstanding any other stipulation in any
other legislation, the half of the assessing officer
period of servises shall be considered a jidicial
service according to the provisions of judicial
independence law law bar law , provided that this
service shall noe less than 3 consecutive years
preceding or following the issuance of this law.
C.1) Prescribed fee for each year shall be collected
separately.
2) The appealant must state in his statement of
appeal the amount of the assessed tax which, he
admits for each year and must submit to the Court
with his statement of appeal a receipt of payment
of that amount or the amount approved by the Director.
Failure to pay the aforesaid amount as therein
prescribed shall be cause to dismiss the appeal.
D. The onus of proving that the assessment for
which the appeal has been filed is excessive,
shall be on the appealant. It shall not be permissible
to prove any facts which were not claimed before
the respondent whose decision is contested.
E. The Court may approve, reduce, increase or
cancel the assessment, or it may remit the case
to the defendant to make a re-assessment .
F. Where an appeal against an order or assessment
issued under the provisions of article (33) of
this law is submitted by a taxpayer who had already
submitted an appeal against an order made by the
assessing officer and where both appeals relate
to the same year of assessment, the court shall:
1) Consider the new appeal submitted and drop
the appeal previously submitted against the assessing
officer.
2) Require payment by the appellant of the difference
between fees due on such appeal and those due
or paid in respect of the appeal previously submitted
against the decision of the assessing officer.
G. With the exception of what is provided for
in items B, C of paragraph (2) of article (10)
of "The Establishment of Civil Courts Law" No.
(26) for the year 1952, every judgment or order
issued by the Court in this regard shall be final
and not subject to cassation unless the amount
of income tax assessed by the assessing officer,
Minister or the person authorized by him exceeds
1,000 Dinars before any setting-off is made.
H. The assessing officer shall notify the taxpayer
in writing of the amount of tax due in accordance
with the court judgment.
I-1- if the appeal has been dropped temporarily
due to absence or other reason , its permissible
renew the appeal application within 30 days from
the date the department report to the taxpayer
of the decision of court, and the appealed decision
shall gain the final degree if its not renewed
within this period.
2-its prohibited renewing the appeal that has
been dropped twice for the same reason.
3-if the appeal has been stopped for the death
of appellant or the lack of legal capacity or
elimination of the characteristic for the person
who represent the appellant, the proceeding in
case procedures has to be continued within year
from the date of reporting to the taxpayer or
the heritage collectors or whom legally replace
them, and anything contrary to that the decision
shall gain the final degree.
11-What are the concequenses of not paying
the tax within the prscribed time?
-If the tax is not paid within the period prescribed
under this law, an additional amount of 1.5% shall
be added to the amount of unpaid tax for each
month of delay. The provisions of this law relating
to the collection of taxes shall be applicable
to the collection of this additional amount.
b-The additional amount paid under the provisions
of this article is not considered as part of the
tax.
c- the fines and any additional sums stipulated
in this law shall be considered a civil compensation
for department.
d- the minister upon recommendation from director
, may issue istructions that allow paying taxes
or the required payments on the account of tax
, in addition to pay fines and additional sums
on a specified installments , provided that a
yearly interest of 9% shall be added to the account
of these installments.
-If the tax and additional sums and fines were
not paid within the period prescribed under the
provision of this law, the assessing officer shall
notify the taxpayer by means of a memo requesting
him to pay the tax due on him within a period
stipulated by the assessor. If payment is not
effected within the period prescribed in the said
memo, the assessing officer may proceed forthwith
to enforce payment in accordance with the provisions
of the Law of Collection of Government Funds in
force, and shall, in such a case exercise the
powers vested in the Administrative Governor,
and the Committee for the Collection of Government
Funds provided for under the aforementioned law.
12-What are the penalties stipulated in this
law for committing tax offences?
-Any person who willfully evades or tries to evade
the payment of tax or who helps or urges others
to evade payment of tax by willingly committing
any of the following acts:
A. Submits an incorrect statement of account by
omitting therefrom or understating therein or
not mentioning any income or part of any income
in respect of which he is required under this
law to submit and which substantially affects
the amount of tax due on him.
B. Makes a false statement or a fictitious or
incorrect entry in any Return of statement submitted
under this law.
C. Prepares, keeps or allows the preparation of
any fictitious or false books, accounts or records
or falsifies or allows the falsification of any
books, accounts or records, or hides or destroys
wholly or partially, such books, accounts or records
with the intention of concealing any income taxable
under this law, or any part of such income, or
to evade the payment of tax wholly or partially
or to obtain illegally an exemption, reduction
or set-off permissible by law.
D. Resorts to any fraud or deceit of any kind
or allows the use of such means to evade the payment
of tax or to reduce its amount in any way.
E. Refrains to provide information requested from
him or provides incorrect information or data
in respect of any event or matter or issue which
may affect his liability or that of any other
person for paying the income tax or undermining
the amount of such tax.
F. Gives any false reply in writing, to any question
or request addressed to him for the purpose of
obtaining information or statements required under
this law with the intention of evading the payment
of tax wholly or partially. When convicted of
each of these offences, the person involved shall
be liable to imprisonment for a period ranging
between one week to one year, or to a fine of
not less than 100 Dinars and not more than 500
Dinars. He shall also, in any case, be liable
to pay double the amount which he attempted to
evade.
G- seize to provide return statement stipulated
in article 26 of this law and was one of the obliged
categories to provide legal return statement after
reporting to him the necessity to provide it by
means of reporting pointed out in article 25 of
this law.
-Any person who commits any offence in violation
of the provisions of this law or any of the regulations
enacted thereunder, or fails to comply with any
of the provisions of such regulations shall, if
no special penalty has been provided for such
violation or default, be liable upon conviction
to a fine of not less than 100 Dinars or to imprisonment
for a period not exceeding one month.
-The Director may effect a settlement of any act
committed in violation of the provisions of this
law against payment of a fine to be determined
by him. He may, before the final judgment, stop
any proceeding taken thereunder and make a settlement
regarding such violation.
-Notwithstanding what has been provided in any
other law, the public case law suit shall be dropped
in crimes stipulated in this law by elapsing 3
years from occurrence of violation to its provisions
if it has been disregarded. -Proceedings taken
in relation to penalty, fine or imprisonment under
this law shall not drop any person's liability
to pay the tax.
-If any of the above acts is considered as an
offence penalised more severely under the provisions
of any other laws, the provisions of the said
law shall be applicable to this offence.
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