[ provisional tax rules ]
 


What is the provisional tax system?


provisional tax is, in simple terms, a system whereby the tax due for a particular year is collected during the same period in which the income is earned.

the system applies mostly to persons whose sources of income include trade, business, profession or vocation. all companies and bodies of persons who are liable to tax fall under this system.


What is the pt benchmark?

every person that falls within the pt system has a benchmark of his own that varies from year to year. this is equivalent to the tax which was payable during the benchmark year, as resulting from the self-assessment submitted.

the benchmark year of assessment is the last year of assessment in respect of which a tax return was due to be furnished before the commencement of the calendar year in which the first pt instalment for a basis period falls due.

this might sound complicated, but in reality is simply two years back for an individual and a company with a december year-end. so the benchmark year for b/y 2003 is b/y 2001. the above definition gives a different resulthowever, with companies that do not adopt december as their year-end date.

the figure of tax payable must exclude tax paid at source (including provisional tax on capital gains) but must include all other PT payments for the year.

a simple case:

tax payable basis year 2000
lm 1,000
less - provisional tax paid during b/y 2000
lm 300
less - tax at source paid during b/y 2000
lm 200
tax underpaid for b/y 2000
lm 500

the benchmark for basis year 2002 based on the above figures would be lm 800.

when is the pt payment due?

pt is paid in three instalments during a basis period of twelve months from january to december (other rules apply for companies with different accounting dates).

first payment 30 april
this is always the first instalment in the case of individuals and companies with a december year-end. for companies with a different year-end, the first pt instalment will depend on which of the dates comes first during the basis period.
second payment 31 august
this is always the second instalment in the case of individuals and companies with a december year-end. for companies with a different year-end, the second pt instalment will depend on which of the dates comes second during the basis period..
third payment 21 december
this is always the third instalment in the case of individuals and companies with a december year-end. for companies with a different year-end, the third pt instalment will depend on which of the dates comes third during the basis period..

 

what is the amount of pt due for each instalment?

first payment 20% of benchmark (minimum) in the case of individuals, this is always 30 april
second payment 30% of benchmark (minimum) in the case of individuals, this is always 30 april
third payment 50% of benchmark (minimum) in the case of individuals, this is always 30 april

 

other relevant matters

Penalties will be charged for late payments of pt instalments. interest is charged at the rate of 1% per month until payment is done.

the amount of pt payable may be reduced by filling in a pt reduction form. great care has to be taken here as you may incur high penalties for underestimating your eventual tax charge.

if your benchmark is based on a tax statement as estimated by the commissioner, this would be revised as soon as you submit your self-assessment.

if you submit an adjustment form (af1 or af2) to correct your self-assessment that provided the basis of your benchmark, then both your pt benchmark and pt payments would be altered.

during your first year of trading, you are not obliged to pay pt. any tax due would have to be paid by the tax return submission date.

 

 
independent associate member of morison international [HOME] [SITE MAP] [legal disclosure]
© 2003 mahoney & c0. All rights reserved.
developed by thinkdesign