Lecture 1 - Introduction To Income Tax

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Introduction to Income Tax

1.Principles of PNG Income Tax


What is Income Tax?

Income Tax is a tax on the income of


individuals, companies and other legal
bodies.
The main purpose of income tax is to raise
revenue to finance government expenditure.
Income tax is a direct tax and the tax payer
‘bears the burden’ of tax.
Income tax paid by individual is normally
‘progressive’ in nature.
Income Tax Law
Income Tax Law is a product of income tax
legislation and case law (court decisions).
The Papua New Guinea Income Tax Act was
passed in 1959.
Other income tax laws are;
 Income Tax and Dividend (Withholding)
Tax Act 1984
 Income Tax (Salary or Wages) (Rates) Act
1979
 Income Tax Regulations 1959 as
Terms used in Income Tax
Law
The rules for applying the correct meaning
of words are: the meaning of a word as
applied in normal usage should be used
except where it differs from a general or
specific definition in the Act.
Assessable Income
This is income that is taxable, or
assessable, before any deductions are
made.
Some assessable income are;
 Salary or wages  Partnership Income
 Interest  Rent
 Dividends  Commissions
 Business Gross  Bonuses
Income
Allowable Deductions(s.66-
s.68)
These are sums which are allowed to be
deducted from assessable income in order
to arrive at a figure which represent taxable
income. Most expenditure in profit and loss
statement are allowable deductions. They
are
 purchase of trading stock
 manufacturing, trading and administrative
expenses
 interest, rentals and royalties paid
Taxable Income
This is actual income subject to tax after
allowable deductions have been subtracted.
Taxable Income is quite often different to
‘accounting income’ due to different
treatment on certain items between the Tax
Act and GAAP.
Derived Income
Income must normally be earned/derived to
be subject to tax. Income need not be
actually received to be derived.
The accrual method of accounting is
generally the required basis for the
disclosure of assessable income.
Exempt Income
This is income which is not included in a
taxpayer’s assessable income. However it
must be disclosed in a tax return. They are;
 education allowances, scholarships etc
 export sales of certain qualifying goods
 certain government pensions
 income of religious institutions, hospitals
and charitable bodies.
Non Allowable Deductions
- Capital expenditure
- Loses and outgoings ‘not incurred’
- Loses and outgoings of a private or
domestic nature.
Capital Expenditure

Expenditure of a capital nature (purchase of


machinery) even though incurred in the
course of producing assessable income is
not deductible under the tax act. However
depreciation is allowed.
Losses and out goings ‘not incurred’
Certain expenditure provisions, eg.
provisions made in the company’s accounts
for expected future liabilities or bad debts.
When such liabilities are discharged and
payment is made a tax deduction is allowed.
Loses and outgoings of a
private or domestic nature.
Expenditure on the day to day necessities of
life. eg. Purchase of food, medical expense,
life insurance, expenditure to earn income
ie. travelling expense to work, wages paid to
domestic servants etc.
Permitable Deductions
The Tax Act looks the scope of the activity
to determine whether loss was relevant to
the production of assessable income.
Thus a deduction will be allowed for
business takings lost through robbery or
certain legal costs expenses in refuting
allegations of dishonest business
practices.
Evidence of Expenditure
Before a deduction is allowable, a liability
for the actual expenditure must have been
incurred. Proper record of proof must be
kept by the taxpayer.
PNG Resident and Non Resident
The distinction between a PNG resident and non
resident is important for tax purposes because
they are taxed at different rates.
Residents are taxed on their worldwide income,
whereas non residents are taxed only on their PNG
sourced income.
Normally, person who has lived for at least 6
months can claim, for tax purposes to be a
resident. A resident company is one that has either
its central management and control here or whose
majority of shareholders who control the company
are resident here.
Capital and Income
Before a deduction is allowable, a liability
for the actual expenditure must have been
incurred. It is important that proper record
of proof must be kept by the taxpayer.
Capital and Income
Receipt of capital nature will not under any
circumstances be taxable, because it is not a
receipt of income.
Examples of capital gains
 Sale of private property purchased without
 Sale of private car the intention to sel
 Sale on shares at profit
Capital and Income
The distinction between income and capital
is not always clear.
‘Windfall gains’ are similar to capital gains
and therefore not taxed. Examples are;
 Lottery win
 Betting win by punter
 Gifts from one person to another
Capital and Income
There are two guidelines for deciding
whether a receipt is income or capital:
1. What was the intention of the taxpayer?
2. How often did he conduct the same
transaction?

eg; a win by betting punter and professional


punter or gifts and tips.
Financial Year
‘Year of income’ for tax purposes runs from
1st January to 31st December.
Internal Revenue Commission
The Internal Revenue Commission is
responsible for administering the income
tax system as well as indirect taxes – value
added tax, and customs and excise tax.
There are office branches of IRC in all major
towns. The main office is situated in Port
Moresby in Champion Parade.
Internal Revenue Commission
P.O. Box 777
Port Moresby
The Income Act lays down that officers of
the Internal Revenue Commission must not
reveal information submitted by the
taxpayers in their tax returns (s.9) Also, they
must not assist tax payers to prepare their
tax returns (s.10(2)).
How Taxable Income is
Determined
Gross Income from all sources
Less: exempt income (if any)
= Assessable income
Less: allowable deductions
= Taxable Income

Tax payable will depend on the tax rate


applied, less tax rebates or credits if any.
Example

Kina
Gross Income 20,000
Exempt Income 2,000
Allowable deductions 10,
Tax Rebate 000
Rate of tax 30% 50
Calculation of taxable income and tax payable
Example
Kina
Gross Income 20,000
Exempt Income 2,000
Assessable Income 18,000
Less: Allowable deductions 10,000
Taxable Income 8,000

Tax payable
8,000 x 30% 2,400
Less: tax rebate 50
Net tax payable 2,350
End of Topic 1

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