FISCAL. Article 03 Tax Fiscal Year Explanation 3.1 Income tax applies to income within a defined period which is the solar year. Except as is provided.

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Presentation transcript:

FISCAL

Article 03 Tax Fiscal Year

Explanation 3.1 Income tax applies to income within a defined period which is the solar year. Except as is provided in Article 3(2) of the Income Tax Law, the taxable year begins on the first day of Hamal and ends with the last day of Hoot of the same year. 3.2 Income belonging to one taxable year may not be included in the income of another taxable year. If a person starts a business during the latter part of one taxable year and continues the business into the following taxable year, the income from the business shall not be combined in computing the person’s tax, even though the person may have conducted the business for twelve (12) months or less in total.

Example:  A company starts a business in the last three months of 1384 and continues the business for nine additional months in The company has no business for the last three months of 1385 nor did it have any other income during Although the company’s business was conducted for a total period of 12 months, the company’s income was earned in two taxable years. Therefore, the company’s tax for each of the years is computed separately. Thus, the company’s business income earned in the three months of 1384 is the company’s taxable income for 1384; and the business income in the nine months of 1385 is company’s taxable income for Article 3(2) allows a legal person to apply, in writing, to the Ministry of Finance for a different taxable year than the standard fiscal year and for the Ministry to grant such an application where the reasons for it are regarded as justifiable.

3.4 The Ministry of Finance will regard an application for an alternative taxable year as justifiable where: a legal person in Afghanistan is a subsidiary organization of a parent organization established outside Afghanistan in a country with a different taxable year, where that parent organization prepares consolidated financial statements for tax purposes in that foreign country, and requiring the legal person in Afghanistan to prepare its financial statements on the basis of the Afghanistan fiscal year would impose significant additional tax compliance costs for that legal person. 3.5 The Ministry of Finance will regard an application for an alternative taxable year by a legal person as not justifiable where the only reason for the application is because the employees of the legal person are paid on a different pay period basis than the fiscal year. The additional tax compliance costs faced by employers in such situations are not regarded as significant enough to warrant the Ministry of Finance having to recognize a different taxable year for the employer (or its employees).

Article 04 Tax Calculation

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