Tribhuvan University
Faculty of Management
Office of the Dean
2024 AD / Regular Examination
Candidates are required to give their answers in their own words as far as practicable. The figures in the margin indicate full marks.
Note: Shared Tribhuvan University Faculty of Management Common Board Examination Paper.
Section A
Brief Answer Questions :
[10*2=20]- [2]
Define direct tax with example.
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Definition of Direct Tax
A direct tax is a compulsory financial levy imposed by the government directly upon the income, wealth, or property of an individual or legal entity, where the impact (initial statutory liability) and the incidence (ultimate economic burden) rest upon the very same person. Unlike indirect taxes, direct taxes cannot be shifted or transferred to another party.
- Key Characteristics: Based on the principle of ability-to-pay, progressive in nature, and reduces socioeconomic wealth disparities.
- Examples: Personal Income Tax under the Income Tax Act, 2058, Corporate Income Tax, and Capital Gains Tax.
- [2]
Differentiate between income year and assessment year.
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Income Year vs. Assessment Year
Parameter Income Year (Section 2) Assessment Year Meaning The financial period (1st Shrawan to end of Ashad) in which income is earned. The financial year immediately following the income year in which tax is formally assessed. Activities Earning revenues, maintaining accounting ledgers, and incurring expenses. Filing self-assessment tax returns (by Ashwin end) and tax clearance. - [2]
What do you understand by ‘Canon of Certainty’?
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Concept of ‘Canon of Certainty’ (Adam Smith)
The Canon of Certainty is one of Adam Smith’s four classical canons of taxation, stipulating that the tax which each citizen is bound to pay ought to be certain, clear, and not arbitrary.
Essential Requirements:
- Unambiguous Terms: The time of payment, the manner of payment, the tax base, and the exact monetary amount or percentage payable must be completely clear and known in advance to both the taxpayer and tax administration.
- Prevention of Arbitrariness: Protects taxpayers from official extortion, bureaucratic harassment, and administrative discretion while enabling businesses to calculate tax costs accurately during financial planning.
- [2]
Define Permanent Account Number (PAN).
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Definition of Permanent Account Number (PAN)
A Permanent Account Number (PAN) is a unique, non-transferable, nine-digit alphanumeric/numeric identifier issued by the Inland Revenue Department (IRD) of Nepal to an individual, firm, company, or withholding agent to identify and track their tax records and transactions.
Significance under Income Tax Act, 2058:
- Mandatory Registration (Section 78): Required for all registered businesses, corporate entities, import/export traders, and salaried employees earning taxable compensation.
- Transaction Transparency: Must be quoted on all tax invoices, customs declarations, corporate bank accounts, and annual tax returns, preventing tax evasion and enabling digital cross-checking.
- [2]
Mention any two objectives of an auditing.
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Two Primary Objectives of an Audit
Under modern international and Nepal Standards on Auditing (NSA), the objectives of an audit of financial statements are:
- Primary Objective (Expression of Opinion):
- To obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement (whether due to fraud or error), thereby enabling the independent auditor to express an opinion on whether the financial statements are prepared, in all material respects, in accordance with the applicable financial reporting framework (NFRS/NAS) and present a true and fair view.
- Secondary / Subsidiary Objective (Detection and Prevention of Errors & Frauds):
- To identify, investigate, and deter operational discrepancies, accounting errors (omission, commission, principle), and fraudulent manipulation of books through robust internal controls and audit tests.
- Primary Objective (Expression of Opinion):
- [2]
Mr. Clinton is an American citizen arrived in Nepal on 1st Chaitra and previous income year and stayed in Nepal at the end of Ashad of previous income year. He earned in Nepal Rs 1,000,000.
Required: Residential status and tax liability of Mr. Clinton.
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Residential Status and Tax Liability of Mr. Clinton
1. Determination of Residential Status:
- Under Section 2(ah) of the Income Tax Act, 2058, an individual is classified as a Resident if he/she stays in Nepal for 182 days or more in a continuous 365-day period within an income year.
- Mr. Clinton’s Stay in Nepal: From 1st Chaitra to the end of Ashad (previous income year):
- Chaitra: 30 days
- Baisakh: 31 days
- Jestha: 31 days
- Ashadh: 31 days
- Total Stay:
(approximately 4 months).
- Since
and he has no permanent home in Nepal, Mr. Clinton is a Non-Resident Individual.
2. Computation of Tax Liability:
- Under Section 6(1) and Schedule 1(2)(1) of the Income Tax Act, 2058, non-residents are taxed only on Nepal-sourced income at a flat rate of 25% without any basic exemption or progressive slab relief.
Conclusion: Mr. Clinton is a Non-Resident, his taxable income is Rs 1,000,000, and his tax liability is Rs 250,000.
- [2]
Ms. Dahal has been operating a proprietorship business located at Birgunj Metropolitan City, her sales and taxable income was Rs 3,000,000 and Rs 300,000 respectively. She had adopted to be presumptive tax payer.
Required: Determine the tax liability with explanation as she is a presumptive taxpayer.
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Tax Liability of Ms. Dahal (Presumptive Taxpayer)
1. Statutory Provisions (Section 4(4) and Schedule 1(7)):
A resident individual conducting business who meets all the following criteria may elect to pay tax under the Presumptive Taxation Scheme:
- Derives income strictly from business within Nepal.
- Annual business turnover does not exceed Rs 3,000,000 (30 Lakhs).
- Net taxable income does not exceed Rs 300,000 (3 Lakhs).
- Has not claimed medical tax credit or advance tax credit.
2. Presumptive Slabs by Geographical Location:
- Metropolitan City (Mahanagarpalika) / Sub-Metropolitan (Upamahanagarpalika): Fixed tax of Rs 7,500 per annum.
- Municipality (Nagarpalika): Fixed tax of Rs 4,000 per annum.
- Rural Municipality (Gaunpalika): Fixed tax of Rs 2,500 per annum.
3. Evaluation & Tax Liability:
- Ms. Dahal’s turnover is Rs 3,000,000 (does not exceed Rs 30 Lakhs) and taxable income is Rs 300,000 (does not exceed Rs 3 Lakhs).
- Her business is located in Birgunj Metropolitan City.
- Therefore, her flat presumptive tax liability is:
- [2]
Mr. Sujal is working in a government organization at a regular salary of Rs 50,000 per month. The government has provided him apartment facility for his residence.
Required: Total amount to be included in employment income of Mr. Sujal.
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Amount to be Included in Employment Income of Mr. Sujal
1. Statutory Rule for Accommodation Facility:
Under Section 27(1)(a) of the Income Tax Act, 2058 and Rule 13 of the Income Tax Rules, 2059:
- When an employer provides free or subsidized residential accommodation (apartment/quarters) to an employee, the value of the perquisite to be included in taxable employment income is quantified at 2% of the employee’s basic salary.
2. Computation:
- Monthly Basic Salary:
- Annual Basic Salary:
- Quantification of Accommodation Perquisite:
3. Total Amount Included in Employment Income:
- [2]
Trading organization Supplied the following information: ➤ Opening stock Rs 150,000 ➤ Purchase of raw material Rs 850,000 includes cost of fixed assets 100,000 ➤ Carriage inward Rs 50,000 ➤ Closing stock costing Rs 80,000 but the value of market price Rs 50,000
Required: Cost of Trading Goods.
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Calculation of Cost of Trading Goods Sold
1. Statutory Rules (Section 15 of Income Tax Act, 2058):
- Formula:
- Fixed Assets Capitalization: Costs of fixed assets must be excluded from revenue purchases and capitalized under Section 19.
- Valuation of Closing Stock: Under Section 15(4), closing trading stock must be valued at Cost or Net Realizable Value (Market Price), whichever is lower (LCM principle).
2. Step-by-Step Computation:
- Opening Stock:
- Adjusted Purchases:
- Carriage Inward (Direct Expense):
- Valuation of Closing Stock:
3. Cost of Trading Goods Sold:
Final Answer: The cost of trading goods is Rs 900,000.
- Formula:
- [2]
The following are the details of incoming and outgoing about of various non-chargeable assets of Mr. Puskar for the previous income year.
Gain on sales of shares Rs 1,200,000 Loss from non-chargeable business assets last year Rs 200,000 Purchase of share Rs 1000,000 sold for Rs 1,300,000 (Non-listed – 2 years ago)
Required: Capital gain or loss from non-chargeable business assets and tax liability.
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Capital Gain and Tax Liability of Mr. Puskar
1. Computation of Net Capital Gain from Non-Business Chargeable Assets (NBCA):
- Gain on Sales of Shares (Given):
- Gain on Sale of Unlisted Shares:
- Total Current Year Capital Gain:
- Less: Carried Forward Loss from NBCA: Under Section 31A, losses from investment/NBCA can be set off against capital gains of the same nature:
2. Computation of Capital Gains Tax Liability:
Under Section 95A of the Income Tax Act, 2058:
- Unlisted Shares Gain: Taxed at 10% for individuals:
- Listed Shares Gain (Balance Rs 1,000,000 after Rs 200,000 loss offset):
- For resident individuals holding shares
days: Tax rate is 5%: - (If held
days, the rate is 7.5% = Rs 75,000).
- For resident individuals holding shares
Total Tax Liability:
(assuming listed shares held days). - Gain on Sales of Shares (Given):
Section B
Short Answer Questions (Attempt any SIX Questions ) .
[6*5=30]- [5]
“Vouching is essence of auditing”. Explain.
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“Vouching is the Essence / Backbone of Auditing” — Critical Analysis
The famous legal dictum from the landmark English case Armitage v. Brewer & Knott (1932) established that “Vouching is the very essence and backbone of auditing.” Without thorough, methodical vouching, an audit is superficial and legally defenseless.
1. Meaning of Vouching
Vouching is the meticulous examination by an auditor of documentary evidence (vouchers, invoices, contracts, bank statements, receipts, delivery challans) that supports an accounting entry in the books of original entry, confirming its:
- Authenticity & Validity: The transaction actually occurred for legitimate business purposes.
- Proper Authorization: Approved by authorized managerial personnel within delegated financial powers.
- Accurate Valuation & Arithmetic: Mathematically exact amounts recorded.
- Correct Classification: Properly distinguished between capital and revenue expenditure under applicable accounting standards.
2. Why Vouching is the Essence of Auditing:
- Establishes the Truth of Primary Records: Financial statements are aggregates of ledger accounts, which in turn originate from journal entries. If the underlying vouchers are fraudulent or fabricated, the entire balance sheet is distorted.
- Detects Unrecorded & Fictitious Transactions: Cross-vouching reveals unauthorized payments, duplicate bills, and misappropriations.
- Ensures Proper Period Cut-Off: Confirms transactions are recognized in the correct accounting period.
- Validates Statutory Compliance: Verifies whether proper VAT invoices with PAN were obtained and TDS was deducted as required by law.
Conclusion: Vouching is not mere mechanical paper checking; it is an intelligent, investigative technique that provides the fundamental substantiation upon which an auditor bases their opinion.
- [5]
What do you understand by self-tax assessment? Explain with benefits.
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Self-Tax Assessment under Income Tax Act, 2058
Self-Tax Assessment is a modern, trust-based system where the taxpayer independently calculates their assessable income, allowable deductions, taxable income, and net tax liability, files their annual tax return, and deposits the due tax without waiting for prior intervention or assessment by tax officers.
1. Legal Provision (Section 99 of Income Tax Act, 2058):
- Every person earning taxable income must submit a self-assessment return within three months of the close of the income year (by Ashwin end), extendable by up to three additional months upon formal application under Section 98.
- Upon filing, the return is legally treated as an assessment order issued on that date.
2. Strategic Benefits of Self-Assessment:
For the Taxpayer:
- Autonomy & Convenience: Minimizes administrative harassment and discretionary delays by tax officers.
- Transparent Financial Planning: Encourages disciplined maintenance of books, cash flow forecasting, and accurate tax computation.
- Reduced Compliance Costs: Eliminates lengthy preliminary scrutiny visits.
For the Tax Administration (IRD):
- Administrative Efficiency: Frees up limited tax officers from routine clerical assessment, allowing them to focus on high-risk risk-based audits (Section 100/101).
- Voluntary Compliance: Fosters a culture of mutual trust and civic responsibility.
- Prompt Revenue Mobilization: Ensures advance tax and final tax payments flow into the state treasury systematically.
- [5]
Define tax deduction at sources with example.
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Concept of Tax Deduction at Source (TDS) with Examples
Tax Deduction at Source (TDS) is a statutory mechanism under Chapter 17 of the Income Tax Act, 2058, whereby the payer (withholding agent) is legally mandated to deduct a prescribed percentage of tax at the exact point of crediting or paying specified categories of income to the payee (withholdee) and remit that tax directly into the Government Treasury.
1. Core Objectives:
- Prevents tax evasion and broadens the tax net.
- Provides a continuous, predictable stream of revenue for the state throughout the fiscal year.
- Distributes the tax compliance burden efficiently.
2. Common TDS Provisions and Rates in Nepal:
Category Section Withholding Rate Nature of Payment Employment Income Sec 87 Applicable progressive slabs Advance tax credit House Rent (Institutional) Sec 88 Final withholding (if individual) Service Fees / Consultancy Sec 88 (VAT invoice: ) Advance tax credit Interest from Bank (Natural person) Sec 88 Final withholding Contract Payments (> Rs 50,000) Sec 89 Advance tax credit Dividend from Resident Co. Sec 88 Final withholding
3. Practical Example:
Suppose ABC Pvt. Ltd. hires an engineering consultant, Mr. Sharma, for an infrastructure design project costing Rs 100,000 (non-VAT invoice).
- Under Section 88, ABC Pvt. Ltd. must deduct TDS at 15%:
- ABC Pvt. Ltd. pays net Rs 85,000 to Mr. Sharma.
- The company must deposit Rs 15,000 to the IRD revenue account within 25 days of the following month (Section 90) and issue a TDS certificate to Mr. Sharma.
- [5]
A Trading organization provided the following information:
Year 1 2 3 4 5 6 7 8 9 Profit (loss) (Rs) (260,000) (230,000) (75,000) (50,000) 100,000 (50,000) 300,000 90,000 700,000 On scrutiny, it was found that profit of 6th year was derived after deducting donations Rs 50,000 paid to tax exempt entity. Similarly, the profit of 9th year was calculated before deducting pollution control cost Rs 200,000.
Required: Taxable income with giving explanation wherever is necessary
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Comprehensive Statement of Business Loss Carry-Forward & Taxable Income
1. Statutory Provisions (Section 20 of Income Tax Act, 2058):
- An unrelieved business loss can be carried forward and set off against business income of the subsequent 7 income years on a First-In, First-Out (FIFO) basis.
- Donation Adjustment (Year 6): Under Section 12, donations are deductible only from positive taxable income (up to 5% or Rs 100,000). A donation cannot create or increase a business loss. Therefore, the reported loss of Rs 50,000 in Year 6 caused by deducting Rs 50,000 donation means the adjusted operating loss before donation is Rs 0.
- Pollution Control Cost (Year 9): Deductible under Section 17 up to 50% of Adjusted Taxable Income (ATI) calculated after setting off carried forward losses.
2. Multi-Year Loss Set-Off Tracking Schedule:
Year Reported Profit / (Loss) Adjustments Adjusted Income / (Loss) Loss Absorbed (FIFO) Source of Absorbed Loss Taxable Income Unabsorbed Loss Carried Forward 1 — — — Nil Y1: 2 — — — Nil Y1: , Y2: 3 — — — Nil Y1: , Y2: , Y3: 4 — — — Nil Y1: , Y2: , Y3: , Y4: 5 — From Y1 Nil Y1: , Y2: , Y3: , Y4: 6 Add back donation Nil — — Nil Y1: , Y2: , Y3: , Y4: 7 — Y1: , Y2: Nil Y2: , Y3: , Y4: 8 — From Y2 Nil Y3: , Y4: 9 Before PCC Y3: , Y4: Rs 375,000 All losses fully relieved!
3. Computation of Taxable Income in Year 9:
- Operating Profit before PCC:
- Less: Carried forward losses absorbed (Y3:
+ Y4: ) = - Adjusted Taxable Income (ATI) before PCC:
- Allowable Pollution Control Cost (Section 17):
- Actual incurred:
- Limit:
- Allowable deduction:
- Actual incurred:
- Net Taxable Income for Year 9:
- [5]
Following is the summarized statement of cash concerning class ‘B’ registered auditor for the previous year.
Receipts and payments Account
Receipts Rs. Payments Rs. To Balance b/d 40,000 By Office expenses 100,000 To Consultation fees 280,000 By Office rent 72 ,000 To Audit fees 350,000 By Salary to assistant 84,000 To Interest from bank deposit (net) 28,500 By Life insurance premium (self) 16,000 To Income from writing article 27,000 By Household expenses 42,000 To Interest on investment 40,000 By water and electricity expenses 50,000 By Balance c/d 421,000 To Sale of old newspaper 2,000 To Dividend from resident Co. 17,500 Total 785,000 Total 785,000 Additional information: ➤ Consultation fees include Rs 25,000 relating to next year. ➤ Audit fees include Rs 40,000 related to previous year. ➤ Water and electricity expenses is equally used for office and personal purpose. ➤ Allowable depreciation of fixed assets Rs 10,000.
Required: (a) Net assessable income profession (b) Statement of taxable income
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Statement of Professional & Taxable Income of Class ‘B’ Registered Auditor
(Accounting maintained on a Cash Basis under Section 22)
(a) Net Assessable Income from Profession
Particulars Amount (Rs) Explanations / Statutory Basis Gross Professional Inflows: Consultation fees 280,000 Cash basis: includes Rs 25,000 advance for next year. Audit fees 350,000 Cash basis: includes Rs 40,000 arrears from previous year. Income from writing professional articles 27,000 Professional writing related to auditing/taxation. Sale of old office newspapers 2,000 Incidental professional income. Total Professional Inflows (A) 659,000 Less: Allowable Professional Expenses: Office expenses 100,000 Wholly and exclusively incurred for profession. Office rent 72,000 Wholly incurred for professional premises. Salary to audit assistant 84,000 Wholly incurred for professional operations. Water and electricity charges 25,000 50% allowable (office portion); 50% personal disallowed. Allowable tax depreciation 10,000 Statutory depreciation under Section 19. Total Allowable Deductions (B) 291,000 Net Assessable Income from Profession (A - B) 368,000 Items Excluded:
- Interest from bank deposit (Rs 28,500 net): Final withholding tax (Section 92).
- Dividend from resident Co. (Rs 17,500): Final withholding tax (Section 92).
- Household expenses (Rs 42,000): Personal living cost disallowed (Section 21).
(b) Statement of Total Taxable Income
Particulars Amount (Rs) Net Assessable Income from Profession 368,000 Net Assessable Income from Investment (Interest on Investment) 40,000 Total Assessable Income 408,000 Less: General Deductions: Life Insurance Premium (Self) (Actual Rs 16,000; Limit Rs 40,000 under Sched. 1) (16,000) Total Taxable Income 392,000 (Note: If interest on investment is treated as non-business separate pool, taxable income from profession alone is Rs 352,000).
- [5]
An importer imported an air conditioner from India paying total amount Rs 100,000. No VAT was paid while import. Importer sold to retailer before reaching to final consumer. Both Importer and retailer incurred Rs 5000 for administrative and packaging cost. Profit charged by importer 20% on their cost price but retailer charged 20% on sales price.
Required: (a) Cost price for the final consumer. (b) Amount of VAT collected by the government at each level of sales.
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Comprehensive Statement of VAT on Air Conditioner Import & Distribution
(VAT Rate: 13% under Section 7 of the Value Added Tax Act, 2052)
1. Stage-by-Stage Value Addition Schedule:
Stage 1: Importer
- Import Cost from India:
(No import VAT paid as given). - Administrative & Packaging Cost:
- Total Cost to Importer:
- Profit Margin:
on Cost Price: - Selling Price to Retailer (Excl. VAT):
- Output VAT at 13%:
- Input VAT Paid:
- VAT Payable to Government by Importer:
- Invoice Price to Retailer (Incl. VAT):
Stage 2: Retailer
- Purchase Price (Excl. VAT):
- Administrative & Packaging Cost:
- Total Cost to Retailer:
- Profit Margin:
on Selling Price: () - Output VAT at 13%:
- Input VAT Credit Claimed:
- VAT Payable to Government by Retailer:
- Final Selling Price to Consumer (Incl. VAT):
2. Summary of Required Answers:
- (a) Cost Price for Final Consumer (Incl. VAT):
- (b) Amount of VAT Collected by Government at Each Level:
- Collected from Importer: Rs 16,380.00
- Collected from Retailer: Rs 4,907.50
- Total VAT Received by Government:
(exactly equals 13% on final consumer price excl. VAT).
- Import Cost from India:
- [5]
A trading firm provided the following information with respect to assets of Group ‘D’. ➤ The opening WDV of assets Rs 1,000,000. ➤ During the previous year the company purchased assets as: On Marg Rs 100,000 On Chaitra Rs 300,000 On Baisakh Rs 900,000 ➤ Company disposed off the part of asset during the previous year at Rs 100,000 (book value Rs 80,000). ➤ Repair expenses was incurred during the previous year Rs 130,000
Required: (a) Allowable depreciation for the year. (b) Opening WDV for the next year.
View model solution
Allowable Depreciation & Opening WDV for Block ‘D’ (Section 19 & Schedule 2)
1. Calculation of Absorbed Additions:
Under Schedule 2, Rule 3, additions to depreciable assets are absorbed into the depreciation base based on the time of acquisition:
- Marg Addition (1st Half: Shrawan–Poush):
( ) absorbed: - Chaitra Addition (2nd Period: Magh–Chaitra):
( ) absorbed: (Unabsorbedcapitalized next year). - Baisakh Addition (3rd Period: Baisakh–Ashadh):
( ) absorbed: (Unabsorbedcapitalized next year). - Total Absorbed Additions:
2. Computation of Depreciation Base & Allowable Depreciation:
- Opening WDV:
- Add: Absorbed Additions:
- Less: Disposal Proceeds:
- Depreciation Base:
- Block ‘D’ Statutory Depreciation Rate:
- (a) Allowable Depreciation for the Year:
3. Repair & Maintenance Ceiling (Section 16(2)):
- Actual Repair Expense Incurred:
- Allowable Limit:
- Allowable Repair Expense:
- Excess Repair to be Capitalized:
4. (b) Opening WDV for Next Year:
- Marg Addition (1st Half: Shrawan–Poush):
Section C
Long Answer Questions (Attempt any THREE Questions )
[3*10=30]- [10]
Describe the provision regarding business loss as laid down under the Income Tax Act, 2058.
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Provisions Regarding Set-Off and Carry-Forward of Business Loss (Section 20)
Under Section 20 of the Income Tax Act, 2058, business losses are treated systematically to recognize cyclical commercial risk while preventing tax abuse:
1. Inter-Source and Inter-Head Set-Off (Same Year):
- Within Business: A loss incurred in one business can be set off against the profit of any other business operated by the same taxpayer in the same income year.
- Across Heads: A business loss can be set off against taxable income from investment in the same income year. However, a business loss cannot be set off against income from employment.
2. Carry-Forward of Unrelieved Business Losses (7-Year Rule):
- If a business loss cannot be fully absorbed in the year it was incurred, the unabsorbed loss can be carried forward and set off against profits from any business or investment in the subsequent 7 income years.
- Losses must be deducted on a strict First-In, First-Out (FIFO) basis.
3. Extended Carry-Forward Period (12-Year Rule):
Under Section 20(1) proviso, entities operating in priority national infrastructure sectors enjoy an extended 12-year loss carry-forward period:
- Entities involved in building, operating, and transferring projects in electricity generation, transmission, or distribution.
- Projects constructing public infrastructure (highways, railways, ropeways, bridges, airports).
- Petroleum and mining extraction projects.
4. Special Restrictions and Limitations:
- Change in Control (Section 57): If the underlying ownership of an entity changes by 50% or more within a 3-year period, the entity cannot carry forward past losses incurred before the change in control to set off against future income.
- Foreign Sourced Losses: Losses incurred from foreign operations can only be set off against foreign-sourced income and cannot offset Nepal-sourced profits.
- Losses from Exempt Operations: Losses incurred from tax-exempt entities or activities cannot be deducted from taxable income.
- [10]
What are the difference sources of income that fall under Income Tax Act, 2058?
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Classification of Sources of Income under Income Tax Act, 2058
Under Section 5 of the Income Tax Act, 2058, all taxable inflows of a taxpayer are categorized into three substantive heads of income, complemented by a separate provision for windfall gains:
HEADS OF TAXABLE INCOME (SECTION 5) | +----------------------------------+----------------------------------+ | | | [ Section 8 ] [ Section 7 ] [ Section 9 ] Income from Employment Income from Business Income from Investment (Salaries, perquisites, (Trading, manufacturing, (Dividends, interest, royalties, allowances, bonuses) services, professions) rents, capital gains)
1. Income from Employment (Section 8):
- Definition: Remuneration derived by an individual from past, present, or prospective employment.
- Key Inclusions: Basic wages/salary, dearness and remote area allowances, overtime pay, leave encashment, bonus, employer provident fund contributions, and non-cash perquisites (vehicle at 0.5%, accommodation at 2%, interest subsidies).
- Key Exclusions: Reimbursed travel expenses (TADA), qualifying medical tax credits, exempt terminal benefits up to limits.
2. Income from Business (Section 7):
- Definition: Profits and gains derived by any person conducting a trade, commerce, profession, or manufacturing enterprise.
- Key Inclusions: Service fees, sales turnover, gross trading profits, realized foreign exchange gains, bad debts recovered, and asset disposal gains.
- Deductions Allowed: Wholly and exclusively incurred operating expenses (Sec 13), interest (Sec 14), cost of sales (Sec 15), depreciation (Sec 19), repair up to 7% (Sec 16), pollution control (Sec 17), and R&D (Sec 18).
3. Income from Investment (Section 9):
- Definition: Profits, gains, and yields derived from holding, leasing, or disposing of investments without engaging in active day-to-day business.
- Key Inclusions: Royalties, natural resource payments, machinery letting rent, net investment insurance gains, interest on private loans, and capital gains on non-business chargeable assets (shares and real estate).
- Deductions: Direct expenses incurred in earning the investment income, tax depreciation on leased assets, and carried-forward investment losses.
4. Windfall Gains (Section 88A):
- Lottery winnings, betting, prizes, and game show awards, taxed at a flat 25% final withholding tax.
- [10]
Mr. Basnet furnished the following particulars of his incomes and expenditures for the previous year. ➤ Royalty from the books Rs 68,000 (net). ➤ Dividend from the resident company Rs 95,000 (net). ➤ Compensation received Rs 60,000. ➤ Bad debts recovered (20% not allowed previously) Rs 20,000. ➤ Interest received from unrecognized sector Rs 300,000. ➤ Gain from the investing insurance Rs 190,000 (net). ➤ Amount received for accepting of restriction – investment Rs 50,000. ➤ Rent received for letting out machinery Rs 360,000 (net). ➤ Joint investment income total Rs 200,000. Mr. Thapa is the investment partner with 40% share. ➤ Gain from the government securities Rs 20,000 (net) ➤ Gift from the client with market value Rs 10,000. ➤ Wind fall gain Rs 15,000 (net). ➤ Interest received from bank Rs 95,000 (net). ➤ Payment received from the natural resources after TDS Rs 255,000.
Following expenses are claimed for deduction: ➤ Cost of lottery ticket Rs 1,500 ➤ Natural resources collection charge Rs 5,000 ➤ Royalty collection charge Rs 8,000 ➤ Allowable depreciation and repair of machinery Rs 50,000 and 10,000 respectively ➤ Remote area facilities as per rules, his location lies in remote area ‘C’ ➤ Life insurance premium of his own Rs 45,000 ➤ Rent paid of office Rs 40,000 ➤ Donation paid to public school of Rs 25,000 ➤ House insurance premium paid Rs 12,000 ➤ Medical expenses incurred of his own Rs 10,000. He claimed medical tax credit. ➤ Previous year investment loss Rs 50,000
Required: (a) Net assessable income from investment (b) Statement of total taxable income (c) Tax liabilities
View model solution
Computation of Assessable Income, Taxable Income & Tax Liability of Mr. Basnet
(a) Statement of Assessable Income from Investment
Particulars Gross Amount (Rs) Notes & Statutory Treatment Royalty from books 80,000 Grossed up: (TDS Rs 12,000). Compensation received 60,000 Includible in investment income under Section 9. Bad debts recovered 16,000 Only 80% previously allowed is taxable: . Interest from unrecognized sector 300,000 Fully taxable as investment income (non-bank private lending). Acceptance of restriction on investment 50,000 Includible under Section 9(2)(d). Machinery rent 400,000 Grossed up: (TDS Rs 40,000). Joint investment income (Basnet share: 60%) 120,000 Basnet share is . Payment from natural resources 300,000 Grossed up: (TDS Rs 45,000). Gross Assessable Investment Income (A) 1,326,000 Less: Allowable Deductions: Natural resources collection charge (5,000) Directly incurred to earn natural resource payment. Royalty collection charge (8,000) Directly incurred to collect book royalties. Allowable depreciation of machinery (50,000) Statutory depreciation on rented machinery (Sec 19). Allowable repair of machinery (10,000) Wholly incurred for leased machinery (Sec 16). Office rent paid (40,000) General administrative expense for investment. Total Allowable Expenses (B) (113,000) Net Income before Loss Set-Off 1,213,000 Less: Previous year investment loss (Sec 20) (50,000) Set off against investment income within 7 years. Net Assessable Income from Investment 1,163,000 Excluded Items (Final Withholding or Non-Taxable under Section 92):
- Dividend from resident Co. (Rs 95,000): Final withholding tax.
- Gain from investment insurance (Rs 190,000): Final withholding tax.
- Gain from government securities (Rs 20,000): Final withholding tax for natural persons.
- Gift from client (Rs 10,000): Casual personal receipt.
- Windfall gain (Rs 15,000): Final withholding under Sec 88A.
- Bank interest (Rs 95,000): Final withholding under Sec 92.
- Cost of lottery ticket (Rs 1,500): Disallowed.
(b) Statement of Total Taxable Income
Particulars Amount (Rs) Net Assessable Income from Investment 1,163,000 Total Assessable Income 1,163,000 Less: Allowable Deductions: Remote Area Allowance (Category ‘C’) (30,000) Life Insurance Premium (Actual Rs 45,000; Statutory Limit Rs 40,000) (40,000) House Insurance Premium (Actual Rs 12,000; Statutory Limit Rs 5,000) (5,000) Donation to Public School: (25,000) Total Taxable Income 1,063,000
(c) Computation of Tax Liability (Individual Status):
(Assuming FY 2080/81 Individual Slabs)
- First Rs 500,000 @ 0% (Investment income has no 1% SST): Rs 0
- Next Rs 200,000 @ 10%: Rs 20,000
- Next Rs 300,000 @ 20%: Rs 60,000
- Balance Rs 63,000 (
) @ 30%: Rs 18,900 - Gross Tax Liability:
- Less: Medical Tax Credit:
, subject to statutory maximum: (Rs 750) - Net Tax Liability:
- Less: Advance TDS Credited:
- Royalty TDS: Rs 12,000
- Machinery Rent TDS: Rs 40,000
- Natural Resources TDS: Rs 45,000
- Total TDS:
- Net Tax Payable to IRD:
- [10]
Dr. Shrestha retired as a medical officer from nursing home on 1st Chaitra of previous income year. The nursing home is located at remote area ‘B’. He has submitted the following details of his income for the previous year. ➤ Monthly salary Rs 60,000. ➤ Pension income Rs 40,000 per month. ➤ Remote area allowance Rs 3,000 p.m. ➤ Dashain and tihar allowance equal to one and half month salary. ➤ Dearness allowance Rs 5,000 p.m. ➤ Transportation allowance Rs 2,000 p.m. ➤ Overtime pay Rs 50,000. ➤ Salary in lieu of leave Rs 80,000. ➤ Car and housing facilities is provided by nursing home. ➤ His life insurance premium paid by the employer Rs 50,000 for the insured sum of Rs 300,000. ➤ His contribution to recognized provident fund 10% of salary and employer also contributed equal amount. ➤ Tiffin and meal facility provided by employer at office Rs 5,000 p.m. in equal term to all staffs. ➤ School fees of his daughter paid by employer Rs 2,000 p.m. ➤ During the previous year the employer had sent him to Kathmandu to attend a short-term seminar. For this purpose, he was provided with travelling and daily allowance Rs 35,000 (net) ➤ Royalty income from natural resources Rs 85,000 (net) ➤ Emergency medical treatment expenses paid by employer Rs 480. ➤ Salary from part time lecture Rs 170,000 (net) ➤ Meeting allowance Rs 8,500 (net).
He has claimed the following expenses for deduction: ➤ Donation given to political party Rs 30,000 ➤ Transportation expenses Rs 3,500. ➤ Household expenses Rs 8,000. ➤ Health insurance premium Rs 30,000. ➤ Medical expenses incurred Rs 5,000 of his own. ➤ Advance payment of tax Rs 10,000
Required: (a) Assessable income from employment (b) Statement of taxable income (c) Tax liability.
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Tax Assessment of Dr. Shrestha (Employment & Retirement Income)
Dr. Shrestha retired on 1st Chaitra. Therefore, he served as an active employee for 8 months (Shrawan to Falgun) and was a pensioner for 4 months (Chaitra to Ashadh).
(a) Statement of Assessable Income from Employment
Income Item Amount (Rs) Statutory Basis & Notes Basic salary (8 months) 480,000 . Pension income (4 months) 160,000 (Taxed under Sec 8). Remote area allowance 24,000 . Dashain and Tihar allowance 90,000 . Dearness allowance 40,000 . Transportation allowance 16,000 . Overtime pay 50,000 Fully taxable under Section 8. Salary in lieu of leave 80,000 Encashment of accumulated leave. Accommodation facility (2% of salary) 9,600 (Sec 27(1)(a)). Vehicle / Car facility (0.5% of salary) 2,400 (Sec 27(1)(b)). Employer paid life insurance premium 50,000 Taxable employment perquisite. Employer contribution to RPF 48,000 . Daughter’s school fees paid by employer 24,000 (Direct perquisite). Emergency medical expenses paid by office 480 Perquisite (eligible for medical tax credit). Assessable Income from Employment 1,074,480 Excluded Items:
- Tiffin and meal facility: Provided equally to all staff on similar terms
Exempt under Sec 8(3). - Seminar TADA (Rs 35,000): Actual expenditure reimbursement
Exempt under Sec 8(3). - Part-time lecture salary (Rs 170,000 net): Professional income, not employment income.
- Meeting allowance (Rs 8,500 net): Final withholding tax.
(b) Statement of Total Taxable Income
Particulars Amount (Rs) Assessable Income from Employment 1,074,480 Total Assessable Income 1,074,480 Less: Deductions under Chapter 12 & Schedule 1: Contribution to RPF: (96,000) Remote Area Deduction (Category ‘B’) (40,000) Health Insurance Premium (Actual Rs 30,000; Statutory Limit Rs 20,000) (20,000) Total Taxable Income 918,480 (Note: Donation to political party of Rs 30,000 is not deductible under Section 12; personal transportation and household expenses are disallowed).
(c) Computation of Tax Liability (Individual Status):
(With 25% additional exemption on the first slab due to Pension Income under Section 1(1) proviso: First slab becomes
at 1% SST). - First Rs 625,000 @ 1% SST: Rs 6,250
- Next Rs 200,000 (
) @ 10%: Rs 20,000 - Balance Rs 93,480 (
) @ 20%: Rs 18,696 - Total Tax Liability:
- Less: Medical Tax Credit:
, subject to statutory maximum: (Rs 750) - Net Tax Liability:
- Less: Advance Tax Paid: (Rs 10,000)
- Net Tax Payable:
- Tiffin and meal facility: Provided equally to all staff on similar terms
Section D
Comprehensive Answer/ Case / Situarion Analysis Questions :
[20]- [20]
Mr. Bharat, runs trading organization registered in Value Added Department and furnished following trading and profit and loss account for previous year:
Particulars Rs. Particulars Rs. To Opening stock 95,000 By Sales (including VAT Rs 50,000) 1,950,000 To Purchases 500,000 By Closing stock 55,000 To VAT on Purchase 25,000 To Carriage 150,000 To Custom duty 25,000 To Wages 200,000 To Gross profit c/d 1,010,000 Total 2,005,000 Total 2,005,000 To Salaries 180,000 By Gross profit b/d 1,010,000 To Legal expenses 19,000 By Commission 130,000 To Bad debts expenses 20,000 By Interest on investment 50,000 To General reserve 50,000 By Refund of income tax 20,000 To Pollution control cost 50,000 By Sundry income 25,000 To Depreciation 150,000 By Dividend (Net) 7,500 To Repairs of fixed assets 100,000 By Bad debts recovered 15,000 To Donation paid to public school 50,000 By Amount received for accepting restriction regarding business 40,000 To Life insurance premium (Self) 30,000 To Office expenses 165,000 By Income from natural resources (net) 85,000 To Audit fees 15,000 To Hospitality expenses 20,000 To Advance income tax paid 7,500 To Fine and penalty 25,000 By Income from agriculture 30,000 To Bonus to staffs 35,000 To Interest on loan 50,000 To Advertising 9,000 To Net profit 437,000 Total 1,412,500 Total 1,412,500 Additional information: ➤ Opening stock undervalued by 5% and closing stock overvalued by 10% ➤ Refund of income tax includes Rs 15,000 as refund of custom duty. ➤ Salary includes Rs 30,000 paid to a newly appointed staff without PAN. ➤ 25% of bank loan was used for personal purpose. ➤ Legal expenses included Rs 5,000 for income tax appeal against income tax officer. ➤ Depreciation on car has not been charged in the above statement. The depreciation base of the car was Rs 500,000. ➤ Office expenses include Rs 55,000 costs of patent right with life period of 5 years 8 months. Charge depreciation as per rule. ➤ Sundry income included Rs 5,000 income from interest from bank deposit. ➤ 40% of bad debts recovered was not allowed as deduction in previous year due to the lack of proof.
Required: a. Net assessable income from Business. b. Net assessable income from investment. c. Statement of total taxable income. d. Tax liability. e. Giving explanation wherever necessary.
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Comprehensive Income Tax Assessment of Mr. Bharat (Trading Organization)
(a) Net Assessable Income from Business
Particulars Amount (Rs) Explanations & Statutory Basis Net Profit as per Trading & P/L Account 437,000 Starting accounting profit. Add: Inadmissible Expenses & Incomes to be Added: Sales VAT included in P/L sales (50,000) Sales of Rs 1,950,000 includes VAT Rs 50,000 (Deduct from profit). Overvaluation of closing stock (5,000) Overvalued by 10%: Book Rs 55,000, Actual Rs 50,000 (Deduct). Undervaluation of opening stock (5,000) Undervalued by 5%: Book Rs 95,000, Actual Rs 100,000 (Deduct). VAT on purchases charged in Trading A/c 25,000 Input VAT is credited, not a deductible P&L cost. General reserve 50,000 Reserve/provision disallowed under Section 21. Accounting depreciation charged in P/L 150,000 Replaced by statutory tax depreciation. Repairs of fixed assets charged in P/L 100,000 Replaced by Section 16(2) statutory limit. Donation to public school 50,000 Disallowed in P/L; deducted under Section 12. Life insurance premium (Self) 30,000 Personal expense disallowed under Section 21. Advance income tax paid 7,500 Tax on income is non-deductible (Section 21). Fine and penalty 25,000 Fines for illegal acts are non-deductible (Section 21). Salary paid without PAN 30,000 Prohibited from deduction under Section 21(1). Interest on loan used for personal purpose 12,500 25% of Rs 50,000 is personal; disallowed under Section 14/21. Capitalized patent cost in office expenses 55,000 Intangible asset cost must be capitalized under Section 19. Subtotal of Additions 445,000 Less: Non-Business Incomes to be Deducted: Interest on investment (50,000) Investment income (assessed under Section 9). Refund of income tax (portion relating to income tax) (5,000) Non-taxable capital receipt (Rs 15,000 custom duty refund is business income). Dividend (net) (7,500) Final withholding payment (Section 92). Bad debts recovered not previously allowed (6,000) 40% of Rs 15,000 was disallowed previously; exempt now. Natural resources income (net) (85,000) Assessed under Section 9 as investment income. Agricultural income (30,000) Fully exempt under Section 11 of the Act. Sundry bank interest (5,000) Final withholding under Section 92. Subtotal of Incomes Deducted (188,500) Less: Statutory Tax Deductions: Allowable tax depreciation on Car (Block C: 20%) (100,000) . Allowable tax depreciation on Patent (Block E) (9,706) . Allowable repair expense under Section 16(2) (35,000) . Net Income before Pollution Control Cost 538,794 Less: Pollution Control Cost (Section 17) (50,000) Actual Rs 50,000; Limit is . (a) Net Assessable Income from Business 488,794
(b) Net Assessable Income from Investment
- Interest on investment: Rs 50,000
- Income from natural resources (Grossed up:
): Rs 100,000 - Total Assessable Income from Investment:
(c) Statement of Total Taxable Income
Particulars Amount (Rs) Net Assessable Income from Business 488,794 Net Assessable Income from Investment 150,000 Total Assessable Income 638,794 Less: Deductions under Chapter 12 & Schedule 1: Life Insurance Premium (Self) (Actual Rs 30,000; Limit Rs 40,000) (30,000) Donation to Public School: (30,440) Total Taxable Income 578,354
(d) Tax Liability (Individual Status):
(Assuming FY 2080/81 Individual Slabs)
- First Rs 500,000 @ 0% (Sole proprietorship business): Rs 0
- Balance Rs 78,354 (
) @ 10%: Rs 7,835 - Gross Tax Liability: Rs 7,835
- Less: Advance Tax / TDS Paid:
- Advance income tax paid: Rs 7,500
- Natural resources TDS (
): Rs 15,000 - Total Tax Credits: Rs 22,500
- Net Tax Refundable from IRD: