Skip to main content

Do you know your rights as a Taxpayer?

We all are aware that taxes needs to be paid on any income earned from the income generating activities. There is no way we can remain untouched. There is a famous quote that only two things are certain in this life 1) Death 2) Taxes

There is huge compliance cost when it comes to taxation. Keeping a proper books of accounts, making sure that it is auditable and filing of periodic tax return. It notly only takes a lot of your time, money but also gives us a fear whether we haave done everything rightly or not? Whether there will be finess and penalities? 

I have seen people who are actually afraid to face tax officers and right letters to tax department. Most common reason is fear. We fear that anything we do or say will be held against us. We fear that we will not be given an opportunity to explain. But, that is not so true. Nepalese Income Tax Act, 2058 has assured certain rights for every taxpayer. These are fundamentals rights which we can exercise:

1) Right to respectful behavior

2) Right to receive any information related to tax as per the prevailing laws

3) Right to get an opportunity of submitting proof in tax matters

4) Right to appoint lawyers or auditor's for defense during tax-related litigation

5) Right to secrecy and to keep it inviolable

However, I feel these are still vague and require simplification. My rationale is that the easier it is to understand and less burdensome it is to comply more voluntary chances for 100% acceptance. Its a change in behavior of the tax office and its officers that would make tax administration more user friendly and approachable to common people. 

Then, I went to do some research on the topic and went through rights secured in some of the developed countries. The one from USA actually helped me retain my position. I really liked the way they have cleared out amibiguity. I was, in fact, impressed that they had even mentioned quality service as the fundamental right. The whole world and tax regime in Nepal would be different if only tax payers are treated as a customer. Here's the fundamentals rights mentioned in Taxpayer Bill of Rights:

1) Right to be informed

2) Right to quality service

3) Right to pay no more than that correct amount of tax

4) Right to challenge the Tax Office (they call it IRS) position and be heard.

5) Right to appeal an IRS Decision in an idependent forum

6) Right to finality

7) Right to privacy

8) Right to confidentiality

9) Right to retain representation

10) Right to a fair and just tax system

In the end, let me put a question to you:

1) How you feel when you visit Tax Office or interact with Tax Officers?

2) Do you feel Nepal Govt. and Inland Revenue Department has done enough to help you secure these rights?

Thanks for going our post. You know by now we are also on Instagram, TikTok and Facebook. Just search for @arthabicharnepal. 

Have a great day.

Comments

Most Viewed

Process of Obtaining Tax Clearance Certificate in Nepal?

A tax clearance certificate confirms that an individual or entity: is in compliance with the Nepalese Income Tax Act, 2058 and its regulations, has submitted the tax return, audit report and necessary schedules, and all the taxes have been duly paid to the Government of Nepal Who issues Tax Clearance Certificate? The Inland Revenue Department (IRD) is authorized to obtain tax clearance certificate on behalf of the Ministry of Finance, Government of Nepal. How do I apply? An application must be filed at the concerned Tax Payer's office with NRs 10 stamp with the following documents enclosed: 1) Entity: Copy of the payment of taxes per Self Assessment submitted to IRD. Copy of the Audit Report duly audited by the member of the Institute of Chartered Accountants of Nepal (ICAN). Copy of the Previous Year Income Tax Return and Copy of Tax Clearance Certificate Obtained if any. Copy of the Permanent Account Number (PAN) Certificate. 2) Individual: In the c...

Tax Collection Agency codes for IRD Offices all over Nepal

Inland Revenue Department Nepal has published the agency codes that shall be used for the collection of direct and indirect taxes for the general public's information. Each code consists of 9 numbers. There are in total 59 agency codes currently in use. From these codes, we can classify that there are four types of IRD offices currently in operation. 1) Inland Revenue Office 2) Tax Payer Service Office 3) Large Tax Payer Service Office, and 4) Medium Tax Payer Service Office When shall you use these codes? It shall be used while choosing the agency where the tax should be deposited while completing the form for depositing the taxes. Agency Code list below: S.N. Agency Code Name Address 1 305011620 Inland Revenue Office Lahan 2 305030201 Tax Payer Service office Phidim 3 305030301 Tax Payer Service office Illam 4 305030401 Tax Payer Service office Khandbari 5 305030601 ...

Takeaways from Nepalese Cooperative Audit Directive, 2075 effective 2075/05/07

Ministry of Agriculture, Land Management and Cooperatives issued a directive to better manage and bring quality and consistency in Audit of Cooperatives in Nepal. The government of Nepal approved the directive effective 2075/05/07 i.e. August 23, 2018. This is pretty important given the fact that Nepal Government has recognized co-operatives one of the pillars for country's development. Not only that, per data published by the Department of Co-operatives, almost 6 million Nepalese people are beneficiary of the co-operative with 34,512 registered and employing more than 60,517 people which is pretty significant. We have tried to present few key takeaways/ highlights of the directive for Nepalese, foreigners and those who are engaged with Cooperatives in one form or another. Hope this article will assist you in compliance and better manage the audit. 1) Furnishing information on Auditor's appointment must be done within 3 days and the following documents must...