- Preamble
- Section 1 Short title and commencement
- Section 2 Definitions
- Section 3 Tax to be levied
- Section 4 Computation and rate of tax
- Section 5 Taxable income and classification of income headings
- Section 6 Assessable income
- Section 7 Computation of income from business
- Section 8 Computation of income earned from employment
- Section 9 Computation of income earned from investment
- Section 10 Exemptible amounts
- Section 13 General deduction:
- Section 14 Interest deduction:
- Section 15 Allowances for cost of stock-in-trade:
- Section 11A Tax on construction and operation of infrastructure
- Section 16 Repair and maintenance expenses:
- Section 17 Pollution control expenses:
- Section 18 Research and development expenses:
- Section 11 Professional discounts and benefits
- Section 19 Depreciation deduction expenses:
- Section 12 Donation, gift given to organizations entitled to tax exemption:
- Section 19A Exemption of special expenses for providing employment
- Section 20 Loss from business or investment:
- Section 21 Expenses that may not be deducted:
- Section 22 Method of tax accounting:
- Section 23 Cash basis accounting:
- Section 24 Accrual basis accounting:
- Section 25 Reverse of the amounts including bad debts:
- Section 26 Method of deriving the average of the amounts includible and deductible under a long-term contract:
- Section 27 Quantification of amounts:
- Section 28 Conversion in money:
- Section 29 Indirect payments:
- Section 30 Investment under joint ownership:
- Section 31 Characterization of payment for compensation:
- Section 32 Characterization of payment under annuities, installment sale and financial lease:
- Section 33 Price transferring and other arrangements between associated persons:
- Section 34 Division of income:
- Section 35 General rule against tax avoidance:
- Section 36 Net profits from property and liability:
- Section 37 Profit and loss made from property and liability:
- Section 38 Expenses and net expenses for property and liability:
- Section 39 Income and net income for property and liability:
- Section 40 Disposal of property or liability:
- Section 41 Disposal along with retention of property or liability:
- Section 42 Disposal through installment sale or financial lease:
- Section 43 Transfer of property to husband, wife or former husband, wife:
- Section 44 Transfer of property after death:
- Section 45 Transfer between associated persons and other non-market transfers:
- Section 46 Involuntary disposal of property or liability with substitution:
- Section 47 Disposal upon amalgamation of property and liability:
- Section 48 Disposal of property and liability through division:
- Section 49 Disposal through allocation of incomes and expenses:
- Section 50 Spouse:
- Section 51 Tax adjustment for medical treatment:
- Section 52 Principles of taxation applicable in respect of entities:
- Section 53 Distribution by entity:
- Section 54 Tax in dividend:
- Section 55 Dissolution of entity:
- Section 56 Transaction between entity and beneficiary:
- Section 57 Change in control:
- Section 58 Provision restricting reduction of dividend tax:
- Section 59 Banking business:
- Section 60 General insurance business:
- Section 61 Investment insurance business:
- Section 62 Amount received from insurance:
- Section 63 Approval of retirement fund:
- Section 64 Tax in retirement fund:
- Section 65 Retirement payments:
- Section 66 Expenses and incomes for interest in retirement fund:
- Section 67 Source of income, loss, profit and payment:
- Section 68 Foreign permanent establishments:
- Section 69 Controlled foreign entities:
- Section 70 Tax chargeable on non-resident person providing water traveling/rafting, air transport or telecommunications service in Nepal:
- Section 71 Foreign tax adjustment:
- Section 72 Department:
- Section 73 International agreements:
- Section 74 Taxpayer's rights:
- Section 75 Public circular:
- Section 76 Advance ruling:
- Section 77 Format of documents:
- Section 78 Permanent account number:
- Section 79A Permanent Account No. Deferral
- Section 79 Service of documents:
- Section 80 Defective documents:
- Section 81 To maintain records or documents:
- Section 82 Powers of Department to obtain information:
- Section 83 Power to obtain information by notice:
- Section 84 Governmental secrecy:
- Section 85 Time, place and mode of payment of tax:
- Section 86 Evidence of payable tax:
- Section 87 Withholding of tax by employer:
- Section 88 Withholding of tax in making payment for investment return and service charge:
- Section 89 Tax withholding in making payment of contraction or contract:
- Section 89A Tax deduction on payment of value added tax invoice
- Section 94 Payment of tax in installment:
- Section 90 Statement and payment of tax withheld:
- Section 95 Return of estimated tax to be paid
- Section 91 Tax withholding certificate:
- Section 96 Income return:
- Section 92 Payment from which tax is withheld finally:
- Section 97 Submission of income return not required:
- Section 93 Adjustment facility and inclusion of tax not to be withheld finally:
- Section 98 Extension of time-limit for submission of income return:
- Section 99 Assessment of tax:
- Section 100 Self-assessment of tax:
- Section 101 Amended tax assessment:
- Section 102 Tax assessment notice:
- Section 103 Security for tax payable by withholding:
- Section 104 Lien over property:
- Section 105 Auction sale of the claimed property:
- Section 106 To prevent departing from the Nepal:
- Section 107 Officer employee of entity to be made responsible:
- Section 108 Recovery of tax from recipient:
- Section 109 Recovery of tax from the person liable to pay tax:
- Section 110 Recovery of tax from the agent of a non-resident person:
- Section 111 Institution of case on failure to pay tax:
- Section 114 Decisions subject to administrative review, and procedures:
- Section 112 Remission:
- Section 115 Application for administrative review:
- Section 113 Tax refund and adjustment of amount:
- Section 116 Appeal in the Revenue Tribunal:
- Section 117 Fees to be charged in cases where documents are not maintained or return or income return is not submitted:
- Section 118 Fees to be charged in cases where the person making payment in installments makes lesser payment of estimated tax:
- Section 119 Interest to be charged in cases where tax is not paid:
- Section 120 Fee to be charged on the person who submits false or misleading statement:
- Section 121 Fee to be imposed on accomplice:
- Section 122 Assessment of fee and interest:
- Section 123 Penalty to one who does not pay tax:
- Section 124 Penalty to one who submits false or misleading statement:
- Section 125 Penalty to one who obstructs or unduly influences tax administration:
- Section 126 Penalty in the event of commission of offence by the person with or without authority:
- Section 127 Penalty to accomplice:
- Section 128 Penalty to one who does not observe the Act:
- Section 129 Power of Department to pay amount of fine:
- Section 130 To be state cases:
- Section 131 Investigation and filing of cases:
- Section 133 Departmental action to be taken:
- Section 134 Identity card of officer:
- Section 135 Powers of court of law to be vested:
- Section 136 Not to be responsible for an act done in good faith:
- Section 137 Power of Government of Nepal to give order or direction:
- Section 138 Power to frame Rules:
- Section 139 Power to make and enforce manuals
- Section 140 Alteration in Schedules:
- Section 141 Police to render assistance:
- Section 142 This Act to prevail on tax provision:
- Section 143 Repeal, amendment and saving:
- Schedule-1 Rates of Tax
- Schedule-2 Assessment of Depreciation Deduction
- Preamble
- Section 10 : Exemptible amounts
- Section 11 : Professional exemptions and facilities:
- Section 11B : Concessions on infrastructure development projects of national importance
- Section 12c : Seed given to start-up businesses
- Section 12B : Expenses contributed to the Prime Minister's Disaster Relief Fund and the Reconstruction Fund established by the Government of Nepal
- Section 11B : Concessions on infrastructure development projects of national importance
- Section 11A : Tax on construction and operation of infrastructure
- Section 11A : Tax on construction and operation of infrastructure
- Section 12A : Expenditure on heritage conservation and sports development
- Section 11 : Professional discounts and benefits
- Section 12 : Donation, gift given to organizations entitled to tax exemption:
- Section 13 : General deduction:
- Section 14 : Interest deduction:
- Section 15 : Allowances for cost of stock-in-trade:
- Section 16 : Repair and maintenance expenses:
- Section 17 : Pollution control expenses:
- Section 18 : Research and development expenses:
- Section 19 : Depreciation deduction expenses:
- Section 19A : Exemption of special expenses for providing employment
- Section 20 : Loss from business or investment:
- Section 21 : Expenses that may not be deducted:
- Section 11A : Tax on construction and operation of infrastructure
- Section 22 : Method of tax accounting:
- Section 23 : Cash basis accounting:
- Section 24 : Accrual basis accounting:
- Section 25 : Reverse of the amounts including bad debts:
- Section 26 : Method of deriving the average of the amounts includible and deductible under a long-term contract:
- Section 27 : Quantification of amounts:
- Section 28 : Conversion in money:
- Section 29 : Indirect payments:
- Section 30 : Investment under joint ownership:
- Section 31 : Characterization of payment for compensation:
- Section 32 : Characterization of payment under annuities, installment sale and financial lease:
- Section 33 : Price transferring and other arrangements between associated persons:
- Section 34 : Division of income:
- Section 35 : General rule against tax avoidance:
- Section 36 : Net profits from property and liability:
- Section 37 : Profit and loss made from property and liability:
- Section 38 : Expenses and net expenses for property and liability:
- Section 39 : Income and net income for property and liability:
- Section 40 : Disposal of property or liability:
- Section 41 : Disposal along with retention of property or liability:
- Section 42 : Disposal through installment sale or financial lease:
- Section 43 : Transfer of property to husband, wife or former husband, wife:
- Section 44 : Transfer of property after death:
- Section 45 : Transfer between associated persons and other non-market transfers:
- Section 46 : Involuntary disposal of property or liability with substitution:
- Section 47 : Disposal upon amalgamation of property and liability:
- Section 47A : Special arrangement due to merger of business
- Section 48 : Disposal of property and liability through division:
- Section 49 : Disposal through allocation of incomes and expenses:
- Section 52 : Principles of taxation applicable in respect of entities:
- Section 53 : Distribution by entity:
- Section 54 : Tax in dividend:
- Section 55 : Dissolution of entity:
- Section 56 : Transaction between entity and beneficiary:
- Section 57 : Change in control:
- Section 58 : Provision restricting reduction of dividend tax:
- Section 67 : Source of income, loss, profit and payment:
- Section 68 : Foreign permanent establishments:
- Section 69 : Controlled foreign entities:
- Section 70 : Tax chargeable on non-resident person providing water traveling/rafting, air transport or telecommunications service in Nepal:
- Section 71 : Foreign tax adjustment:
- Section 72 : Department:
- Section 73 : International agreements:
- Section 74 : Taxpayer's rights:
- Section 75 : Public circular:
- Section 76 : Advance ruling:
- Section 77 : Format of documents:
- Section 78 : Permanent account number:
- Section 79A : Permanent Account No. Deferral
- Section 79 : Service of documents:
- Section 80 : Defective documents:
- Section 87 : Withholding of tax by employer:
- Section 88 : Withholding of tax in making payment for investment return and service charge:
- Section 88A : Karkatti on windfall benefits
- Section 89B : Curtailment of capital gains
- Section 89 : Tax withholding in making payment of contraction or contract:
- Section 89A : Tax deduction on payment of value added tax invoice
- Section 89A : Deduction of tax on gains from naturalization of interests in resident entities
- Section 89A : Tax deduction on payment of value added tax invoice
- Section 90 : Statement and payment of tax withheld:
- Section 91 : Tax withholding certificate:
- Section 92 : Payment from which tax is withheld finally:
- Section 93 : Adjustment facility and inclusion of tax not to be withheld finally:
- Section 110A : Collection of arrears of tax on installments
- Section 103 : Security for tax payable by withholding:
- Section 104 : Lien over property:
- Section 105 : Auction sale of the claimed property:
- Section 106 : To prevent departing from the Nepal:
- Section 107 : Officer employee of entity to be made responsible:
- Section 108 : Recovery of tax from recipient:
- Section 109 : Recovery of tax from the person liable to pay tax:
- Section 110 : Recovery of tax from the agent of a non-resident person:
- Section 110C : The person receiving the actual return is liable to pay the tax
- Section 110B : Tax liability of joint ventures
- Section 110A : Recovery of arrears of tax in installments
- Section 111 : Institution of case on failure to pay tax:
- Section 112 : Remission:
- Section 113 : Tax refund and adjustment of amount:
- Section 117 : Fees to be charged in cases where documents are not maintained or return or income return is not submitted:
- Section 118 : Fees to be charged in cases where the person making payment in installments makes lesser payment of estimated tax:
- Section 119 : Interest to be charged in cases where tax is not paid:
- Section 119A : chargeable
- Section 120 : Fee to be charged on the person who submits false or misleading statement:
- Section 121 : Fee to be imposed on accomplice:
- Section 122 : Assessment of fee and interest:
- Section 123 : Penalty to one who does not pay tax:
- Section 124 : Penalty to one who submits false or misleading statement:
- Section 125 : Penalty to one who obstructs or unduly influences tax administration:
- Section 126 : Penalty in the event of commission of offence by the person with or without authority:
- Section 127 : Penalty to accomplice:
- Section 128 : Penalty to one who does not observe the Act:
- Section 129 : Power of Department to pay amount of fine:
- Section 130 : To be state cases:
- Section 131 : Investigation and filing of cases:
- Section 132 : Power to have expert's service:
- Section 133 : Departmental action to be taken:
- Section 134 : Identity card of officer:
- Section 135 : Powers of court of law to be vested:
- Section 136 : Not to be responsible for an act done in good faith:
- Section 136A : No penalty fee
- Section 136A : Arrangement of Prizes
- Section 137 : Power of Government of Nepal to give order or direction:
- Section 138 : Power to frame Rules:
- Section 139 : Power to make and enforce manuals
- Section 140 : Alteration in Schedules:
- Section 141A : Taxable
- Section 141A : Mr. 5 will be taxed
- Section 141 : Police to render assistance:
- Section 142 : This Act to prevail on tax provision:
- Section 143 : Repeal, amendment and saving:
Schedule-2 : Assessment of Depreciation Deduction | Income Tax Act, 2058 (2002)
(Relating to Section 19)
Assessment of Depreciation Deduction
(1) The depreciable property shall be categorized as follows:-
Category | Description of property |
"A" | Building, structure and similar other structures of permanent nature. |
"B" | Computer, data processing equipment, furniture, fixture and office equipment. |
"C" | Automobiles, buses and mini-buses. |
"D" | Construction and excavation equipment, and the depreciable properties not included in elsewhere including Sub-section (3) of Section 17, Sub-section (3) of Section 18, and Sub-section (3) of this Schedule. |
"E" | Intangible properties except the depreciable properties mentioned in category "D". |
(2) Any depreciable property owned and used by any person in any income year in making income from a business or investment shall be placed in the category as follows at the time when it came under ownership or came in use for the first time, and the categories shall be deemed as the category of the depreciable property of that person in that year:
(a) In respect of the similar properties under ownership or in use of that person, the depreciable properties referred to in categories "A", "B", "C" or "D" in the same category of other properties of that category.
(b) In respect of the depreciable property referred to in category "E", they have to be placed under different classes notwithstanding that the properties are of the same category.
(3) The cost incurred in the excavation of natural resources, extraction of minerals and its development in the course of earning income from a business shall be deemed as the cost incurred in purchasing the property for the business related with that income.
2. Depreciation cost:
(1) Any person may, in any income year, deduct cost equivalent to the depreciation in that year of the property of each class computed pursuant to Sub-sections (2) and (6) of this Section, for the classes of the depreciable properties belonging to that person.
(2) A person has to compute the depreciation deduction of the properties of the class in his income year by using the following formula:
A x B
"A" means the depreciation base amount in the class of the property at the end of that income year.
"B" means the rate of depreciation deduction mentioned in Section 3 of this Schedule, applicable to that class.
(3) The depreciation base amount of the depreciable properties in categories "A", "B", "C" or "D" at the end of any income year has to be set by subtracting the amount referred to in the following clause (c) from the total of the following clauses (a) and (b).
Provided that, the amount so subtracted shall not be less than zero.
(a) The remaining amount after deducting depreciation cost of that class computed pursuant to Sub-section (2) and (6) from the depreciation deduction base amount of that class at the end of last year.
(b) The expenses referred to in Section 5 of this Schedule or added to the class within that income year and incurred for the properties added to that class, on the depreciation deduction base amount of that class in that year.
(c) Any amount derived from the disposal of any property of that class in that year.
(4) The depreciation deduction base amount of each depreciable property in category "D" at the end of any income year shall be a total sum of the following amounts:-
(a) The depreciation deduction base amount of the depreciable properties remaining in the class at the end of last income year, and
(b) The amount added pursuant to Sub-section (5) for the property within that class to the depreciation deduction base amount in that fiscal year.
(5) The cost incurred for any depreciable property included in any class of the depreciable property belonging to any person has to be added as follows to the depreciation base amount of the class concerned:-
(a) That property has to be computed as per the following formula and added by considering the first value in the time whichever is later out of the time in which that property is included in the class pursuant to Section 1 and the time in which expenses are made to acquire that property:
A/3xB
For purposes of this Clause, "A' shall have the following value for the following period:-
i. The end time of the period from the beginning of the income year to the last day of Poush (mid January) shall be three,
ii. The period from Magha (January/February) to the last day of Chaitra (13 April) shall be two, and
iii. The period from Baisakh (April/May) to the last day of the income year shall be one.
(b) The remaining part of cost shall be added in the income year following the income year in which the first part was added. Provided that, the class was not dissolved pursuant to Sub-section (2) of Section 4 of this Schedule in the meantime of that period.
(6) In cases where, in deducting the depreciation cost to be computed pursuant to Sub-section (2) of this Section from the depreciation deduction base amount of the depreciable properties of categories "A", "B", "C" or "D", it be less than two Thousand Rupees, all the remaining amounts has to be computed for additional depreciation cost.
3. Rate of depreciation:
(1) The rate of depreciation applicable in the case of each class mentioned in Sub-section (2) of Section 2 of this Schedule shall, subject to Sub-section (2), be as follows:-
Category | Rate |
"A" | 5 percent |
"B" | 25 percent |
"C" | 20 percent |
"D" | 15 percent |
"E" | The rate, in percentage, to be set by adjusting in the nearest half year after dividing the cost of that property at the time of its purchase by the period of use of that property. |
(2) The projects mentioned in Sub-section (2) of Section 19 of this Act and the entities mentioned in Sub-sections (3) and (4) of Section 2 of Schedule-1 shall get an addition of one thirds to the rate of depreciation applicable to the depreciable properties mentioned in
categories "A", "B", "C" and "D" mentioned in Sub-section (1) of this Schedule.
4. Disposal of depreciable property:
(1) In cases where clause (a) is more than clause (b) in computing he disposal of the depreciable property or properties used in the business or investment of any person, such excess amount has to be included in the income.
(a) The incomings derived from the disposal of his depreciable property in any income year falling in categories "A", "B", "C" or "D" of the class of an person,
(b) The depreciation deduction base amount remaining at the end of that year of the class pursuant to Subsection (3) of Section 2 of this Schedule, without including the income derived from the disposal.
(2) In cases where any person disposes all the properties in the class of depreciable property of that person prior to the expiration of any income year, the class shall be deemed to be dissolved, and it shall be as follows:-
(a) Where the depreciation deduction amount to be set in computing depreciation as per the following formula of the property in the class of depreciable property is more than the depreciation deduction base amount, that person shall be deemed to have received such excess amount for that year.
A-B
or
(b) Where the depreciation deduction amount to be set in computing depreciation as per the following formula of the property in the class of depreciable property is more than the depreciation deduction base amount, that person shall get remission of such excess amount of expenses in that year.
B–A
Explanation: For purposes of this Section,-
(1) "A" means the incomings derived or to be derived by any person from the disposal of that property in that year,
(2) "B' means the total amount of clauses (i), (ii) and (iii) as follows:-
(i) The remaining value of the descending system of the class in that year,
(ii) The outgoings of that year added to the depreciation base amount of the class, and
(iii) The outgoings to be added to the depreciation base amount of the class in the forthcoming year pursuant to Sub-section (5) of Section 2.
(3) For purposes of this Schedule, the remaining value of the descending system of the class of depreciable property in any income year means the following amount:-
(a) In the case of categories "A", "B", "C" or "D" of the class, of any person, the amount to be set by subtracting depreciation, if any, of the class computed pursuant to Sub-sections (2) and (6) of Section 2 of this Schedule for that year from the depreciation base amount remaining at the end of the preceding income year of that class,
(b) In the case of category "D" of the class, the amount to be set by subtracting all the expenses of the preceding income years which the person is allowed to deduct pursuant to Sub-section (1) of Section 2 of this Schedule 2 from the depreciation base amount remaining at the end of preceding income year.