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KINGDOM OF CAMBODIA
Nation Religion King
Law on Taxation
This law is adopted by the National Assembly of the Kingdom of Cambodia
on January 8, 1997 at the 7th session of the 1st legislature.
TABLE OF CONTENTS
Chapter 1: Provisions for the Tax on Profit
Section 1: General Provisions
Article 1: Change to Tax
Article 2: Object of the Tax
Article 3: Definitions
Article 4: Tax Regimes
Section 2: Taxable Profit and Tax Rates
Article 5: Tax Year
Article 6: Accounting Rules
Article 7: Taxable Profit
Article 8: Determination of Taxable Profit
Article 9: Income Exempt from Tax
Article 10: Determination of Income of a Pass-Through
Section 3: Deductions
Article 11: Allowable Deductions
Article 12: Interest Expense
Article 13: Depreciation of Tangible Property
Article 14: Depreciation of Intangible Property
Article 15: Depletion of Natural Resources
Article 16: Charitable Contributions
Article 17: Carry Forward of Losses
Article 18: Allocation of Income and Deductions among Taxpayers
Article 19: Not Allowed as Deductions
Section 4: Tax Rates and Tax Due
Article 20: Determination of Tax Due
Article 21: Tax on Insurance Companies
Article 22: Tax on Unrelated Business Profit
Article 23: Advanced Tax on Dividend Distributions
Section 5: Other Taxes
Article 24: Minimum Tax
Section 6: Withholding Taxes and Prepayment of Tax on Profit
Article 25: General Withholding Tax
Article 26: Withholding on Payments to Foreign Persons
Article 27: Withholding Tax as Final Tax
Article 28: Prepayment of the Tax on Profit
Section 7: Obligations of Taxpayers
Article 29: General Obligations
of Real or Simplified Regime System Taxpayers
Article
30: Obligation of
Estimated Regime System Taxpayers
Article
31: Obligations
of Withholding Agents
Article
32: Obligations
of Persons Required to Make Prepayments of the Tax on Profit
Section
8: Sources of Income
Article
33: Income from
Cambodian Sources
Article
34: Income from
Foreign Sources
Article
35: Determination
of Source
Section
9: Calculation of Annual
Tax Due
Article
36: Foreign Tax
Credit
Article
37: Determination
of the Liability to the Tax on Profit
Article
38: Determination
of Tax Due or Tax Credit for the Tax Year
Article
39: Determination
of the Minimum Tax, and the Tax Due or the Tax Credit for the Tax Year
Chapter 2: Provisions For The Tax On Salary
Section 1: General Provisions
Article
40: Charge to Tax
Article
41: Object of Tax
Article
42: Definitions
Section
2: Tax Exempt Salary
Article
43: Salary of Diplomatic
and Other Foreign Officials
Article
44: Tax Exempt Income
of Employees
Section
3: Monthly Tax Base, Monthly
Taxable Salary and the Determination of
the
Monthly Tax
Article
45: Monthly Tax
Base
Article
46: Monthly Taxable
Salary
Article
47: Determination
of the Monthly Tax of an Employee
Article
48: The Determination
of the Tax on Fringe Benefits
Article
49: Determination
of the Tax on Salary for a Non-Resident Taxpayer
Article
50: Foreign Tax
Credit
Section
4: Obligations of Employers
and Employees
Article
51: Cause of Tax
Liability
Article
52: Tax Debt and
the Obligation to Withhold
Article
53: Payment of Tax
Withheld
Article
54: Tax Withholding,
Record Keeping and Reporting Requirements
Chapter
3: Provisions for the Tax on Value Added
Section
1: General Provisions
Article
55: Charge
to Tax
Article
56: Definitions
Article
57: Non Taxable
Supplies
Article
58: Non Taxable
Supplies for Diplomatic Missions and International Organizations
Section
2: General
Principles for the Tax on Value Added
Article
59: Taxable
Person
Article
60: Taxable
Supply
Article
61: Taxable
Value
Article
62: Time
of Supply
Article
63: Location
of Supply
Section
3: Tax Rate
and the Calculation of Tax
Article
64: Tax
Rate
Article
65: Input
Tax Credit and Non Taxable Supplies
Article
66: Determination
of Tax
Article
67: Capital
Assets that Cease to be used in the Business
Article
68: Necessary
Documentation to Claim an Input Tax Credit
Article
69: Input
Tax Not Allowed as a Tax Credit
Section 4: Payment of Tax
Article 70: The Monthly
filing of the Value Added Tax Declaration
Article
71: Treatment of
Excess Credits
Article
72: Refunds for
Exporters
Article
73: Refunds where
Excess Credits Continue for Three Months or More
Article
74: Refunds to Diplomatic
Missions and International Organizations
Article
75: Liability for
the Collection and Payment of Tax
Section
5: Administrative
Provisions
Article 76: Registration
Article 77: Value
Added Tax Invoice
Article
78: Failure
to Issue Value Added Tax Invoice
Article
79: Books,
Records, and Information
Article
80: Special
Rules for Imports
Article
81: Cessation
of Business
Article
82: Transfer
of Business
Article
83: Contracts
Entered Into Before the Effective Date of this Tax
Article
84: Tax Credit
for Stocks of Goods
Chapter
4: Amendments to the Finance Act of 1994 and to the Amendments to the Finance
Act of 1995
Section
1: Provisions for
the change of the Specific Tax on Certain Merchandise to the Specific Tax on
Certain Merchandise and Services
Article
85:
Section
2: Provisions
for the Change of the Tax on Turnover
Article
86:
Chapter
5: Provisions on Tax Rules and Procedures
Section
1: General
Provisions
Article
87: Object
Article
88: Definitions
Article
89: International
Treaties
Article
90: Language
Used in Tax Declarations and Tax Documents
Section
2: Rights
and Obligations
Article
91: Rights
and Obligations of the Taxpayer
Article
92: Powers
and Obligations of the Tax Administration
Section
3: Tax Administration
Article
93: Responsibility
for Tax Administration
Article
94: Confidentiality
of Tax Information
Article
95: Delivery
of Information to the Taxpayer
Article
96: Publicity
and Explanation of Tax Law
Article
97: Incentives
for the Efficient and Effective Collection of Tax
Article
98: The
Keeping of Financial and other Supporting Documents
Article
99: Right
to Receive Information
Article
100: Power of Investigation
(without an advanced letter of notification)
Article
101: Requirement
to Register
Article
102: Certificate
of Registration and Tax Identification Number
Article
103: The Right of
the Tax Administration to Register a Taxpayer
Section
4: Tax Declarations
Article
104: Preparation
and Submission of the Tax Declaration
Article
105: Preparation
and submission of the information declaration and other documents
Article
106: The Taxpayer’s
Representative
Section
5: Collection
of Taxes
Article
107: Payment of
taxes
Article
108: Liability of
Directors, Managers, or Owners
Section
6: Power
of the Tax Administration in Tax Collection
Article
109: Rights
on the Properties of Taxpayers
Article
110: Reminder
Letter of Notification for Tax Collection
Article
111: Confiscation
Article
112: Protection
of the Taxpayer
Article
113: The Freezing
of Bank Accounts
Article
114: Stopping
Export-Import Operations
Article
115: Order
Nullifying Permit and License
Section
7: Tax
Assessment
Article
116: Assessment
of Tax
Article
117: Tax Re-Assessment
and Period of Tax Re-Assessment
Article
118: Procedure
for Tax Re-Assessment
Article
119: Burden
of proof
Section
8: Settlement of the Taxpayer’s Protest
Article
120: Rules
for Administrative Protests
Article
121: Contents
of the Administrative Protest by
the Taxpayer
Article
122: Decision
by the Tax Administration
Article
123: Committee
of Tax Arbitration
Article
124: Appeal
to the Court
Section
9: Violations
of Tax Provisions
Article
125: Negligence
Article
126: Serious negligence
Article
127: Tax evasion
Article
128: Obstructing
the Implementation of Tax Law
Article
129: Criminal violation
of tax law
Section
10: Additional Tax
Article
130: Additional
tax
Article
131: Additional
Tax for Underpayment of Tax
Article
132: Additional
Tax for Late Tax Payment
Article
133: Additional
Tax for the Obstruction of the Implementation of Tax Law
Section
11: Criminal Violations
Article
134: Power to sue
for criminal charges
Article
135: Tax evasion
Article
136: Obstruction
of the Implementation of Tax
Article
137: Aiding
or Abetting
Article
138: To reveal
the confidentiality
Article
139: Violations
by the tax officials
Article
140: Compensation
for misconduct or mistake
Chapter
6: Closing Provisions
Article
141:
Article
142:
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