This article provides the mechanism for a Taxable Person to recover any Withholding Tax (WHT) that has been deducted from their income. The amount of WHT suffered can be used as a credit to reduce the person's final Corporate Tax liability for the Tax Period. The amount of the credit is capped at the lower of two amounts: the actual WHT deducted or the total Corporate Tax due for the period. If the WHT credit exceeds the Corporate Tax liability, the excess amount is refundable to the Taxable Person.
Chapter 13 - Calculation of Corporate Tax Payable
Article 46 - Withholding Tax Credit
If a Person becomes a Taxable Person in a Tax Period, the Person’s Corporate Tax due under Article 3 of this Decree-Law can be reduced by the amount of Withholding Tax Credit for that Tax Period.
The maximum Withholding Tax Credit under this Decree-Law is the lower of:
The amount of Withholding Tax deducted under Clause 2 of Article 45 of this Decree-Law.
The Corporate Tax due under this Decree-Law.
Any excess Withholding Tax Credit for a Tax Period as a result of Clause 2 of this Article shall be refunded to the Taxable Person in accordance with Article 49 of this Decree-Law.
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