Gains arising from the disposal of real property and other assets are treated as ordinary income and are therefore subject to tax at. The information and views put forward in this publication are solely intended to promote constructive dialogue and offer suggestions for the improvement of cambodianeuropean business relations. The first stage began in 1992 with the introduction of the law on insurance, 2 which can be viewed as the rebirth of the insurance industry after many years of war. 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. Tax identifi cation number is an identifying number use for tax purpose in cambodia. Legal persons are considered residents of cambodia for tax purposes if the principal place of business is in cambodia or if they are managed from cambodia. The summit is the seventh on an initiative for a development triangle area covering northeast cambodia, southern laos and the central highlands of vietnam.
Tax on excess income at a progressive tax rate by tranche based on excess income ratio as per below table. Laws and regulations general department of customs and. Cambodia is not a party to any double tax agreements. Case study on tax system transparency international cambodia prepared by srun sroy, local consultant 6 1. Under the double taxation agreement with cambodia, download, download. 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.
This law is enacted with the purpose of regulating insurance protecting the legitimate rights of the parties to insurance, strengthening supervision and control over the insurance business and contributing to the development of the insurance industry. Law and provision general department of taxation cambodia. Three companies obtained licences within the subsequent three years. Application of temporarily suspend, permanent stopping and transfer. The reassessment might be affecting the top, ppt, mt, withholding tax and value added tax. There are no taxes on inheritance or estates in cambodia. Cambodia shall eliminate its tariffs not later than january 1st 2015 with flexibility to 2018. The regulation on liberalized on liberalized agricultural labor taking effect in 1942. The cambodian tax law provides the following cittoi rates.
Recurrent property tax revenue as percentage of gdp in selected asia and the pacific economies, 2017 0. Cambodias immovable property tax in cambodia, the introduction of the tax on immovable property tip under the 2010 law on figure 2. This law applies to associations and nongovernmental organizations that conduct activities within the kingdom of cambodia, except where regulated by provisions of a separate law. The white book 2019 is a collective expression of the views of eurocham member companies on specific aspects of the business environment in cambodia. In some cases, foreign investors face greater scrutiny to pay taxes than their domestic counterparts. Domestic association refers to a membership organization established under the. Different categories of workers in the kingdom of cambodia article 1. Duties and taxes general department of customs and. For further information or advice, please contact any of the following at pwc. There is no general antiavoidance provision contained in cambodian tax law. Although the insurance market in cambodia is in its sixth stage of development, it can still be considered relatively new. Tax filing and payment date tax on income toi must be paid and filed within 3 months of the end of the tax year, which is normally 31 december unless an application to amend the tax year is approved. Pwc cambodia has extensive practical experience advising on cambodian tax issues as well as on international tax matters.
The law will become effective immediately upon its publication. Selling excluded this prokas refers to tax exemption signed by prime minister hun sen on january 10, 2016 on properties that had been transferred to. At the end of the summit, the prime ministers of cambodia, laos and vietnam will sign a joint declaration, the statement said. So long as the work is performed in cambodia, the labor law will apply. In may 2018, cambodias only remaining independent newspaper, the. Cambodia tax alert 2019 tax law amendments would distinguish between legal and physical persons the draft law on financial management lofm for 2019, which would make certain amendments to the tax law, is being discussed by the cambodia national assembly and is expected to be approved before the end of december 2018. Law on amendments of article 87 k, articles 89, 90, 91, 94, 110,120 and 122 of the cambodian labour law dated march 1997, dated 26 june 2018 amendment law the amendment law has introduced significant changes to the 1997 labour law, in particular to provisions relating to. The taxpayer subject to the tax on profit under estimated regime system of taxation shall pay this tax every month at the time fixed by the tax administration. Application of cambodias tax laws, while improving, remains inconsistent. The council for the development of cambodia cdc law on.
Cambodias taxation rules vary according to the taxpayers regime. In cambodia, hun sen uses the rule of law to undermine. Withholding tax types of taxable income tax rate payment for resident or resident foreigner payment for nonresident dividend 14% rent 10% 14%. A corporate tax exemption of up to 8 years depending on the characteristics of the. This code sets forth the general principles governing legal relations in civil matters. Subdegree on upgrading the customs and excise department, tax department and the national treasury department of the ministry of economic and finance into general department of customs and excise, general department of taxation and general department of national treasury, under the management supervision of the ministry of economic and finance, decided by the rgc no 4 ankr. Duties and taxes are levied on any imported and exported goods before releasing them from customs. The cambodian labor law, and related regulations, apply to all employeremployee relations where the work is to be performed within cambodia. Will in cambodia cambodian will inheritance tax laws. Corporate income tax cit tax on income toi tax rate. Duties and taxes general department of customs and excise. The tax administration might also take legal action to seek prosecution for criminal violations of tax provisions as stated in articles 48 of the law on taxation a fine from usd1,250 to usd5,000 and imprisonment from 1 year to 5 years. All taxpayers shall be obliged to register with the tax. Chapter 2 the council for the development of cambodia article 3.
Over the past two years, the general department of taxation gdt has eliminated the different estimated and real regime systems of taxation and moved to a single taxation regime referred to as the selfdeclaration regime, which is a formalized system of taxation and incentives, with. Tax on profit is the debt of a resident taxpayer on income from cambodian sources and from foreign sources. The amendments primarily aim to update the tax law to reflect that the. Jan 17, 2019 according to tax law, the buyer is responsible for the payment of the 4% stamp tax, however in practice, it is the seller that most commonly pay. Corporate tax the standard corporate tax rate in cambodia is 20%. Cambodia shall be subsequently reduced to 500 tariff lines at the hs 6digit level to 05% not later than january 1st 2020. Any company that incorporated under this law shall govern by the laws of the kingdom of cambodia. This law governs relations between employers and workers resulting from employment contracts to be performed within the territory of the kingdom of cambodia, regardless of where the contract was made and.
Associations and nongovernmental organizations article 1. Nor does it matter where the labor contract was signed. Inheritance tax and inheritance law in cambodia taxation researcher july 12, 2019 the global property guide looks at inheritance from two angles. Summary of tax obligation in the kingdom of cambodia action group. Cambodia does not impose a separate tax on capital gains. The tax administration might also take legal action to seek prosecution for criminal violations of tax provisions as stated in articles 48 of the law on taxation a fine from usd1,250 to. Download forms general department of taxation cambodia. Each tax payer needed to submit twice monthly which was a burden. Law on amendments of article 87 k, articles 89, 90, 91, 94, 110,120 and 122 of the cambodian labour law dated march 1997, dated 26 june 2018 amendment law the amendment law has introduced significant changes to the 1997 labour law, in particular to provisions relating to termination and compensation.
The global property guide looks at inheritance from two angles. Except where otherwise provided by special law, the provisions of this code shall apply to property related matters and family relations. May 01, 2017 accordance with the current tax law and regulation and. General department of customs and excise of cambodia. A guide to living and working in the kingdom of wonder. Kh4it law khmer law cambodia law khmer law books all rights. Introduction cambodia, like many other developing countries, struggles with social equity issues that lead to. The cambodia law services cls is a law firm primarily focused on complex legal issues concerning livelihoods, business and criminal law by offering litigating, mediating and consulting services as appropriate to promote justice, human rights and interests of prospective clients. Prepayment of tax on income ptoi must be paid and filed by the 20th of the following month.
In 1947 the royal decree 375 ns of october 30, 1947 abrogated the 1938 royal ordinance and imposed the implementation of the french labor regulations on cambodia. Cambodia tax alertcambodia transfer pricing guidelines. The term nonresident means not a resident taxpayer according to paragraph 1 of. The draft law on financial management lofm for 2019, which would make certain amendments to the tax law, is being discussed by the cambodia national assembly and is expected to be approved before the end of december 2018. Whereas the extraordinary chambers in the courts of cambodia have been established under cambodian law, and the royal government of cambodia and united nations have signed an agreement, which has been approved by the general assembly and ratified in cambodia. This law governs all investment projects made by investors who are cambodian citizens andor foreigners within the kingdom of cambodia. Reevaluate the certificate of tax compliance and penalise the entity in accordance with article 3 of the law on taxation of cambodia. Cambodia investment law chapter 1 general provisions article 1.
Return for prepayment of profit tax, specific tax on certain merchandises and services, accommodation tax, public lighting tax, and other taxes. Oil and gas, and a business of mineral exploitation activities are subject to a 30% tax rate. Deloittes view this is a major regulatory development in cambodias tax and. Law on social security for those who fall under the provisions of the labor law 2002, 1997. The nationality of the employer or employee is irrelevant. Cambodia on more than 182 days during the calendar year. For nonresidents, only the cambodian sourced salary is subject to cambodian tax regardless of the place of salary payment. By law, foreigners must apply for citizenship to be able to inherit property in cambodia.
Investor can be either a natural person or a legal entity. Previously there were three regimes under the tax law in cambodia. Sue the entity for criminal tax offenses and penalise them as provided in article 4 to 8 of the law on taxation. In the previous year, monthly tax returns were due on the 15th of the following month except for vat, which was due by the 20th. Gains arising from the disposal of real property and other assets are treated as ordinary income and are therefore subject to tax at the prevailing cittop rate. There are different types of duties and taxes collected by customs. Ultimate guide on cambodia property tax ips cambodia real. The gdt has taken steps, however, to increase tax revenue both by building capacity within the organization and through better implementation of existing tax laws. This tax book has been prepared for general information and assistance for those investing in cambodia. This tax level on estimated profit shall be kept constant for a period of 3 months, 6 months or 1 year. Application for refund of vat on the purchase of goods by diplomatic or consular missions and international organizations. Cambodia at least 50% of tariff lines shall reduce to 05% by january 1st 2012. Delivery of documents documents of any description required by law to be delivere d to a partne rship or company shall be delivered to the registered agent at the registered office during the normal business hours of the. Under cambodian law, most foreign investments and foreign investors are subject to the following taxes.