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Section 260 - Tax Liability in Case of Air Transport Business of Non-resident

(1) Notwithstanding anything contained in any other provision of this Act, where a non-resident carries on business of air transport as owner or lessee (hereinafter referred to in this section as principal) and the aircraft owned or leased by him arrives at any airport of Bangladesh, in that case the sum of money received for the carriage of passengers, cattle, mail or goods on board the aircraft from the said airport shall be treated as income earned by the principal from the said business in Bangladesh, which shall be taxable under his ‘business income’ under this Act and the said income will be taxed at the rate of 3% (three percent).

(2) The principal or any agent duly authorized for the purpose shall prepare a return for every 3 (three) months and submit to the Deputy Commissioner of Taxes the same within 45 (forty-five) days from the last day of every 3 (three) months of every financial year, i.e. on 30th September, 31st December, 31st March and 30th June respectively, namely;

(a) the amount of money paid or payable to the principal or any person on his behalf, within or outside Bangladesh, for the carriage of passengers, cattle, mail or goods on board the aircraft from the said airport; and

(b) the amount of money received or deemed to be received within Bangladesh by the principal or on his behalf for the carriage of passengers, cattle, mail or goods from any airport outside Bangladesh.

(3) After receipt of the return the Deputy Commissioner of Taxes shall determine the total amount referred to in sub-section (2) by after calling such particulars, accounts or documents as he considers necessary and may impose tax in the manner described in sub-section (1).

(4) Where the principal fails to pay the tax payable under sub-section (1) for a period of more than 3 (three) months, the Commissioner of Taxes shall issue a certificate to the authority having jurisdiction to grant the license of the said aircraft specifying the name of the principal and the amount of tax so payable and after receipt of the certificate the said authority shall not grant a clearance to leave any airport in Bangladesh until the tax payable on the aircraft owned or leased by the said principal has been paid.

(5) Nothing in this Act shall be construed so as to allow any expenditure against the aggregate amount of receipts determined under sub-section (3).

(6) The tax paid under this section shall be treated as final tax under this Act and the taxpayer shall neither be required to file a return under section 167, nor shall he claim any refund or adjustment of tax on the basis of such return.

Note: This is unofficial English translation. In the event of a conflict between the information on this website and the original Government publications or notifications of laws, rules, regulations, and SROs, the Government publications or notifications shall prevail. Moreover, as per Section 345(2) of the Income Tax Act 2023, if there is a conflict between the English and Bengali text, the Bengali text shall prevail.

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