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Tax News 2006
Law No 143 of the Year 2006 Article 1: The provisions of Articles (50, 51, 57, 60, 61, 64 and 74) of the Stamp Duty promulgated by the Law No. 111 of the year 1980 shall be replaced with the following provisions: Article (50): The stamp duty shall be due on the insurance premiums and charges with the following rates:
Article (51): The tax due on the insurance premiums and charges shall be borne by the insurer and insured on a 50-50 basis. The insurance company shall bear the tax on the total insurance premiums and charges in all events. The tax shall not apply to the premiums and charges of re-insurance. Article (57): A proportional tax shall be due at the rate of two per thousand on the balances of the credit facilities and the loans and advances provided by banks during the financial year, with the bank to pay half per thousand on the balance at the end of each quarter of the year. The bank and the customer shall bear the tax on a 50-50 basis. Article (60): Every announcement, notice or notification done by any means is considered as an advertisement and a proportional tax at the rate of 15% from the advertisement charge or cost is due based on the executive regulations of this law according to the following cases:
Article (61): Each entity performing an advertisement should notify the tax authority about advertisements that are displayed, broadcasted or published declaring the advertisement type, cost and tax due on. The executive regulations of this law shall specify the other data to be included in the notification. The advertisers of the legal persons shall pay the tax to the competent tax inspectorate. The bodies that produce advertisements for natural persons shall collect the tax and remit the same to the competent tax inspectorate, all within two months from the date on which the advertisement took place. In all events, the advertising bodies shall keep a register of the advertiser’s names. All the above shall be according to the rules and procedures to be determined by the executive regulations of this law. Article (64): The following advertisements shall be exempted from tax:
Article (74): A proportional tax shall be due on:
The tax shall be reduced by 50% if the amount or the prize is to be maintained by the competition or lottery organiser. Article 2: The articles (9, 16, 40, 47, 48, 52, 53, 54, 55, 56, 58, 59, 62, 63, 65, 66, 75, 76, 77, 78, 93, 94, 95, 101, 103, 104, 105 and 106) of the Stamp Duty Law promulgated by Law No. 111 of the year 1980 shall be repealed. Article 3: Litigation in all the lawsuits that were filed or heard before the courts of different degrees before the effective date of this law between the Taxation Authority and taxpayers due to the dispute about the estimation of the stamp duty, shall be terminated, in case the disputable stamp duty does not exceed five thousand Egyptian pounds. Any claim for the portion that has not been paid out of any tax related to such lawsuits shall be denied. In all events, the termination of the litigation shall not entitle the taxpayers to recover the payments already made in account of the disputable tax. The foregoing shall take place unless the taxpayer insists on pursuing litigation by means of an application to be filed with the court before which the lawsuit is heard, within six months from the effective date of this law. Article 4: Taxpayers shall, in lawsuits other than those provided for in the preceding article, have the right, in the litigations existing between them and the Taxation Authority concerning the stamp duty which were filed or heard before the courts of different degrees, before the effective date of this law, to ask for the said litigations to be terminated within one year from the said date in return for the payment of a percentage of the disputable tax and the other due amounts according to the following brackets:
The payment by the taxpayer of the said percentages shall release the taxpayer from the value of the disputable tax and other due amounts, and the court shall issue a ruling terminating the litigation if the taxpayer presents evidence of such payment to the court. Article 5: The Minister of Finance shall issue the necessary regulations and decrees for the enforcement of the provisions of this law. Until such regulations and decrees are issued, the regulations and decrees in operation shall remain in force so far as they do not conflict with the provisions of this law. Article 6: This law shall be published in the Official Journal and it shall come into force as of the beginning of the month following its publication date. This law shall be stamped with the seal of the State and it shall be put into effect as a law of the State. Issued at the Presidency of Republic on 6 Gumada II, 1427 (Islamic Calendar), corresponding to 1 July, 2006 (Gregorian calendar). |



