20 April 2015 Global Tax Alert Iraqi Government approves the 2015 federal budget EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. • Copy into your web browser: http://www.ey.com/GL/en/ Services/Tax/InternationalTax/Tax-alert-library#date Executive summary The Iraqi Government recently published the approved Iraqi Federal Budget Act No. 2 of 2015 (the Budget Act) in the official Iraqi Gazette. Constrained by falling global oil prices, the Budget Act increases the level of borrowings to fund its projected deficit. It also addresses the recoverability of petroleum costs incurred by foreign oil companies undertaking upstream oil and gas activities, makes cuts to Iraq’s doubled payroll tax brackets and exemptions as currently applied, and contains new taxes and levies aimed at raising additional tax revenue. In addition, the Budget Act addresses the distribution of Iraq’s Federal Government’s revenues to Iraq’s regions and governorates. It also aims to ease the financial arrangements between Iraq’s Federal Government and the semi-autonomous Kurdistan Regional Government (KRG) by estimating fixed revenue contribution figures from the KRG’s crude oil exports and, in turn, offers an agreed percentage of the Federal Government’s budgeted revenues to the KRG. Detailed discussion Economic and fiscal considerations Key numbers The Budget Act forecasts revenue of IQD94b1 in 2015, with more than 90% of the revenue coming from oil exports at an estimated rate of 3.3m barrels per day (bpd) and an average sale price of US$56 per barrel. The Budget Act’s expected 3.3m bpd of exports include contributions from the KRG, which has agreed to contribute 250,000 bpd of the Kurdistan Region of Iraq’s (KRI) production to be sold by the federal State Oil Marketing Organization (SOMO), and to facilitate the export of another 300,000 bpd of federal production from Kirkuk. The Budget Act also foresees a IQD25b deficit to be financed through Treasury Bills, government bonds, and borrowing from local banks. In addition, it is expected for funds amounting to US$8.3b to be drawn from the International Monetary Fund through Iraq’s Special Drawing Right (SDR). Cooperation between the Federal Government and the KRG The Budget Act aims to ease the financial arrangements between Iraq’s Federal Government and the semi-autonomous KRG. The proposed arrangements anticipate for the KRG to contribute to the Federal Government’s budgeted revenue through oil exports at 300,000 bpd of oil from Kirkuk and 250,000 bpd from the KRI’s own fields in return for a 17% share of the total Iraqi budget. 2 In 2015, the Budget Act finally did away with the doubling provisions introduced in the 2008 Budget Act, and the Iraqi tax authority has confirmed during the first week of February 2015 that it will in fact be reverting to the original brackets and exemptions. The original brackets and exemptions that will again be effective as a result of the Budget Act are shown in the tables below. Original Employee Income Tax Brackets The Budget Act also makes it clear that the KRG will be entitled to a share of 17% of federal spending that would be calculated after subtracting the operating costs of the Federal Government from the overall budget. Monthly taxable income Fiscal management The Budget Act also contains provisions aimed at improving controls over the country’s cash allocation by authorizing the Ministry of Finance to act as a centralized ledger of revenue and spending and calling for all Iraqi ministries to record and report all revenues realized and expenditures incurred back to the Ministry of Finance. Rate From IQD To IQD 0 250,000 3% 250,001 500,000 5% 500,001 1,000,000 10% 1,000,001 No uppper limit 15% Original Employee Income Tax Exemptions Description Amount (IQD) In addition, the Ministry of Finance is given the right to draw funds up to US$12b of Treasury Bills to cover the Ministry of Oil’s requests to pay back recoverable petroleum costs incurred by foreign oil companies undertaking upstream oil and gas activities. Personal deduction 2,500,000 Wife deduction 4,500,000 Taxation Employee income tax In 2008, Article 20 of the Iraqi Budget Act No. 20 of 2008 doubled the employee income tax exemptions and brackets provided for in Article 12 and Article 13 of the Income Tax Law No. (113) of 1982 (as amended) (the Income Tax Law), respectively. The Budget Act, by its nature, runs annually until the following year’s Budget Act is published. However, no formal guidance was ever issued to revoke the doubling of the brackets and exemptions, so the practice continued to apply from 2008 onwards even though the head of the Iraqi tax authority’s legal department had indicated on numerous occasions his opinion that this practice was incorrect. Widow or divorcee Global Tax Alert Each child (under 18 or student under 25) Over retirement age (63) 200,000 3,200,000 300,000 It is very possible that the application of the original brackets and exemptions will take effect as of 1 January 2014. Sales tax The Budget Act introduces new sales taxes on car purchases and transport tickets at 15%, cellular telephone SIM cards and the Internet at 20%, and on the sale of cigarettes and alcoholic beverages at 300%. The Minister of Finance is expected to issue instructions that provide guidance as to the application of the new sales taxes to taxpayers across Iraq. Refugee and rebuilding levy The Budget Act introduces a levy to help fund refugees and the rebuilding of essential infrastructure damaged by terrorism by imposing the levy on applicants filing applications with Iraqi government authorities. The rate of the levy and guidance with respect to its application should soon be determined by the Ministry of Finance’s Accounting Department. Customs duty On 19 September 2003, L. Paul Bremer, the Administrator of the Coalition Provisional Authority (CPA) which was established as a transitional government following the invasion of Iraq, signed CPA Order 38 (later amended and modified by CPA Orders 47 and 70) whereby the CPA suspended the previously existing Iraqi Customs Law No. 22 of 2010 (as amended). The customs duty law and its amendments which were previously suspended are being reinforced by the Budget Act. Endnote 1. All figures throughout the Alert are in Iraqi dinars (IQD) and/or US dollars (US$). The exchange rate is approximately US$1:IQD1,170. Global Tax Alert 3 For additional information with respect to this Alert, please contact the following: 4 Ernst & Young (Jordan), Amman • Ali Samara +962 6 580 0777 • Jacob Rabie +962 6 580 0777 [email protected] [email protected] Ernst & Young Middle East (Iraq), Baghdad • Mustafa Abbas +964 1 543 0357 • Chris Lord +964 1 543 0357 • Nizar El Salem +964 1 543 0357 [email protected] [email protected] [email protected] Global Tax Alert EY | Assurance | Tax | Transactions | Advisory About EY EY is a global leader in assurance, tax, transaction and advisory services. The insights and quality services we deliver help build trust and confidence in the capital markets and in economies the world over. We develop outstanding leaders who team to deliver on our promises to all of our stakeholders. In so doing, we play a critical role in building a better working world for our people, for our clients and for our communities. 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