PKF Jordan and Iraq PKF ProGroup PKF Khattab & Co. PKF Planning Tax Advisory PKF Human Resource Consulting Practical Guide | September 2015 Jordanian Income Tax Law Number 34 of 2014 Contact Us: PKF Jordan Amman - Jordan Website: www.pkf.jo Email: [email protected] Tel: +962 6 5695442/ 3 Fax: +962 6 5606344 PKF Iraq Kurdistan - Iraq Website: www.pkfIraq.com Email: [email protected] Tel: +9647508829873 Fax: +96265606344 PKF Jordan and PKF Iraq are member firms of the PKF International Limited network of legally independent firms and do not accept any responsibility or liability for the actions or inactions on the part of any other individual member firm or firms. Jordanian Income Tax Law Number 34 of 2014 | A Practical Guide 1. Effective from the 1st January 2015. 2. Tax rates on COMPANIES are as follows: Sector Tax Rate Industrial sector 14% Major telecom companies, electricity distribution and generation companies, mining companies, insurance and reinsurance companies, brokerage and financial institutions, legal persons who practice financial leasing 24% Banks 35% All legal persons except what was stated above 4. Jordanian companies’ branches operating outside the Kingdom, and foreign investments if the source of capital was originated inside the Kingdom are subjected to 10% tax ratio, based on net income declared in their final accounts which are certified by an external certified auditor, while the former law dictated that the mentioned companies are subjected to 20% of the net income of branches, and according to the mother company sector and foreign investments was subjected to 30% ratio. 5. End of service reward that is greater than 5,000 JOD due to the employees starting from 1/1/2010 has been subjected to tax, where the former law dictated that the end of service reward was 50% exempted. 20% 3. Tax on NATURAL PERSON: A. 12,000 JOD yearly exemption for resident natural person. B. 12,000 JOD yearly exemption for dependents. C. 4,000 JOD yearly exemption for natural person and dependents to cover medical treatment, education, housing loans interests, Murabaha on housing, technical, engineering and legal services, provided that invoices or supporting documents are presented. Income tax according to the following ratios: A. First 10,000 JOD are subjected to 7% ratio. B. Second 10,000 JOD are subjected to 14% ratio. C. Any amount above that is subjected to 20% ratio. 6. Income generated from Agricultural activity inside the Kingdom is exempted for legal and natural persons, where the former income tax law dictated that the first 75,000 of Agricultural income is exempted for natural persons. 7. The taxpayer is allowed to deduct the provision for doubtful debts provided that the company is complying with the international financial standards and audited by a certified external auditor, noted that it was non-deductible in the former income tax law. 8. The taxpayer is allowed to deduct medical insurance expenses for employees and their dependents, former income tax law limited the medical insurance expenses deduction only for the employees. 9. The Interests and Murabaha expenses are fully deductible, where the former income tax law dictated a percentage of average of owner’s equity or paid capital, whichever is greater should be accounted for. PKF Jordan and Iraq | Practical Guide 2 Jordanian Income Tax Law Number 34 of 2014 | A Practical Guide 10. Assets actual maintenance expenses are fully deductible, where the former income tax law dictated that assets actual maintenance amounts spent are deductible provided it does not exceed 5% of the asset’s value, and the difference is capitalized for the following years. 11. Losses from previous tax periods are now carried forward without exceeding (5) years, where in former income tax law it was carried forward without determining a period of time. 12. Losses for activities outside the Kingdom are deducted from the activity’s profits, where in the former income tax law it used to be deducted from the profits of foreign investments as a whole amount without determining a definitive activity. 13. The law dictated that the legal person should deduct and pay a rate of 5% as a down payment of the fees and wages paid to a resident person of : • • • • • • • • • • • • • • Doctors Lawyers Engineers Auditors Consultants Authorized persons for taxpayers (Tax Advisors). Insurance and Re-insurance brokers. Arbitrators Customs brokers. Real estate brokers Arbitrators by commissions. Financial brokers. Shipping brokers by commissions. Any other persons which are identified under instructions. 14. Income from prizes, which its value or amount exceeds 1,000 JOD is subjected at the rate of 15% and the withheld amount is considered a final tax. Where in former income tax law the rate was 10%. 15. Non- resident person deductible tax rate is adjusted to be 10%, where it used to be 7% in the former income tax law. 16. The taxpayer can adjust the fiscal tax year through a notification to the Income tax department, while the former income tax law required the approval of adjustment from the Income sales tax director. 17. Beneficiaries of inheritances or those who represent them shall file a tax declaration on behalf of the deceased within (90) days of the death, where the former income tax law dictated a period to be within (60) days. 18. Property tax paid by the taxpayer on the leased building or land is deductible from the income tax provided the property tax does not exceed the tax amount, where the former income tax law allowed to deduct 50% of the property tax, and inside the municipal zones, and does not allow to deduct property tax inside Greater Amman Municipality. 19. Tax payer who is carrying out business activities with gross income that exceeds (1) Million Jordanian Dinars is required to remit advance payments at the rate of 40% of the due tax on his income from these activities for first and second half of the tax year, and tax is remitted during the next (30) days, while the former income tax law dictated the taxpayers who is carrying out business activities with gross income that exceeds (500,000 JOD) are required to remit the tax according to the deadlines mentioned above. 20. The tax payer can write off the deductible tax within the same year in which the tax is due, without exceeding the next consecutive four years, while the former income tax law did not clarify this matter. PKF Jordan and Iraq | Practical Guide 3 Jordanian Income Tax Law Number 34 of 2014 | A Practical Guide 21. The legal deadline to audit the tax declaration is (2) years from the date of submitting the tax declaration to the Income and Sales Tax Department, unless an audit notice was issued, and the deadline of the audit decision is within 2 years from the issuance of the audit notice. Selected Articles from the Income Tax Law number 34 Effective starting from 1st January 2015 22. And a deadline of (4) years from the date of filing the tax declaration is the final deadline to issue a notice of the audit results, and this deadline is doubled to be (8) years in case there was a proof that a tax evasion crime was committed. A. A penalty not less than 200 JOD and not exceeding 500 JOD is imposed in any of the following cases: 1. If the taxpayer fails to keep the record or documents in accordance with this law. 2. If the taxpayer fails to register with the department in accordance with this law. 3. If a CPA does not provide the department with the names and addresses of his clients according to Article 25 of this Law. 4. Not notifying the Income and Sales Tax Department of any changes related to the information mentioned in the registration application within the specified time. 5. Failing to withhold and remit the tax to the department in accordance with this Law. 6. Refraining from submitting the records and documents which should be kept in accordance with the provisions of this law. 7. Refraining from issuing any invoice or documents when requesting it by the beneficiary. 23. The income and sales tax director has the right to Impose a fixed tax on the physical person in cases in which the estimated tax does not exceed 1,000 JOD, and fixed tax is imposed for a period that does not exceed (5) years , while in former income tax law , fixed tax was not mentioned. 24. In case of failure to pay or remit the tax on the specified date, the department shall impose a late payment fine at the rate of 0.004 of the due tax amounts from the date of the audit notice, in case the tax amount is less than 5,000 JOD and in case the tax amounts exceed 5,000 JOD, the fine is calculated from the date of legal deadline for the filing the tax declaration, and in both cases the fine shall not exceed the tax amount. While the former income tax law dictated that the late payment fine is calculated at the rate of 0.004 of the due tax amounts, where it shall not exceed 35% of the tax amount in case he tax payer filled the Income Tax declaration within the legal deadline, otherwise there is no ceiling for the fine. 25. The legal compensation fine on tax differences is canceled, while the former income tax law dictated a legal compensation with rates ranging from 15% to 100% of the tax difference, in case the difference in due tax exceeded 20%. Article 64: B. The penalty amount stated in paragraph (A) above of this article shall be doubled if the violation repeated. Article 65: A. The taxpayer must pay the amounts imposed on him in accordance with articles (63) and (64) of this law, within 30 days from the notification date and he may challenge the fine decision before the Minister, the Minister may confirm, reduce or cancel the fine if there is a justified reason for that. PKF Jordan and Iraq | Practical Guide 4 Jordanian Income Tax Law Number 34 of 2014 | A Practical Guide A. The Minister’s decision issued in accordance with paragraph (A) of this article can be challenged before the court within 30 days from the notification date and the court have the right to confirm, amend or cancel the fine. Article 66: A. A compensatory fine equals double the tax difference shall be imposed on those who evaded, try to evade, assist or instigate others to evade tax by committing any of the following acts: A. Filing a tax declaration based on falsified records or documents, with the knowledge of such falsification, or endorsing data that is different from what is provided in the records and documents that concealed with knowingly. B. Filing tax declaration on the based on the non-availability of tax related records or documents and endorsing data that is different from what is recorded in the records or documents that he concealed. C. The intentional destruction of tax related records or documents before the expiration of the records keeping period according to the provisions of this law. D. Falsifying or changing the purchases or sales invoices or any other documents to mislead the department to make it believes that the profit decreased or the loss increased. E. Concealment of any taxable activity or part of it. F. Withheld the due tax according to the provisions of this law and did not remit or pay it to the department within 30 days of the payment date. B. In addition to the penalty stated in paragraph (A) of this article, if the tax difference exceeded 50,000 JOD and until 100,000 JOD, The penalty shall be Imprisonment for not less than four months nor more than one year, and if the tax difference exceeded that amount the imprisonment penalty is not less than one year. C. If the court remanded the appeal request entirely or partially it shall rule in the same lawsuit with imposing a penalty equals the tax difference, and that shall equal the tax amount which the appeal was remanded for. D. A fine not less than 500 Dinars and not exceeding 1000 Dinars shall be imposed on those who violates the provisions of this law without official instructions being provided. Article 74: All persons who enjoy preferential tax treatment in accordance with the provisions of any valid legislation before 1/1/2010 shall continue to be subject to the tax according to this preferential treatment until the end of the period determined according to the provisions of these legislations. Article 78: Subject to paragraph (B) of this article, no provisions provided for in any other legislation related to wholly or partially tax exemptions will be applicable, except what is provided for in the following laws: 1. 2. Charity Fund No. (8) of 1988. Al Hussein Corporation for Cancer Law No.7 of 1998 and its amendments. 3. King Hussein Bin Talal Foundation Law No.22 of 1999. 4. Law of National Commission of Mine Action and Rehabilitation No. 34 of 2000. 5. Law of National Council of Family Affairs No.27 of 2001. 6. Law of Jordan River Foundation No.33 of 2001. 7. King Abdullah II Fund for Development No.37 of 2004. 8. Public Debt Exemption Law No.28 of 2006. 9. Hashemite Fund for Al Aqsa Reconstruction Law No.15 of 2007. 10. Royal Al Albeit Foundation for Islamic Thought Law No.32 of 2007. 11. The Jordanian Hashemite Fund for Human Development Law No.37 of 1985. 12. Laws on ratification of concession agreements. B. All provisions provided in the valid Aqaba special economic zone, and the investment law related to tax imposition and exemption. PKF Jordan and Iraq | Practical Guide 5 About Us PKF Jordan and PKF Iraq, member firms of PKF International, are regional, multidisciplinary business advisory firms with industry specific services. We offer outstanding opportunities, by providing international standard based services, to dramatically position our clients as pioneers in a rapidly growing business environment. PKF Jordan and PKF Iraq play a major role in business advisory including Consultancy, Auditing, and Tax Services. Areas of experience include Finance, Taxation, Market Research, Strategic Planning, Organizational Development, Human Resource Development, Investment, Technology and Information Management, Quality Management, and Socio-Economic Studies. We also initiate an added value component where integration, consistency and reliability are effectively enforced. PKF Jordan and PKF Iraq high quality services help clients identify their business needs, improve, excel, cope with business fluctuations and accomplish their anticipated goals and excel. PKF Network Worldwide Around 50 years of experience 21,000 people 440 offices 125 countries US$ 2.6 billion turnover Top 10 assurance & advisory firm worldwide Our team approach enables operating as integrated cells exposed to diverse industries. Words like creativity, innovation and flexibility generate great success within the firms’ services and culture, where PKF Jordan and PKF Iraq promise of quality, accuracy, speed, and value remain applicable in all deliverables. Relying on PKF Jordan and PKF Iraq beliefs makes our caliber professional. And experiencing our services makes clients distinguishable. PKF Jordan and PKF Iraq services are designed to look after the best interest of the clients and protect their wealth. Our advisors thoroughly investigate the organization’s business cycle to innovate the most rewarding solutions. Our Vision: To be number one preference for companies in their selection of professional advisors. Our Mission: To assist our valuable clients upgrade their business performance and efficiency and help them gain competitive advantage for their business to succeed and excel. Contact Us: PKF Jordan Amman - Jordan Website: www.pkf.jo Email: [email protected] Tel: +962 6 5695442/ 3 Fax: +962 6 5606344 PKF Iraq Erbil - Iraq Website: www.pkfIraq.com Email: [email protected] Tel: +9647508829873 Fax: +96265606344 PKF Jordan and Iraq | Practical Guide 6 About Us PKF Jordan & Iraq deliver a full spectrum of services: Assurance and Advisory • Statutory audit • Accounting services • Non-statutory audit • Sarbanes Oxley assurance • Compilation of financial statements • International accounting standards • Assurance engagement • Internal audit • Business risk services Tax Consulting • Tax planning and tax manual • Income tax • Sales tax • Withholding tax • Employee’s tax Corporate Finance • Privatization and Build - Operate - Transfer (BOT) services • Private placement memorandum • Business plans • Finding and securing finance from the most appropriate sources (such as private equity firms) • Business valuations • Preparation of financial projections and financial cash flow forecasts • Investment agent • Provide ongoing advice and support with flotation, mergers and acquisitions, management buy-outs / buy-ins and disposals • Due diligence • Advice on reorganizing and restructuring existing businesses, commercial and tax considerations and fundraising options • Feasibility studies Forensic Accounting • Appraisal of financial losses resulting from fraud • Appraisal of damage resulting from prejudicial acts • Preparation of expert opinions and second opinions • Assisting solicitors in the financial aspects of cases • Intervention as arbitrators or mediators in dispute resolution Umbrella Services Financial Planning • Retirement planning • Savings and investments • Medical and life insurance • Business assurance • Property purchase IT Consultancy • Business process design • Disaster recovery planning • Managing Information Technology (IT) expenditure - budgeting and control • Project management of business requirements • Packaged software / Enterprise Resources Planning (ERP) selection and implementation • Information Technology (IT) security and crisis planning • Risk analysis and management • Information Technology (IT) policies and procedures Management Consultancy • Strategic planning to achieve a sustainable competitive advantage • Risk - measurement strategies, risk management plans and crisis handling • Institutional assessment and upgrading plans • Reviewing business processes for efficiency, control and effectiveness • Organizational restructuring • Competency-based human resources management and development • Performance scorecards and indicators • Marketing and market communication plans • Market studies, research and surveys • Customer satisfaction programs development • Financial policies and procedures including procurement, accounting, and budgeting • Corporate governance manuals • Costing systems • Internal audit manuals • Operations manuals • Quality management services • Monitoring, evaluation, and impact assessment studies PKF Jordan and Iraq | Practical Guide 7
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