Macao complementary tax levies are governed by the Law No.
21/78/M of 9th September 1978, ‘Regulations of Complementary
Tax'. The Regulations have been modified many times since
its promulgation in 1978. The complementary tax is equivalent
to income tax or profit tax in other countries and regions.
Macao complementary tax is regarded as a complement to the
levies of industrial tax, professional tax and urban property
tax.
Individuals and
corporations, irrespective of their residence or location
of head offices, who carrying on commercial or industrial
activities in Macao are subject to complementary tax on income
arising in or derived from Macao. Taxpayers subject to complementary
tax are classified into two groups, group A and group B.
Group
A taxpayers are those who have maintained appropriate accounting
books and records, including anonymous companies with limited
liability, companies limited by shares, etc., and any companies
with registered capital not less than MOP1,000,000 or with
annual average taxable profits for preceding three years
of more than MOP500,000. Individuals or companies with appropriate
accounting books and records may elect to be assessed under
the group A category by filing applications to the Macao Finance
Services Bureau. The annual financial accounts prepared by
group A taxpayers should be audited and counter-signed by
accountants or auditors registered with the Finance
Services Bureau. Group A taxpayers’ tax liabilities are assessed
by the tax authority based on their financial accounts submitted,
subject to tax adjustments determined by the authority.
Group
B taxpayers are those individuals or corporations without
appropriate accounting books and records. Tax liabilities
of these taxpayers are determined by the tax authority on
deemed profit basis for Macao tax purpose.
All taxpayers are
required to submit complementary tax returns within prescribed
periods set out in the Regulations. Group A taxpayers are
obliged to file returns to the Finance Services Bureau
in respect of preceding year between April and June each
year, whereas tax filing period of group B taxpayers is
between February and March each year.
The Regulations
define the income that means receipts from carrying on commercial
or industrial activities such as sales of goods and services rendered,
financial income, and so on, whether in recurrent or occasional
nature, principle or incidental, are all subject to complementary
tax.
Article 21 of
the Regulations provides that those outgoings and losses incurred
in activities directed toward the production of income
are allowed as deductions of such income. It, for example,
encompasses operating costs and expenditures, personnel expenses,
financial expenses, and allowable depreciation and loss provisions.
The deduction for depreciation is set out in the Decree-Law
No. 4/90/M "Regulations of Depreciation and Amortisation
on Fixed Assets" which classifies fixed assets into
10 general groups and defines the prescribed depreciation
rates for each category of fixed assets. The deduction for
provisions is defined in Article 25 to include the allowable
provisions for bad debts and stock losses. The Article states
that provision for bad debts not exceeding an amount equal
to 2% of accounts receivable balance at end of financial year
is deductible, while maximum deduction for stock loss
provision is restricted to 3% of closing stock value.
Certain expenditures may be disallowed by the Finance
Services Bureau, such as proportion of entertainment and
travelling expenses that the tax authority considers excessive,
complementary tax payments and tax penalties, etc. Loss incurred
by a group A taxpayer in one financial year may be carried
forward and deducted from the taxpayer’s taxable profits of
succeeding three financial years. Taxpayers other than
group A shall not be entitled to such deduction of losses
carry-forward.
Annual taxable
profit over MOP32,000 is taxed at rates ranging from 3% to
12% as follows
(effective from tax year 2004): |