A Review of the Iranian Tax System
1. Tax Bases and Rates
The Iranian tax system is divided into two general categories of direct and indirect taxes. The share of direct taxes from the total tax revenues is almost 63% currently. There are two major types of direct taxes including income taxes and property taxes. Each category of direct taxes, in turn, is divided into sub-parts. Indirect taxes include taxes on imports and Value Added Tax (VAT). Taxes on imports are currently collected by the Islamic Republic of Iran Customs Administration (IRICA) and are not within the jurisdiction of INTA. Table 1 briefly shows various types of taxes in the Iranian taxation system
Table (1): The Iranian Tax System
Tax Category |
Tax Type |
Tax Base |
Act/
Chapter/Article |
Taxable Income |
Taxable Persons |
Tax Rates |
Direct Taxes |
Income Taxes |
Real Estate Income Tax |
DTA - C/I/52-58 |
Income of persons derived from transfer of rights in immovable properties situated in Iran, less the exemptions: total rent, less a deduction of 25% for expenses, depreciations, and commitments of the owner in regard to the property. |
Owners who have rented their immoveable properties to others |
15%-25% |
Employment Income Tax |
DTA -C/III/82-92 |
Salaries, wages or any other remuneration received by individuals in respect of their employment services. Payments for works conducted out of Iran, shall be subject to the tax, provided that the payer is an Iranian resident. |
Individuals |
10% for both public & private sector employees on amounts seven time the basic annual allowance;
20% for amounts above that. |
Individual Business Income Tax |
DTA -C/IV/ 93-104 |
Unincorporated business activities (aggregate sale of goods and services) less the exemptions provided in the DTA |
Individuals |
15-25% |
Corporate Income Tax |
DTA -C/V/105-118 |
Aggregate profits of companies, and the profits from the profit-making activities of other legal persons, derived from sources in Iran or abroad, less the losses from nonexempt sources and minus the provisioned exemptions |
Legal Persons |
25% |
Tax on Incidental Income |
DTA -C/VI/119-131 |
Income earned ex gratia or through favoritism or as an award. |
Real or legal person |
15-25% (for real persons)
25% (for legal persons) |
Property Taxes |
Tax on Transfer of Real Properties |
DTA -C/I/59-80 |
Final transfer of real estates & goodwill shall be subject to taxation at the date of transfer. |
Real or legal person |
5% & 2% |
Tax on Transfer of Shares |
DTA -D/I/143 |
Nominal value of transfer of shares |
Joint Stock Companies and other Companies |
0.5% & 4% |
Inheritance Tax |
DTA -B/IV/17-39 |
Any estate left from the deceased individual. |
Real person |
as provisioned in Article 17 |
Stamp Duties |
DTA -B/5/44-51 |
Each sheet of check printed by banks (Rls. 200), bill of exchange, promissory notes (0.05%), and other documents and negotiable papers with specified amounts. |
|
As provisioned in Articles 44-51 |
Indirect Taxes |
VAT |
Value Added |
VATA |
Value added resulting from the sale of all goods and services and their imports, except 17 items listed in Article 12 of the VAT Act (VATA) as the exempted ones |
Real and Legal Persons |
9%
|
Taxes on Imports |
Currently collectible by the Islamic Republic of Iran Customs Administration (IRICA) |
Some of the most important tax rates are as follows:
Table (2): Most Important Tax Rates
Tax bases |
|
Tax rates |
Company Income Tax |
|
25% |
Real Persons Income Tax |
Rates of the Article 131 |
Up to IRR 500,000,000 |
15% |
500,000,000 to 1,000,000,000 |
20% |
Over 1,000,000,000 |
25% |
Public & Private Sector Salaries Income Tax |
Up to an amount 7 time the basic annual allowance |
10% on annual income |
Over that amount |
20% on annual income |
Rental Income Tax |
Individuals
Legal Persons |
Rates of Article 131 (15-25%)
25% |
Transfer Tax |
Goodwill |
As provisioned in Article54 |
Real properties |
5% |
Shares |
0.5% (listed companies shares) |
4% (other companies) |
Value Added Tax |
|
9% |
- Taxation from foreign investors in Iran
Direct Taxes
All non-Iranian real or legal entities for the income earned in Iran and also for the income gained through granting of license or other rights, technical and educational assistance or movie contracts in the territory of Iran are subject to taxation. Depending on the type of activity of the foreign investor, various taxes and exemptions are applicable, including profit tax, income tax, property tax, etc.
Foreign investors in Iran enjoy the same supports and privileges that are offered to the Iranian investors. This means both Iranian and foreign investors pay the same amount of taxes. Tax exemptions and discounts are also equally granted to domestic and foreign investors.
Since foreign investments are usually active as legal entities, we will hereunder focus on rules and regulations for Corporate Income Tax.
Corporate Income Tax
a) General Issues
Foreign legal entities residing abroad shall be taxed at the flat rate of 25% in respect of the aggregate taxable income derived from the operation of their investment in Iran or from the activities performed by them, directly or through the agencies in Iran.
The legal entities shall not be subject to any other taxes on the dividends or partnership profits they may receive from the capital recipient companies.
Legal entities are obligated to, even within the exemption period, submit declaration and profit and loss balance sheets, provided from their official statutory books, maximum four months after the tax year (March 21 each year until March 20 next year) along with the list of partners and shareholders, their shares and addresses to the tax department within the area of the activity of the legal entity. If these legal entities do not submit the documents within the stipulated time span, the tax exemption will be null and void
- b) Exemptions
Iran Direct Taxes Act (IDTA)and other pertinent legislations have considered certain exemptions for the legal entities as table (3):
Table (3): Highlights of Tax Exemptions
Activity |
Level of Tax Exemption |
Duration of Exemption |
Legal Basis
(Act- Article) |
Incentive Type |
Agriculture |
100% |
Perpetual |
IDTA- Article 81 |
Permanent Exemption |
Industry and Mining |
100% |
5 Years |
IDTA- Article 132 |
Tax Holiday
(Zero-rate taxation) |
Industry and Mining in Less-Developed Areas |
100% |
10 Years |
IDTA- Article 132; Paragraph B of Article 159 of the 5thYear Development Plan |
Tax Holiday
(Zero-rate taxation) |
Tourism |
50% |
Perpetual |
IDTA- Article 132 Paragraph M |
Tax Credit |
Export of Services & Non-oil Goods |
100% |
During 5th Development Plan |
IDTA- Article 141 |
Tax Holiday |
Handicrafts |
100% |
Perpetual |
IDTA- Article 142 |
Permanent Exemption |
Educational & Sport Services |
100% |
Perpetual |
IDTA- Article 134 |
Permanent Exemption |
Cultural Activities |
100% |
Perpetual |
IDTA- Article 139- Paragraph L |
Permanent Exemption |
Salary in Less-Developed Areas |
50% |
Perpetual |
IDTA- Article 92 |
Tax Credit |
All Economic Activities in Free Zones |
100% |
20 Years |
Article 13- the Free Zones Act |
Tax Holiday |
Profits of Private and Cooperative Companies used for development, reconstruction and renovation of existing industrial and mining units
|
50% |
Perpetual |
Paragraph A of Article 159 of the 5th Development Plan, 15% was added to the exemption as of 2010 |
Tax Credit |
- c) Deductions
Expenses which are deductible in the assessment of taxable income are listed in the Direct Taxes Act. These expenditures must be supported to a reasonable degree by documentary evidence and are exclusively connected with the earning of income during the year in question.
The categories of deductible expenditure are as follows:
Table (4): Deductible Expenses
The cost of goods and raw materials |
Expenses incurred in the maintenance and upkeep of the premises owned by the enterprise |
Personnel costs |
Transportation expenses |
Rental of enterprise s premises in case of being rented |
Expenses related to transportation and entertainment for employees, and warehousing costs |
Rent of machinery and equipment |
Fees paid in proportion to the services rendered |
Costs of fuel, electricity, lighting, water and communication |
Interest, fees, and fines paid or allocated to banks, the Cooperative Fund, agricultural development funds, authorized non-bank credit institutions and leasing companies licensed by the Central Bank of the Islamic Republic of Iran for the carrying out of the enterprise’s operations |
Business insurance |
Cost of repair and maintenance of machineries and business equipments |
Royalties, duties, rights and taxes paid |
Abortive exploration expenditures for deemed mines |
Research, development and training expenditure |
Membership and subscription fees connected with the business operations |
Compensation paid for damages resulted from the business operations |
Bad debts, if proved |
Cultural, sports and welfare expenditures paid to the Ministry of Labour and Social Affairs in respect of workers |
Currency exchange losses computed in accordance with accepted accountancy practice |
Reserves against doubtful claims |
Normal wastage of production |
Losses of legal persons |
The reserve related to acceptable expenses of the assessment period |
Minor expenses incurred in connection with the rented premises of the enterprise |
Expenses for purchasing of books and other cultural and art goods for employees and their dependents |
Reserve related to after sales (guarantee) services by legal persons |
Other expenses that are not referred to in the above Table, but are related to the earning of the enterprise s income, shall be accepted as deductible expenses on basis of the proposal of the INTA and approval of Ministry of Economic Affairs and Finance.
- d) Losses
Losses sustained by all taxpayers engaged in trading and other activities are accepted by the tax authorities; will be carried forward and written off against future profits for a period of three years.
- e) Withholding taxes
*The payers of salaries are obliged, when paying or allocating the same, to compete and withhold therefrom the applicable taxes and to remit, within thirty days, the deducted amounts together with a list containing the names and addresses of recipients and the amount of the payments, to the local tax assessment office.
* Payments made by employers to real persons other than their own employees who are not subject to payment of retirement or insurance contributions, under such titles as consultation fees, meetings attendance fees, teaching fees, or study and research fees, shall be taxed at the flat rate of 10%, without taking into account the annual individual income allowance (see Note under Art. 86 of DTA). The employers are required to deduct, at the time of each payment or allocation of it, the applicable tax and remit the same, to the relevant Tax Affairs Office, up to the end of the next subsequent month (see the same Note).
* In the investor-agent partnerships, the agent (mozareb) is required, at the time of filing his tax return, to withhold the tax applicable to the share of the owner of capital without applying any exemptions, and to remit the same, as an on account payment of the investor s tax, to the relevant tax account (see Art. 102 of IDTA).
* Legal persons are required to withhold the "real estate income taxes" thereof from any rental payments they make and to pay it, up to the end of the next subsequent month, to the Tax Affairs Office of the district where the property is situated, and to hand over the receipt of the same to the relevant landlord (see Note 9 under Art. 53 of DTA).
* Those making any payments to foreign legal persons residing abroad in respect of the income they derive in Iran or from Iran shall be required to withhold the applicable tax at the rates stipulated in Article (107) of the Direct Taxes Act by taking into account the total payments made from the beginning of the year up to the date of each relevant payment. They should remit the withheld amounts, up to the end of the next subsequent month, to the relevant Tax Affairs Office.
- f) Depreciation
Depreciation of assets is deductible in the assessment of taxable income. Depreciation rates range from 5% to 100% and the period over which assets may be depreciated ranges from 2 to 15 years.
- Value Added Tax (VAT) in Iran
The VAT in Iran is levied on the sale of all goods and services and their imports, except 17 items listed in Article 12 of the VAT Act (VATA) as the exempted ones. The VATA, however, does not include the export of goods and services through official Customs gates. Therefore, the taxes paid for the export of goods and services will be refundable by submitting the Customs clearance sheets and valid documents.
Currently, the VAT rate stands at 9% (VAT rate for two special goods of cigarettes and jet fuel is relatively higher).
Economic activities in free trade and industrial zones are exempted from the VAT.
- Agreements for the Avoidance of Double Taxation
To facilitate cooperation between Iranian and foreign residents and to promote trade and economic exchanges with foreign countries, the Government of the Islamic Republic of Iran has applicable mutual Agreements for the Avoidance of Double Taxation:
Table (5): List of Iran s Applicable Agreements for the Avoidance of Double Taxation
France |
Turkmenistan |
Algeria |
Azerbaijan Republic |
Kyrgyzstan |
Turkey |
Indonesia |
South Africa |
Kazakhstan |
Tunisia |
Ukraine |
Germany |
Qatar |
China |
Bahrain |
Austria |
Georgia |
Russia |
Belorussia |
Jordan |
Lebanon |
Sri Lanka |
Bulgaria |
Armenia |
Poland |
Switzerland |
Venezuela |
Uzbekistan |
Kuwait |
Syria |
Pakistan |
Spain |
Serbia |
Sudan |
Romania |
Tajikistan |
Malaysia |
Croatia |
South Korea |
Oman |
Slovenia |
Macedonia |
| Related Pages • Corporate Income Tax • Employment Income Tax • Full-Text of VAT Act • Individual Business Income Tax • Letters of Circular • Property Taxes • Real Estate Income Tax • Tax on Incidental Income • VAT
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