Information on Taxes in Egypt - Youssry Saleh Law Firm

Information on Taxes in Egypt

Youssry Saleh & Partners   24 Mar 2015   514 Views

This article sheds light over the applicable Egyptian Taxation Law and its Executive Regulations and Procedures in light of the new amendments thereto since 2002. Tax Pertinent Legislations

*  The law No. 14 for the year 1939;

*  The law No. 157 for the year 1981, amended by the law No. 187 for the year 1993;

*  The law No. 91 for the year 1991 – a comprehensive and in-depth study of the provisions contained therein;

*  The national and international standards on rendition of taxation consultations;

*  The law of free professions and its regulating provisions from a taxation perspective;

*  The comparative study between the Egyptian and French Taxation Legislations;

*  The rights of Tax-Payers under the Constitution;

*  The international conventions on taxation and non-double taxation;

*  The Judicial precedents of the Egyptian Court of Cassation, the Constitutional Court and the State’s Council.

*  The ministerial decrees and decisions pertinent to the laws, rules and regulations as well as the executive regulations of all taxable revenues.

The relation between Law and Tax

*  The impact on the Taxation legislations of the industrial and commercial developments as well as the flow of foreign investments. In all, the changes occurring in the regional, local and international economic climate, and the expansion of services.

*  A view on the international Accounting standards and their relation and interaction with taxation procedures.

*  Insight on the tax application scopes: personal, financial, regional, accounting periods, basis of assessment of taxable income and deduction of expenditures, and the nature of both income/expenditure entries on the tax declaration form.

*  Professional steps applied while filling the annual tax declaration.

*  The professional and diligent manner of filling out the Tax Declaration form, with special attention to the general rules, specific points on Revenues and Expenditures, deductable and non-deductable entries.

*  An in-depth acquaintance with all types of the Tax Declaration forms that are used by different professions.

Procedures

*  Detailed approach on the procedures of assessment of the taxation vessel.

*  The importance of “notification” in the Taxation Law, prior and after assessment. The proper and legal way of notification, as opposed to the non-acceptable means of notification.

*  The discussion summon sent by the Tax Authority in order to examine and cross-examine the Tax Declaration submitted by a Tax-Payer. The permissible extent of search, with or without search warrants.

*  The nature of the report issued by the Authority as generating an administrative decision which could be subject to objection, and the competent authority having jurisdiction over the said decision.

*  The lapse of the Authority’s right to claim unsettled taxes, whether civil or criminal lapse of the legally prescribed periods.

*  The types of taxation vessels: income tax, duty stamps, sales tax, free professions tax, real estate revenues tax, customs’ tax, resource development tax, and entertainment tax.

*  The competent legal entities having jurisdiction to view disputes over the different type of taxations vessels.

*  Exemptions stipulated under the Law, and the advantages and disadvantages thereof, both to individual or corporate Tax-Payers.

Practical application

*  Detailed overview of the Articles of the Taxation Law No. 19 for the year 91 for the year 1991.

*  The difference between tax assessment and tax adjustment, and the importance of such distinction in the objection and litigation procedures, and hence the proof of indebtedness to the Authority.

*  The problems arising as a result of annulment of tax assessment procedures.

*  An in-depth discussion and overview on Foreign Credit Tax.

Penalties

*  Penalties imposed on violations: non-submission, failure to submit on the legally prescribes period, tax evasion, and non-filing for a Tax File/Card.

*  Penalizing acts and omissions, as well as negligence.

*  Fighting fraudulent acts which developed as a result of lack or insufficiency of preventive provisions.

*  The incrimination process and reasoning in order to identify the moral and material pillars of taxation pertinent crimes. The nature of the tax crime and the results and effects of conviction.

*  Legal means of prevention of questioning, penalization and hence conviction.

*  Legal actions and measures to face the recurrence of tax pertinent crimes, and the relevant penalties and punishment.

*  Constitutional and legal grounds for understanding the nature and legitimacy of incrimination in tax-pertinent matters and/or disputes.

*  The modern amendment to the incrimination process and the pertinent penalties, fines, and amercements.

*  Conciliation and amercement proceedings.

*  Forms of Tax evasion acts, forging books, faking books / documents / invoices / receipts, hiding and/or submitting misleading reporting.

*  Advocacy fees and conditional rates on the reduction.

*  Final layout on the prospective changes to the Taxation jurisprudence to accommodate economic, social and political enhancement towards a more sound and effective legislations to better serve economy, society and domestic and international politics.