Budget 2026-27: Double burden of minimum tax and tax deduction at source

Tax deduction at source (TDS) has long served as an efficient mechanism for revenue collection within Bangladesh’s income tax framework. However, its growing overlap with the turnover-based minimum tax, and the treatment of tax deducted at source as minimum tax in many cases under the Income Tax Act 2023, is creating unintended structural distortions in the business environment. While these measures may ensure a predictable revenue stream for the government, their combined effect is becoming increasingly burdensome for businesses, particularly in terms of cash flow, tax equity, and overall economic efficiency.

The main objective of the minimum tax is to ensure that no taxpayer is left out of the tax net. That is, even if a person or organization shows a loss or very little profit, they must pay a minimum tax on a certain basis. It is a way to prevent tax evasion and protect revenue. In Bangladesh, this minimum tax is mainly implemented in two ways.

First, the turnover-based minimum tax imposes a levy on gross receipts, irrespective of profitability. Currently, companies and institutions exceeding Tk 50 lakh in turnover and individuals exceeding Tk 4 crore are subject to this tax, with rates ranging from 0.1% to as high as 3% depending on the sector. For instance, tobacco and soft drink manufacturers face a 3% rate, mobile operators 1.5%, and most other sectors around 1%.

Second, Tax Deducted at Source (TDS), although legally designed as an advance tax, often functions in practice as a de facto minimum or even final tax. In theory, TDS should be adjustable against final tax liabilities. However, in reality, such adjustments are frequently limited or unavailable, particularly for businesses operating at a loss or with slim profit margins. As a result, taxes deducted at source effectively become non-refundable, locking in a tax burden regardless of actual income.

In many cases, TDS effectively serves as a minimum tax, ensuring that the government secures a certain level of revenue even when the taxpayer’s financial condition is unfavorable. A significant portion of taxes deducted or collected at source under various provisions, spanning Sections 88 to 139 of the Income Tax Act 2023, functions in this way.

Even if the final tax calculation suggests a lower liability, the amount already deducted or collected often remains unchanged, creating a structural mismatch and undermining fairness in the tax system.

This dual application creates a significant imbalance. A substantial portion of tax collected under multiple provisions of the Income Tax Act now carries the characteristics of minimum taxation. Consequently, businesses often face effective tax rates far exceeding statutory rates, sometimes by five to ten times. This is particularly damaging for credit-dependent enterprises, which may struggle to maintain liquidity, meet loan obligations, and sustain operations. The implications extend beyond individual firms, posing risks to the broader financial system, including banking sector stability.

Fundamentally, this structure deviates from the core principle of income taxation—that tax should be levied on net income, not gross receipts. By ignoring costs, losses, and the taxpayer’s ability to pay, the current system imposes what can only be described as economically punitive measures.

Moreover, the absence of a mechanism to carry forward excess minimum tax paid during loss-making periods further compounds the problem, effectively leading to elements of double taxation.

In contrast, most developed tax systems treat TDS strictly as an advance payment, fully adjustable against final liabilities. Even in neighboring economies like India, such adjustments are standard practice. Bangladesh’s partial and inconsistent integration of these systems has resulted in unnecessary complexity and diminished business confidence.

As the government prepares the national budget for 2026–27, there is a timely opportunity to recalibrate the tax framework. Several policy measures merit serious consideration:

• Repealing the provision of minimum tax under Section 163, which conflicts with fundamental income tax principles and imposes disproportionate burdens.
• Clearly redefining TDS as an adjustable advance tax, ensuring full reconciliation at the time of final assessment.
• Rationalizing TDS rates, setting them at 2% for industrial and trading sectors, and 1% for service, advertising, and media sectors.
• Reducing the turnover-based minimum tax rate to a uniform 0.5% to ease pressure on businesses.
• Introducing a carry-forward mechanism to allow adjustment of minimum tax paid during loss-making periods against future profits.
• Simplifying the overall tax structure to eliminate instances of multiple taxation on the same income stream.
• Providing targeted relief or conditional exemptions for small and medium enterprises (SMEs), which are particularly vulnerable to cash flow constraints.

Revenue mobilization is undeniably critical for national development. However, it must not come at the expense of economic vitality. A tax system that is perceived as punitive or inequitable risks discouraging investment, stifling industrial growth, and undermining long-term competitiveness.

A balanced, transparent, and business-friendly tax regime is not merely desirable—it is essential. The upcoming budget presents a crucial opportunity to address systemic issues and lay the foundation for a more sustainable, growth-oriented fiscal framework. While ensuring revenue generation remains important, it is equally critical to foster a competitive and sustainable business environment.

The current structure of minimum tax and tax at source, combining features of advance, minimum, and partial final taxes, can act as a deterrent to investment, industrialization, and long-term economic growth. Therefore, the need of the hour is to revisit these mechanisms in the next budget and introduce a more balanced, fair, and investment-friendly tax system.

The writer is a fellow chartered accountant. He can be reached at faysal.aqc@gmail.com