On 28 October 2022, the General Department of Taxation (“GDT”) issued a new instruction, No. 26118, on the implementation of the official exchange rate rules to ensure that self-assessment taxpayers can accurately declare and pay taxes as well as issue invoices. This new instruction is effective from the date of signing (i.e. 28 October 2022) […]

On 14 November 2022, the General Department of Taxation (“GDT”) issued a new instruction, No. 27185 GDT, on the hanging or display the tax registration documents at the business premises and this instruction requires all enterprises to hang or display their valid tax registration documents at each business premises as set out below: 1. Head […]

Cambodia is set to implement the pension fund scheme beginning this month (October 2022). Under the scheme, employers and employees are required to contribute 50-50 into the fund. With the implementation, two questions have come up: Is the pension fund contributed by employee allowed to be deducted from salary before calculating Tax on Salary (“TOS”)? […]

As noted in a number of our previous tax alerts, implementation of VAT on e-commerce began in April 2022. Under the self-assessment regime, the regulations require that taxpayers apply the VAT reverse charge system to declare and pay 10% VAT to the General Department of Taxation (“GDT”) on any digital goods, services or e-commerce activities […]

The Sub-Decree specifies new Tax on Income (“TOI”) thresholds for the taxable income earned by physical persons, sole proprietorships, and the distributive share of each member of a partnership that is not classified as a legal entity. In addition, the Sub-Decree sets out new Tax on Salary (“TOS”) thresholds for salary income. The new annual […]

With a lack of thin capitalization rules in Cambodia, interest free loans have been the norm for many Multinational Enterprises funding their investment and ongoing operations in Cambodia. However, loss making or small profit margin Cambodian Taxpayers with interest free loans have found themselves facing large tax reassessments over the past three and a half […]

Over the last few months, the Accounting and Auditing Regulator (“ACAR”) has issued several notifications with regard to accounting report compliance requirements. We summarize the main points below. ACAR issued Notification No. 022 AAR.SCN on 22 November 2021 as a reminder that the following types of companies must submit to ACAR an audit report for […]

Credit notes and debit notes are used when there is an over- or under-charge on a customer’s invoice. Article 49 of the VAT Sub-Decree dated 24 December 1999 outlines the circumstances when a credit or debit note should be issued: The supply has been cancelled. The nature of the supply has been fundamentally varied or […]

Part One of our articles focusing on intra-group services in Cambodia highlighted the importance of Cambodian taxpayers being able to fundamentally prove that intragroup services were actually rendered by its related party and that these services justified a charge being made by its related party. Highlights of this note Risk created by Head Office approach […]

For many developing countries, one of the most common types of related party transactions is intra group services. This could be domestic, but is predominantly cross border services provided by Regional or Ultimate Headquarter/Group Service Centers. This Article discusses why so many Cambodian taxpayers are exposing themselves to a high level of transfer pricing audit […]

The Royal Government of Cambodia (“RGC”) has taken a number of actions to promote foreign investment in Cambodia, notably among them is amending the Law on Investment (“LOI”). The amended LOI has gone through several drafts and is now under review by the National Assembly and the Senate – the last step before it can […]

Highlights of this note Some pitfalls in registering an offshore sale of shares in a Cambodian company Frequent disputes on the 0.1% stamp duty for share transfers in Cambodia Uncertainties about future capital gains tax on the transfer of shares in a Cambodian company Registering a sale and purchase of shares in a Myanmar company […]

The Cambodian tax authority, the General Department of Taxation (“GDT”), has instituted an extension for all monthly tax returns normally due on 25 April.  These are the Prepayment of Profit Tax, the Value Added Tax, the Tax on Salary and the Withholding Tax. The extension comes amid city wide lock downs of Phnom Penh and […]

In accordance with the recent Government directed business closures and stay-at-home orders, we would like to inform you as follows: VDB Loi in Phnom Penh will continue to operate, with the help of our cloud technology, through online processes and work-from-home.  Tax filings and government filings will continue insofar these are possible by distance/online. Tax […]

On 29 January 2020, the Ministry of Economy and Finance issued Prakas No. 098 MEF.PrK on Tax on Income (“Prakas 098”), which made several changes to the previous Tax on Income (“TOI”) Prakas No. 1059 MEF.PrK.TD that will affect the preparation of TOI returns from the year 2020 onwards. We highlight below some of the […]

Introduction   The banking system in Cambodia includes commercial banks, specialized banks, microfinance institutions (“MFIs”), rural credit institutions, financial leasing companies, third-party processors, credit bureaus, representative offices, payment service providers, and money changers. Of these entities, commercial banks play a crucial role in providing financial services to the general public and businesses, ensuring economic and social stability, and the sustainable growth of the economy. As of this writing, there are 51 licensed commercial banks in Cambodia; […]

Capital Gains Tax (“CGT”) has finally been introduced in Cambodia by Prakas no. 356 MEF.Prk dated 1 April 2020, issued by the Ministry of Economy and Finance (“MOEF”). As per the Prakas, taxpayers both resident and non-resident are subject to CGT at the rate of 20% on their gains from the sale or transfer of […]

On 5 May 2020, the General Department of Taxation (“GDT”) issued a guideline on the value added tax (“VAT”) treatment of business asset disposals. The guideline specifies the following three points with regard to VAT on business asset disposals: Where the input VAT on a business asset was allowed as a tax credit, the subsequent […]

Due to the ongoing COVID-19 situation, on 26 May 2020, the Royal Government of Cambodia (“RGC”) issued a press release on the fourth round of stimulus measures in response to the COVID-19 pandemic, which are aimed at rebuilding and promoting economic growth after the COVID-19 crisis. The newly announced package extends tax relief previously set […]

In the wake of the Royal Government of Cambodia (“RGC”)’s stimulus package in response to the COVID-19 pandemic, the General Department of Taxation (“GDT”) has introduced further tax concessions for affected businesses. On 9 April 2020, the GDT issued Notification 9648 GDT (“Notification 9648”) on Additional Tax Concessionary Measures to Support Severely Affected Sectors as a […]