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Income &
Sales Tax Department
Income
Tax Law
Law
No. 57 of 1985 as amended by :
Law No. (
4 ) of 1992
Effective
from Jan. 1st 1991
Law No. ( 14 ) of 1995
Effective
from Jan. 1st 1996
Law No. (25) of 2001
Effective
from Jan 1st 2002
And the
Withholding Regulations
Income Tax law No. (57) of
1985
Title and date of commencement
Article ( 1
)
This law is named ( The Income Tax Law 1985)
and comes into effect on the date of
publication in the Official Gazette
(1)
.
Definitions of Terms
Article ( 2
)
The
following terms and expressions incorporated
in this law shall have the meaning assigned
to them hereunder unless the context
indicates otherwise:
The Minister : The
Minister of Finance.
The Department : The Department
of Income Tax.
The Director : Director
General of the Income Tax
Department.
The Tax : The
Income tax imposed in accordance
with the provisions of this law.
The Assessing Officer : Any employee or a
committee of
employees
delegated in writing
by the Director General to assess or
scrutinize the Income Tax.
__________________________________________________________
(1)
This law was
published in page No. 1403 of issue No.
(3343) of the Official Gazette issued on
01/10/1985
- Many amendments were made to this law,
whereas, each amendment is effective from a
certain date and governs a certain period of
time. These amendments are as follows:
(A)
The provisional
amended law no. (4) for the year 1989. This
law is called (an amending law of the income
tax law for the year 1989) and is read along
with law no. (57) for the year 1985 as one
law, whereas it was effective from 1/1/1989
until 31/12/1990.
(B)
The provisional
amended law no. (40) for the year 1989 .This
law is called (an amending law of the income
tax law for the year 1989) and is read along
with law no. (57) for the year 1985 as one
law, whereas it was effective from 1/11/1989
until 1/11/1991.
(C)
The law no. (4) for
the year 1992. This law is called (an
amending law of the income tax law for the
year 1992) and is read along with law no.
(57) for the year 1985 as one law, whereas
it was effective from 1/1/1991.
(D)
The law no. (14) for
the year 1995. This law is called (an
amending law of the income tax law for the
year 1995) and is read along with law no.
(57) for the year 1985 and its amendments as
one law, whereas it was effective from
1/1/1996.
(E)
The law no. (25) for
the year 2001. This law is called (an
amending law to the Income Tax Law for the
year 2001) and shall be read along with the
law no. (57) for the year 1985 with the
amendment occurred upon it of one law to be
effective from 1/1/2002.
The Person : The natural or
juristic person (2) .
The Company : includes, except
for partnership company &
limited partnership in shares company,the
following:-
-
The Public
shareholding company, whereas the
co-operative society is considered a Public
shareholding company as regards its
activities aiming profits
(2) .
-
The limited
liability company.
-
Shares partnership
company.
-
The foreign company
or its branch no matter what kind of company
its is, resident or non-resident.
-
Any other company
established or adjusted its nomination
according to the effective Law of companies
(2) .
The Local Authority : Any municipal
or rural council or a council of
joint
services or any similar authority or body
established under the provisions of the law.
The Taxpayer : Every person
obliged to pay Income Tax.
The Gross Income : The total
taxpayer income from each
taxable source of income according to the
provisions of this law (2).
The Net Income : What is
remaining of the gross income from each
taxable source after deducting expenses and
costs of the work related to it as
determined according to the provisions of
this law (3).
The Taxable Income : What is remaining
of the net income or the total of the net
incomes, after deducting exemptions and
carried forward loss of the previous year
and/or years, and donations consecutively
and as stipulated in this law (2).
The Balance of the Due Tax : The tax after
making any set-off or discount or down
payment according to the provisions of this
law (3).
_________________________________________________________
(2)
This is how these
definitions which mentioned in this page &
next page were amended by margin (2) by
virtue of the amended law no. 25 for the
year 2001 published in page (2751) of the
issue no. (4496) of the Official Gazette
issued on 16/7/2001 the first article of
which stated that it shall be effective from
1/1/2002. Whereas these definitions used to
state by virtue of the original law no. 57
for the year 1985 which was effective from
1/1/1985 until 31/12/2001 the following:
The
person : The natural or juristic
person with the exception of the resident
ordinary company.
The company : The public or private shareholding
company and the non-resident ordinary
company. The resident ordinary company is
excluded. The co-operative society intended
for profit is treated as a public
shareholding company.
The Gross income
: The total amount of the
taxpayer`s incomes accruing from sources of
income included in this law
The Social Services Tax :The imposed tax by
virtue of the provisions of
the
Social Services Tax Law in effect (3).
The Building :An existing
building including the garden,
yard
or adjoining or surrounding ground and is
used or prepared to be used as part of it.
The Resident : A.The
natural Jordanian who usually resides
in
the Kingdom for a total period of not less
than
120 consecutive or interrupted
days per year.
: B. The natural Jordanian if employed
during
any period of the year by the Government
of the Kingdom or by any local authority
within the Kingdom.
:
C.The natural non-Jordanian citizen who
resides in the Kingdom for a total period
not
less than 183 consecutive or interrupted
days
per year.
: D.
The Juristic Person if registered in the
Kingdom
and has an office or a branch
practicing management or supervision of
his activity in the Kingdom.
The Year : The
period commencing on the 1st day
of
January and ending on the 31st of
December
of
the same year.
Sources of Income
Article ( 3 )
A.
Income accrued
or earned in the Kingdom from the
following sources by any person shall be
subject to tax:
1)
Profits or gains
from any work, craft, business, profession
or vocation regardless of the period during
which such work, business, profession, craft
or vocation may have been carried out or
exercised and from any separate transaction
or deal which is considered as trade or
business.
___________________________________________________________
= The Taxable Income : The
remaining amount of the gross income after
deductions and exemptions applicable under
the provisions of this law are made.
(3) This is how these definitions were
added by virtue of the amended law no. (25)
for the year 2001 published in page (2751)
of the issue no. (4496) of the Official
Gazette issued on 16/7/2001 the first
article of which stated that it shall be
effective from 1/1/2002.
2)
Salaries, wages,
allowances and bonuses received from any
employment including the estimated annual
value of housing or lodging or board or any
other allowance with the exception of the
hosting and representation allowances or
part thereof as well as cost of living and
travel allowances provided that the said
allowances have been used for employment
purposes and that the provisions of this
paragraph are organized by instructions
issued by the Director (4) .
3)
Interests,
commissions, discounts, and exchange
differences. Interests and commissions, on
doubted debts of banks, financial companies
and specialized lending companies which are
described as pending interests and
commissions shall be taxed in the year it is
received in accordance with the instructions
issued by the Director for this purpose and
approved by the Minister (5) .
4)
Earnings accrued
from any contract concluded in the Kingdom
such as profits of contractings,
undertakings, tenders, agencies,
commissions, representation, commercial
mediation and the like whether their sources
are from inside or outside the Kingdom.
5)
Earnings accrued
from any obligation (undertaking) or annuity
as well as income gained from wages and fees
of consultation expertise, arbitration and
the like.
6)
Rents from any
real estate and others accrued from
immovable properties, dues, installments and
other profits accruing from them. Also
incomes and earnings derived from any
property other than real estate and
immovable properties (6) .
___________________________________________________________
(4) See: decision no (5) for the year 1992
issued by the Special Court for Interpreting
laws published in page (1221) of issue no.
(3834) of the Official Gazette issued on
1/7/1992.
(5) this how this item was amended by
virtue of the amending law no. 4 for the
year 1992 published in page no. (214) of
issue no. (3804) of the Official Gazette
issued on 2/2/1992 the first article of
which stated that it shall be effective from
1/1/1991.
Prior to
its amendment, this item used to state as
follows:
3- interests, discounts, commissions,
including interests, discounts, exchange
differences, and commissions earned by
licensed banks, financial companies,
licensed money exchangers, insurance
companies, and mediators in the Jordanian
markets for stock exchange in return for
their services and credit facilities to
their customers.
This item had been
previously amended by virtue of the amending
law no. 4 for the year 1989 published in
page (186) of issue no. (3601) of the
Official Gazette issued on 17/1/1989 which
was effective from 1/1/1989 until
31/12/1990, where is used to state as
follows:
3- interests, commissions, discounts, and
exchange differences, interests and
commissions on doubted debts of banks,
financial companies, and specialized lending
companies which are described as pending
interests and commissions, shall be
collected in the year in which it is
received according to the instructions
issued by the director for this purpose and
approved by the Minister.
(6)
See: decision No. (4)
for the year 1995 issued by the special
court for interpreting laws published in
page (455) of issue no. (4026) of the
Official Gazette issued on 16/02/1995.
7)
Vacating money
and Key money & goodwill (7).
8)
Amounts received
in lieu of selling, hiring or concession
granted for using any trade mark, design,
patent or copyright and printing or any
other compensation (7).
9)
Income gained
from insurance business in all its forms,
land transportation, shipping and air
freight for both residents and non-residents
.
10)
Sale of assets
governed by the rules of depreciation
provided for in this law or transfer of its
ownership through means other than
inheritance. Taxable income from this source
shall be determined to be equal to lower of
the depreciation which has been deducted
under this law or to the profit realized
from sale or transfer of ownership
(8) .
11)
Lottery profits,
drawings, cash and material prizes whatever
it may be called which has a value not less
than one thousand Dinars for each prize, is
subject to tax at a rate of 10% of its
value, this tax is deducted by the paying
party and shall be paid to The Department
within thirty days of its due date, and is
deemed as deducted and final. It is not
allowed to be refunded, or set-off by virtue
of any provisions of this law, and if any
person fails to deduct and pay this tax,
then the non-deducted or non-paid tax shall
be collected from him as if it was a due tax
on him, taking into consideration the
provisions of article (38) of this law (9).
(7) This is how these two items were
amended by virtue of the amended law no.
25 for the year 2001 published in page
(2751) of the issue no. (4496) of the
Official Gazette issued on 16/7/2001 the
first article of which stated that it
shall be effective from 1/1/2002.
Whereas these two items used to
state by virtue of the original law no.
57 for the year 1985 which was effective
from 1/1/1985 until 31/12/2001 the
following:
7. Goodwill or vacating money.
The person who has paid this money is
permitted to amortize the amount as part
of his permissible production costs or
operation expenses for the purposes of
this law and over an equally divided
period of 5 years.
8. Amounts received in lieu of
selling, hiring or concession granted
for using any trade mark, design, patent
or copyright and printing or any other
compensation. Taxable income under this
item is distributed over a period 3
years.
(8)This is how this item was added by
virtue of the amending law no. (14) for
the year 1995 published in page (2971)
of issue no. (4072) of the Official
Gazette issued on 1/10/1995 the first
article of which stated that it shall be
effective from 1/1/1996.
(9) This is how this item was added by
virtue of the amended law no. (25) for
the year 2001 published in page (2751)
of the issue no. (4496) of the Official
Gazette issued on 16/7/2001 the first
article of which stated that it shall be
effective from 1/1/2002.
12)
Profits or gains
derived from any other source not included
in items (1 to 11) of this subsection which
have not been explicitly exempted under this
law or any other law (10) .
B.
1) All
incomes, including interests, commissions,
investment
returns, profits of trading
in currencies, valuable metals and
securities which are realized outside the
Kingdom by any Jordanian or resident and
which are arising from his funds and
deposits inside the Kingdom shall be
taxable.
Branches of Jordanian companies
operating abroad shall not be subject to
this clause.
The income of the non-Jordanian which is
realized abroad from the investment of his
foreign capital, returns, profits and yields
of liquidation of his investment or sale of
his project or share or stocks after moving
them out of the Kingdom according to the
provisions of the Encouragement of
Investment Law or any other effective
legislation in the Kingdom, shall not also
be subject to taxation under this clause.
2) (20%) of the net income,
after deducting the foreign income
tax, of the Jordanian companies
branches operating outside the Kingdom as
declared in their final accounts which are
certified by an external auditor shall be
taxable.
In all cases the net amount resulting
from applying that percentage shall be
considered a taxable income to the company
and shall be taxed at the rate for companies
as stipulated in clause (2) of paragraph (B)
of article (16) of this law and no amount or
portion of it may be deducted for any
reason.
3) If the taxpayer is a company, income
provided for in clause (1) of this
paragraph, shall not be taxed again under
clause (2) of this paragraph.
4)
The provisions of article (7) of this law
shall not apply to the
taxable income under this paragraph.
(10)
This is how this
item was amended after being re-numbered
to become (12) instead of (11) by virtue
of the amending law no. (25) for the
year 2001 published in page (2751) of
issue no. (4496) of the Official Gazette
issued on 16/7/2001 the first article of
which stated that it shall be effective
from 1/1/2002.
- See: decision no.
(5) for the year 1992 issued by the Special
Court for Interpreting laws published in
page (1221) of issue no. (3834) of the
Official Gazette issued on 1/7/1992.
5)
If a loss is incurred at any one year and to
any person who is
subject to the provisions of clauses ( 1
& 2 ) of this paragraph, it will be deducted
from the income in each clause separately,
up to the limits of such income. The
balance, if any, shall be carried forward to
the next year and so on up to six years
after the year in which it has incurred and
shall be deducted from the taxable income of
that income, provided that the taxpayer
maintains due and proper accounts.
6) The provisions of paragraph (B) of the
Third Article shall be applicable to any
Jordanian even if he holds another
nationality in addition to his Jordanian one
(11) .
C.
Profits earned
from export or re-export as accrued in the
Kingdom, and it is for the Ministers Council
upon a recommendation of the Minister to
exempt the profits of some kinds of exports
of local production from tax partly, or
wholly(12).
________________________________________________________
(11)
This is how this
paragraph was amended and became consisting
of six items by virtue of the amended law
no. (14) for the year 1995 published in page
(2971) of the issue no. (4072) of the
Official Gazette issued on 01/10/1995, the
first article of which stated that it shall
be effective from 1/1/1996, whereas this
paragraph used to state by the original law
no. 57 for the year 1985 which was effective
from 1/1/1985 until 31/12/1988 the following
:
B- Interests and commissions accrued outside
the kingdom by any licensed bank, financial
company, exchanger, or insurance company
shall be subject to tax after this law is
effective, and that is arising from its
money and deposits from the Kingdom.
This paragraph has
been previously amended by virtue of the
amending law no. (4) for the year 1992
published in page (214) of issue no. (3804)
of the Official Gazette issued on 2/2/1992
which was effective from 1/1/1991 until
31/12/1995, whereas this paragraph used to
state as follows:
B- Interests and commissions accrued outside
the Kingdom for any Jordanian person or
resident –including ordinary resident
companies- that are arising from his money
and deposits from the kingdom are subject to
tax. Also subject to tax the income of the
Jordanian person accrued outside the kingdom
from operating his capital arising from his
money and deposits inside the kingdom. The
net of this income is calculated based on
the average of the depository interest rate
prevailing in the kingdom during the year.
This paragraph has also been previously
amended by virtue of the provisional
amending law no. (4) for the year 1989
published in page (186) of issue no. (3601)
of the Official Gazette issued on 17/1/1989
which was effective from 1/1/1989 until
31/12/1990, whereas, this paragraph used to
state as follows:
B- Interests and commissions accrued outside
the Kingdom for any resident person –
including ordinary resident companies – that
is arising from his money and deposits from
the kingdom are subject to tax.
(12)
This is how this item
was amended by virtue of the amended law no.
(25) for the year 2001 published in page
(2751) of the issue no. (4496) of the
Official Gazette issued on 16/7/2001 the
first article of which stated that it shall
be effective from 1/1/2002.
whereas this paragraph used to state by the original
law no. 57 for the year 1985 which was
effective from 1/1/1985 until 31/12/2001 the
following :
C) Profits earned from exportation shall be deemed
to have been derived in the Kingdom, and the
Council of Ministers, may upon
recommendation of the Minister, exempt the
profits of some exports from tax wholly or
partially.
D.
The net income of
the partnership and limited partnership
company shall be distributed among partners,
whereas, the share of each one of them of
this income shall be added to his net income
from other sources if available, and shall
be taxed on this basis as a natural person
(13).
E.
Despite of any
other law, the Council of Ministers can,
upon a recommendation of the Minister,
impose tax on the profits of any investment
activity of any public institution or the
surplus of its annual income, including
government public institutions(14).
(13)
This is how this
paragraph was amended by virtue of the
amending law no. (25) for the year 2001
published in page (2751) of issue no. (4496)
of the Official Gazette issued on 16/7/2001
the first article of which stated that it
shall be effective from 1/1/2002.
This paragraph used to state by virtue of the
original law no. 57 for the year 1985 which
was effective from 1/1/1985 until 31/12/2001
the following :
D- The income of the normal resident company
is distributed between partners, whereas,
the share of each one of them from this
income is added to his gross income from
other sources.
This paragraph has
been previously amended by virtue of the
amended law no. (14) for the year 1995
published in page (2971) of issue no. (4072)
of the Official Gazette issued on 1/10/1995
which was effective from 1/1/1996 until
31/12/2001.
Whereas this paragraph
used to state by virtue of the original law
no. 57 for the year 1985 which was effective
from 1/1/1985 until 31/12/2001 the following
:
D- The income of the
Jordanian partnership, the share of partners
in apartnership by shares and a Jordanian
limited partnership shall be distributed
among these partners and each partner’s
share from that income shall be added to his
income from other sources.
(14) This is how this paragraph was added
by virtue of the amending law no (14) for
the year 1995 published in page (2971) of
issue no (4072) of the official gazette
issued on 1/10/1995, the first article of
which stated that it should be effective
from 1/1/1996
Article ( 4 )
A.
The husband and
wife are considered independent taxpayers.
B.
Subject to the
provisions of paragraph (C) of this article,
the taxpayer’s husband or the wife who is a
taxpayer enjoys the exemptions stipulated in
this law, and it is allowed that one of them
grants these exemptions completely or partly
to the other as needed(15).
C.
The wife who is
a taxpayer enjoys the following exemptions
partly or completely:
1-
The personal
exemption related to her and the exemptions
related to her study or sustenance study of
her children study, and other persons she
supports, also the expenses of supporting
her parents if supported by her according to
the provisions of article (13) of this law.
2-
Exemptions related to
her income from employment or the
recruitment stipulated in paragraph (A) and
(G) and (H) of article (14) of this law, she
also enjoys other exemptions stipulated in
that article if she proves that she is
actually responsible for what has been paid
of those expenses related to these
exemptions(15).
(15) This is how these two paragraphs
were amended by virtue of the amended
law no. (25) for the year 2001 published
in the page (2751) of issue no. (4496)
of the Official Gazette issued on
16/7/2001 the first article of which
stated that it shall be effective from
1/1/2002.
These two paragraphs used to
state by virtue of the original law no.
57 for the year 1985 which was effective
from 1/1/1985 until 31/12/2001 as
follows :
(B)
Only the husband
enjoys the exemptions stipulated in this
law, whereas, he may give it all or part of
it to his wife, upon the request of the
husband or if she was the only supporter of
the family.
(C) The wife
who is a taxpayer enjoys a partial exemption
from the salaries, wages, allowances,
bonuses, and benefits stipulated in
paragraph (A) or paragraph (B) and
paragraphs (G) & (H) of article (14) of this
law, and from exemptions stipulated in
article (13) of this law for the person or
persons that she supports.
These two paragraphs have been
amended by virtue of the amended law no.
(14) for the year 1995 published in page
(2971) of issue no. (4072) of the Official
Gazette issued on 1/10/1995 which was
effective from 1/1/1996 until 31/12/2001
whereas this paragraph used to state as
follows:
(B)
Only the taxpayer who
is a husband enjoys the exemptions
stipulated in this law, whereas, he may give
it all or part of it to his wife, upon the
request of the husband or if she was the
only supporter of the family.
(C) The wife
who is a taxpayer enjoys a partial exemption
from the salaries, wages, allowances,
bonuses, and benefits stipulated in
paragraph (A) and paragraphs (G) & (H) of
article (14), and from exemptions
stipulated in article (13) of this law for
the person or persons that she supports.
D.The husband and
wife may be treated as one taxpayer, for
the purpose of this law under their
request. Assessment shall be made in the
name of the husband. In such case tax shall
be collected from one or both (16).
E.
The husband is
obliged to carry out all measures, and
duties prescribed under this law relating to
the effecting of the assessment, including
the filing of annual returns, appearing
before the assessing officer to present
documents and the required detailed
information on his income or his wife’s
income or both, unless requested otherwise
by the wife(16).
Article ( 5 )
A.
1 – The income
is considered as derived or earned for any
person
upon its due time regardless of
its date of receipt, unless otherwise
stated in this law or any of the
instructions issued by its virtue
(17).
2 -
The Minister may be upon a recommendation
from the Director
except some kinds of incomes from the
provisions of item (1) of this paragraph, by
virtue of instructions that he issues for
this purpose and shall be published in the
Official Gazette (17).
B.
The tax shall be
imposed on the taxable income earned by any
person or accrued during any year, after the
end of this year subject to assessment, even
though income may have ceased during it.
C.
In the
computation of taxable income or tax itself,
the amount is lowered to the nearest Dinar
(18).
(16)
This is how
paragraphs (D,E) from this article were
amended by virtue of the amended law no.
(14) for the year 1995 published in page
(2971) of issue no. (4072) of the
Official Gazette issued on 1/10/1995,
the first article of which stated that
it shall be effective from 1/1/1996.
Whereas
these paragraphs used to state by virtue of
the original law no. 57 for the year 1985
which was effective from 1/1/1985 until
31/12/1995 the following :
D) The husband and wife may be treated as one taxpayer, for
the purpose of this law under their request.
Assessment shall be made in the name of the
husband. In such case tax shall be collected
from one or both, as the assesing officer
decides.
E) The husband is obliged to carry out all measures, and
duties prescribed under this law relating to
the effecting of the assessment, including
the filing of annual returns, appearing
before the assessing officer to present
documents and the required detailed
information on his income or his wife’s
income or both.
(17)
This is how this paragraph was added by
virtue of the amended law no. (25) for the
year 2001 published in page (2751) of issue
no. (4496) of the Official Gazette issued on
16/7/2001, the first article of which stated
that it shall be effective from 1/1/2002,
paragraph (A) & (B) has been re-numbered
to become (B) & (C).
(18)
This paragraph has been previously amended
by virtue of the provisional amending law
no. (4) for the year 1989 published in page
(186) of issue no. (3601) of the Official
Gazette issued on 17/1/1989 which was
effective as of 1/1/1989 until 31/12/1990,
whereas this paragraph used to state the
following:
B- when calculating
the taxable income, the resulting amount is
rounded to the nearest dinar.
Article ( 6 )
The
taxpayer who usually closes his accounts on
a day other than the end of December is
permitted to do so. In any such case, tax
shall be collected on taxable income within
one year ending on the same date. Such a
taxpayer shall enjoy the deductions
permitted in paragraph (B) of article (28)
under this law, irrespective of the names of
the months.
Article ( 7 )
A.
The following
shall be fully exempted from Tax:
1)
The official
emoluments of the King.
2)
The income of Local
Authorities.
3)
The Income of trade
union and professional bodies from business
not aiming profits (19).
4)
The income of
co-operative and charity societies and other
social bodies legally registered and
licensed from business not aiming profits
(19).
5)
The income of any
religious, charity, cultural, educational,
sport, or health institution of public
nature that is not aiming profits, and the
income of Waqfs and the income of the
Orphanage Investments Corporation (19).
6)
The income of the
exempted company registered according to the
effective companies law earned from
practicing its business outside the Kingdom
except for incomes earned from taxable
sources of income according to the
provisions of this law (20).
7)
The income of the not
aiming profits company registered according
to the effective companies’ law, except for
incomes earned from taxable sources of
income according to the provisions of this
law (20).
8)
The limitations and
conditions of the exemptions of incomes of
persons indicated in items (3-7) according
to a regulation issued by the Ministers
Council (20).
___________________________________________________________________________________
(19) These items were amended by virtue of
the amended law no. (25) for the year 2001
published in page (2751) of issue no. (4496)
of the Official Gazette issued on 16/7/2001,
the first article of which stated that it
shall be effective from 1/1/2002.
Whereas these items used to state
the following prior its amendment :
3. The income of Trade Unions
accrued from business not for the purpose of
profits.
4. The income of cooperative
societies derived from a business not for
profits purposes.
5. The income of any religious,
charitable, educational, cultural, sport and
health institutions of a public nature
accrued from income not for profits purposes
as well as income of charitable (trusts)
Waqfs and the income of the Orphanage
Investments Corporation.
(20) This is how these items were added by
virtue of the amended law no. (25) for the
year 2001 published in page (2751) of issue
no. (4496) of the Official Gazette issued on
16/7/2001, the first article of which stated
that it shall be effective from 1/1/2002,
the items (6-15) have been
re-numbered to become (10-19).
9)
Profits of shares and
dividends distributed by the company,
provided that 25% of the balance of the
profits and dividends of the beneficiary
person are returned in consideration of his
expenses(20).
10)
The income earned by
a blind or a completely disabled person from
craft or employment.
11)
The pension salary
accord under the provisions of laws and
regulations.
12)
Any lump-sum payment
received as compensation or as indemnity for
injury, termination of service or death.
13)
The income accrued
from land invested in agriculture, gardening
and afforestation or from poultry, cattle,
fish or bees breeding including income from
the transformation of their products by
simple manual labour(21).
14)
The profits of
re-insurance companies accrued from
contracts concluded with insurance companies
operating in the Kingdom.
15) A. Capital profits, profits accrued from
the buying and selling of lands, real
estate. Shares and bonds are considered part
of theses capital profits except for the
profits accruing from sale or transfer of
ownership of assets governed by the rules of
depreciation prescribed under this law,
provided that losses arising from the sale
or transfer of ownership of such assets
governed by the rules of depreciation are
deducted as soon as realized. This loss
shall be limited to the lower of the
depreciation deducted for the purposes of
this law and the incurred loss(22).
(21) See: decision no (4) for the year
1995 issued by the special court for
interpreting laws published in page
(455) of issue no (4026) of the Official
Gazette issue on 16/2/1995.
(22) This is how this paragraph was amended
by virtue of the amending law no (14) for
the year 1995 published in page (2971) of
issue no (4072) of the Official Gazette
issued on 1/10/1995, the first article of
which stated that it should be effective
from 1/1/1996
Whereas this paragraph used to
state by virtue of the original law no. 57
for the year 1985 which was effective from
1/1/1985 until 31/12/1995 the following:
11- Capital profits, whereas, profits
resulting from buying and selling lands,
real estate, stocks, and bonds among these
capital profits.
Whereas, this item has
been previously amended by virtue of the
provisional amending law no. (40) for the
year 1989 published in page (2193) of issue
(3661) of the Official Gazette issued on
1/11/1989 which was effective from 1/11/1989
until 1/11/1991 when it was announced that
it is void in page (1893) of issue no (3784)
of the Official Gazette published on
2/11/1991, whereas, this item used to state
the following before it was announced void
:
11- Capital
profits, whereas, profits resulting from
buying and selling lands, real estate,
stocks, and bonds among these capital
profits. except for profits resulting from
practicing the trade of lands and real
estate as a profession accrued from selling
lands and real estate that were bought or
started to construct after this law has come
into force.
B.
(25%) from profits from buying and selling
shares and bonds in Amman stock market and
outside it, and from the profits
distributions of the joint investment fund
earned by banks and financial companies,
provided that no refunds are made for the
profits of such companies in return for
exempting this percentage of profits (23).
16)
The rental value of
residential apartments occupied by their
owners, if natural, his wife, his son or his
brother or any of his ancestors or
descendants, or occupied by owners if
juristic, or any of their employees and
workers for the purpose of dwelling with no
charge, and in the latter case, exemption is
restricted to the rental value for the owner
and not for the employee or the worker who
occupies it.
17)
(15%) of the net
rental earned from renting properties within
Amman greater municipality and (30%) of the
net rental in the rest of the areas in the
Kingdom(24).
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(23) This is how this paragraph was added by
virtue of the amended law no. (25) for the
year 2001 published in page no. (2751) of
issue no. (4496) of the Official Gazette
issued on 16/7/2001, the first article of
which stated that it shall be effective from
1/1/2002, and item (11) from the amended
text
was considered paragraph (A) and has
been re-numbered to become (15).
(24) This how this item was amended by
virtue of the amended law no. 25 for the
year 2001 published in page no. (2751) of
issue no. (4496) of the Official Gazette
issued on 16/7/2001 the first article of
which stated that it shall be effective from
1/1/2002 & re-numbered to become from 13 to
17.
This item used to state by virtue of the
original law no. 57 for the year 1985 which
was effective from 1/1/1985 until 31/12/1988
as follows:
13- (30%) of rental accrued from renting
real estate in the province of the capital,
and (50%) of these rentals accrued in the
rest of the areas of the Kingdom.
This paragraph has been previously amended
by virtue of the provisional amending law
no.4 for the year 1992 published in page
(214) of issue no. (3804) of the Official
Gazette issued on 2/2/1992 which was
effective as of 1/1/1991 until 31/12/2001,
whereas this paragraph used to state the
following:
13- (10%) of rental accrued from renting
real estate in the province of the capital,
and (30%) of these rentals accrued in the
rest of the areas of the Kingdom.
This item has been previously amended by
virtue of the provisional amended law no. 4
for the year 1989 published in page (186) of
issue no. (3601) of the Official Gazette
issued on 17/1/1989 which was effective from
1/1/1989 until 31/12/1990, whereas this item
used to state the following :
13. (10%) of rental accrued from renting
real estate.
18)
The profits of
foreign companies not working in the Kingdom
(Headquaters or representation office)
incoming from their business abroad and
salaries and fees paid by such companies to
their non-Jordanian employees working in
their offices in Jordan (25).
19)
Allowances and
additional bonuses paid to Jordanian
diplomatic and consular sections members and
to government and public corporations
employees, and other persons working abroad
(25).
B.
The following
shall be exempted from tax :
1)
The income of Public
Institutions, with the exception of their
income accrued from rents and key-money
regardless of what is provided for in any
other law, and in compliance with the
provisions item (17) of paragraph (A) of
this article(26).
2)
The income of any
pension or Staff Provident Fund or any other
similar fund if the said exemption is
approved by the Minister.
3)
The emoluments and
salaries paid to diplomatic envoys and
members of the non-Jordanian consular corps
in their capacities as representatives of
their countries in the Kingdom, and subject
to reciprocal treatment.
4)
Salaries and wages
paid to non-Jordanian employees working with
Jordanian Diplomatic or consular offices
outside the Kingdom subject to reciprocal
treatment.
5)
……………………………………………………………..
(27).
(25) This is how these two |