Practice Overview
Tax law in Nepal governs the system of imposing and collecting taxes by various government authorities. The primary legislation governing taxation in Nepal is the Income Tax Act, 2058 (2002), which provides the framework for direct taxes like income tax, corporate tax, and capital gains tax. Other important tax laws include the Value Added Tax Act, 2052 (1996) and the Excise Act, 2058 (2002) which deal with indirect taxes. We understand the great implications of tax laws to our clients. Prime Law Associates (PLA) deals in providing a creative solution to reduce large tax exposure to our clients. We offer broad service in all aspects of tax law to corporate and high net-worth clients. Our tax lawyers bring wide experience dealing with often changing government tax rules.
The Prime Factor
Prime Law Associates is a recognized leader in Tax Law providing legal services to businesses and individuals. We consult clients on including tax planning, compliance, dispute resolution, and regulatory advice.
Leading Tax Lawyers in Nepal
Our Services
Tax/VAT Filing & Returns
This service involves the preparation and submission of tax and Value Added Tax (VAT) returns to the Nepalese tax authorities. It includes gathering financial data, calculating tax liabilities, completing required forms, and ensuring timely filing. Professionals assist businesses and individuals in navigating complex tax regulations, maximizing deductions, and avoiding penalties. The process covers income tax, corporate tax, and VAT returns. It may involve monthly, quarterly, or annual filings depending on the taxpayer's category.
Taxation Legal Advisory
Taxation legal advisory services in Nepal provide expert guidance on tax laws, regulations, and their implications for businesses and individuals. Advisors interpret complex tax codes, offering strategic advice to optimize tax positions while ensuring compliance. They assist clients in understanding their tax obligations, planning for future tax liabilities, and structuring transactions to minimize tax burdens. Services may include analyzing proposed business deals, advising on international tax matters, and providing opinions on tax treatment of specific transactions.
Corporate Taxation Memorandum
A corporate taxation memorandum in Nepal is a comprehensive document that outlines a company's tax position, strategies, and potential issues. It analyzes the corporation's tax liabilities, deductions, credits, and compliance requirements under Nepalese tax laws. The memorandum typically includes an assessment of the company's current tax situation, identification of tax risks and opportunities, and recommendations for tax optimization. It may cover topics such as transfer pricing, cross-border transactions, and industry-specific tax considerations.
Tax Compliance
Tax compliance in Nepal involves adhering to all applicable tax laws, regulations, and reporting requirements set by the Inland Revenue Department. It encompasses timely filing of tax returns, accurate payment of tax liabilities, and maintaining proper documentation to support tax positions. Compliance activities include registering for relevant taxes, keeping detailed financial records, calculating tax obligations correctly, and responding to tax authority inquiries. It also involves staying informed about changes in tax legislation and implementing necessary adjustments to internal processes.
Tax Dispute Resolution & Litigation
Tax dispute resolution and litigation in Nepal involve managing conflicts between taxpayers and tax authorities. This process begins with addressing disagreements over tax assessments, interpretations of tax laws, or alleged non-compliance. It may start with administrative appeals within the tax department, progressing to formal litigation in tax tribunals or courts if unresolved. Tax professionals represent clients, preparing legal arguments, gathering evidence, and negotiating with tax officials. They aim to resolve disputes favorably, potentially reducing tax liabilities or penalties. Litigation may involve challenging tax decisions, seeking refunds, or defending against tax evasion charges.
Tax Due Diligence
Tax due diligence in Nepal is a comprehensive review of a company's tax affairs, typically conducted during mergers, acquisitions, or significant corporate transactions. It involves examining tax returns, financial statements, and tax-related documents to assess potential tax risks and liabilities. The process identifies historical tax compliance issues, ongoing disputes with tax authorities, and potential future tax exposures. Tax professionals analyze the target company's tax positions, transfer pricing policies, and tax planning strategies. They evaluate the impact of the transaction on future tax obligations and identify opportunities for tax synergies.
VAT and Indirect Tax Advisory
VAT and indirect tax advisory services in Nepal focus on navigating the complexities of Value Added Tax and other indirect taxes such as excise duties and customs duties. Advisors assist businesses in understanding their VAT obligations, including registration requirements, record-keeping, and filing procedures. They provide guidance on VAT treatment of various transactions, helping clients optimize their VAT positions while ensuring compliance. Services may include structuring business operations to manage VAT efficiently, advising on cross-border transactions, and assisting with VAT refund claims.
Our Experience
- Represented clients in high-stakes tax litigation before the Revenue Tribunal and Supreme Court of Nepal
- Advised on tax structuring for several foreign investments in Nepal
- Conducted comprehensive tax due diligence for major M&A transactions in the banking and telecom industries
- Designed and implemented VAT compliance systems for large retail chains operating across Nepal
- Provided ongoing tax & legal advisory services to several of Nepal’s largest corporate groups across various industries
- Provided Legal Advisory for improper custom valuations.