Prakas on Reclassification of Taxpayers

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Tax Prakas on Reclassification of Taxpayers The Ministry of Economy and Finance ( MEF ) has issued a Prakas No.025 on the Reclassification of Taxpayers under the Self-Assessment Regime (or the Real Regime of Taxpayers) dated 24 January 2018. This Prakas No.025 aims to replace the classifications of taxpayers defined in the previous Prakas No. 1819 on the Classification of Taxpayers under the Self-Assessment Regime (or the Real Regime of Taxpayers) dated 25 December 2015. Below is the table of the criteria of the classification of taxpayers as per the previous Prakas No. 1819 and the reclassification of taxpayers as per the new Prakas No. 025. Taxpayers Classification criteria Prakas No. 1819 (Outdated) Prakas No. 025 (New) Small Annual turnover from KHR 250,000,000 (approximately USD 62,500) to KHR 700 000,000 (approximately USD 175,000); Three consecutive months turnover or expected three consecutive months turnover more than KHR 60,000,000 (approximately USD 15,000) within the calendar year; Sole proprietorship or partnership; Participation in any bidding or quotation for supply of goods or services. Medium Enterprises with annual turnover from KHR 700,000,000 (approximately USD 175,000) to KHR 2,000,000,000 (approximately USD 500,000); Enterprises which are incorporated as legal entities; Sub-national institutions, associations and non-governmental organisations.. Annual turnover from KHR 250,000,000 (approximately USD 62,500) to KHR 700,000,000 (approximately USD 175,000); Three consecutive months turnover or expected three consecutive months turnover more than KHR 60,000,000 (approximately USD 15,000) within the calendar year; Sole proprietorship or partnership; Participation in any bidding or quotation for supply of goods or services. Enterprises with annual turnover from KHR 700,000,000 (approximately USD 175,000) to KHR4,000,000,000 (approximately USD 1,000,000); Enterprises which are incorporated as legal entities, representative offices; National and Sub-national government institutions, all types of organisations or associations including non-governmental organisations; Foreign embassies and consulates, international organisations and technical cooperation agencies of other countries. R&T Sok & Heng Law Office 1

Tax Large Enterprises with annual turnover above KHR 2,000,000,000 (approximately USD 500,000); Branches of foreign companies; Enterprises registered as Qualified Investment Projects; Government institutions, foreign embassies and consulates, international organisations and technical cooperation agencies of other countries. Enterprises with annual turnover above KHR 4,000,000,000 (approximately USD 1,000,000); Subsidiaries of multinational companies, branches of foreign companies; Enterprises registered as Qualified Investment Projects. R&T Sok & Heng Law Office 2

Contacts HENG Chhay Managing Partner heng.chhay@rajahtann.com HOUT Sotheary Partner hout.sotheary@rajahtann.com CHUM Socheat Tax Manager chum.socheat@rajahtann.com R&T Sok & Heng Law Office 3

Our Regional Contacts Rajah & Tann Singapore LLP T +65 6535 3600 F +65 6225 9630 sg.rajahtannasia.com Christopher & Lee Ong T +60 3 2273 1919 F +60 3 2273 8310 www.christopherleeong.com R&T Sok & Heng Law Office T +855 23 963 112 / 113 kh.rajahtannasia.com Rajah & Tann NK Legal Myanmar Company Limited T +95 9 73040763 / +95 1 657902 / +95 1 657903 F +95 1 9665537 mm.rajahtannasia.com Rajah & Tann Singapore LLP Shanghai Representative Office T +86 21 6120 8818 F +86 21 6120 8820 cn.rajahtannasia.com Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) T +632 894 0377 to 79 / +632 894 4931 to 32 / +632 552 1977 F +632 552 1978 www.cagatlaw.com Assegaf Hamzah & Partners Jakarta Office T +62 21 2555 7800 F +62 21 2555 7899 Surabaya Office T +62 31 5116 4550 F +62 31 5116 4560 www.ahp.co.id Rajah & Tann (Laos) Sole Co., Ltd. T +856 21 454 239 F +856 21 285 261 la.rajahtannasia.com R&T Asia (Thailand) Limited T +66 2 656 1991 F +66 2 656 0833 th.rajahtannasia.com Rajah & Tann LCT Lawyers Ho Chi Minh City Office T +84 28 3821 2382 / +84 8 3821 2673 F +84 28 3520 8206 Hanoi Office T +84 24 3267 6127 F +84 24 3267 6128 www.rajahtannlct.com Member firms are constituted and regulated in accordance with local legal requirements and where regulations require, are independently owned and managed. Services are provided independently by each Member firm pursuant to the applicable terms of engagement between the Member firm and the client. R&T Sok & Heng Law Office 4

Our Regional Presence R&T Sok & Heng Law Office provides top quality and incisive legal services to domestic and international clients; in local and cross-border transactions; on day-to-day operations and the most challenging transactions. As one of the leading law firms in Cambodia, R&T Sok & Heng Law Office helps clients achieve their goals by combining international standard with local expertise. R&T Sok & Heng Law Office is part of Rajah & Tann Asia, a network of local law firms in Singapore, Cambodia, China, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Thailand and Vietnam. Our Asian network also includes regional desks focused on Japan and South Asia. The contents of this Update are owned by R&T Sok & Heng Law Office and subject to copyright protection under the laws of Cambodia and, through international treaties, other countries. No part of this Update may be reproduced, licensed, sold, published, transmitted, modified, adapted, publicly displayed, broadcast (including storage in any medium by electronic means whether or not transiently for any purpose save as permitted herein) without the prior written permission of R&T Sok & Heng Law Office. Please note also that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice for any particular course of action as such information may not suit your specific business and operational requirements. It is to your advantage to seek legal advice for your specific situation. In this regard, you may call the lawyer you normally deal with in R&T Sok & Heng Law Office. R&T Sok & Heng Law Office 5