Taxes in Tonga

Individuals generally pay PAYE on gross employment income, including wages, salaries, bonuses, allowances and benefits in kind. The annual bands are 0% up to TOP 12,000, 10% from TOP 12,001 to 30,000, 15% from TOP 30,001 to 50,000, 20% from TOP 50,001 to 70,000 and 25% above TOP 70,000. Employees do not claim deductions under this PAYE system. Employers withhold the tax, file Form 7 monthly, provide Form 4 within 14 days after the financial year ends and complete the annual reconciliation on Form 8 by 31 August. Overpayments can be claimed with Form 9, while underpayments can lead to an additional assessment. Businesses generally pay 25% Income Tax on chargeable income or net profit. A resident company includes an entity incorporated or formed in Tonga, an entity with its management centre in Tonga or a partnership with at least one resident partner; partnerships are treated like companies for tax purposes. Sole traders use Form 10, while companies and partnerships use Form 11. Allowable expenses can include wages, rent, stock, repairs, interest, insurance and business transport. Capital assets are generally claimed through depreciation. Private costs, Income Tax, drawings and loan principal are not deductible. Donations are capped at TOP 1,000 and sponsorship at 5% of gross sales. Income Tax returns are generally due within four months after the financial year ends: 31 October for a July-to-June year and 30 April for a January-to-December year. The Small Business Tax (SBT) regime is limited to qualifying sole traders with annual gross turnover below TOP 100,000. Legal, medical, accounting, financial, architectural and consulting services are excluded, and SBT does not allow deductions. The fixed annual amounts are TOP 100 for turnover up to TOP 10,000, TOP 250 from TOP 10,001 to 30,000 and TOP 500 from TOP 30,001 to 50,000. Turnover from TOP 50,001 to 100,000 is taxed at 2%. Businesses above TOP 50,000 generally file and pay quarterly within 28 days after each quarter; those at or below TOP 50,000 generally file and pay annually by 31 October. Form 12 is used for the return, Form 13 for a refund and Forms 14 and 15 when choosing Income Tax instead. Consumption Tax (CT) is generally 15% on taxable goods and services supplied in Tonga. Exports and items covered by an exemption or zero-rating under the relevant CT Order are treated differently. A business that becomes liable must register within seven days, then file and pay monthly within 28 days after the month ends. Registered businesses can generally offset output CT against eligible input CT; an unregistered business cannot claim that input credit. Imports are subject to import CT before Customs releases the goods, calculated on a base that can include Customs Duty, quarantine charges, freight and insurance. CT records, invoices, cashbooks and wagebooks should be kept in English or Tongan for at least five years. Withholding Tax applies to many payments. Tongan-source payments to non-residents generally attract 15%, including dividends, interest, royalties, technical services and management or other fees. The rates for rent, insurance premiums and independent services are generally 7.5%, 5% and 10%. The payer withholds the tax, files the relevant return and pays monthly within 28 days; Form 6 provides the certificate for non-resident withholding. Resident withholding rules also cover items such as interest, land and rent and generally use Form 5. A foreign tax credit may be available in the recipient’s country, subject to that country’s rules. Customs Duty depends on the tariff classification and the applicable Duty Schedule. Excise Tax applies to products such as fuel, vehicles, tobacco, liquor and soft drinks, with rates and concessions determined by the current schedule or order. Import duties and taxes are generally payable within five working days after Customs processes the entry unless deferred payment applies. Import and export records should be retained for seven years. Passenger allowances can change: current MORC information and the 2008 Regulations contain conflicting tobacco limits, so the current MORC guidance should be checked before travel. A Tax Identification Number (TIN) is obtained with Form 1 for an individual, Form 2 for a sole trader or SBT taxpayer and Form 3 for a non-individual. Identification, incorporation documents, a business licence, partnership deed or trust deed may be required. Confirmation and eTax registration usually take about three to five working days. A TIN is required for commercial import and export transactions, and private effects may also require one. Tax clearance can be needed for transferring money abroad, employment or work visas, business or liquor licences and government procurement. Monthly filing obligations commonly cover CT, PAYE and resident or non-resident withholding. Late filing generally attracts TOP 100 plus TOP 10 per day. Late payment generally attracts 3% of unpaid tax plus 5% of the remaining amount on the 15th of each following month. A weekend or public holiday usually moves the deadline to the next working day. An extension should be requested in writing or by email no later than the due date. Registered Tax Agents may represent taxpayers and charge approved fees. Taxpayers have rights to fair treatment, information, representation, privacy, review and complaint procedures. An objection to an assessment or decision generally must be filed within 30 days after service, with the grounds stated and undisputed tax paid. A review by the Tax Tribunal normally requires a further 30% of the disputed assessment, unless the Minister sets a lower amount. An appeal to the Supreme Court on a question of law generally follows within 30 days, and an appeal to the Court of Appeal generally follows within 42 days. Some exemptions and incentives depend on specific legislation or orders. Examples include interest on government securities, approved retirement or pension benefits, dividends from a resident company paid to a resident individual, qualifying non-profit non-business income and diplomatic or international privileges. CT, Customs Duty and Excise Tax exemptions, PACER Plus tariff preferences, tax holidays and tax credits require checking the particular order, agreement or sector instrument. For cross-border matters, Tongan-source income rules, non-resident withholding, foreign tax credits and arm’s-length pricing for connected parties can apply. A reduced treaty rate should not be assumed without confirming a specific agreement and its conditions.