Black money legalization continues for real estate investments

প্রকাশ: সেপ্টেম্বর ১৫, ২০২৪

Nazrul Islam

The opportunity to legalize undeclared money through investments in real estate, homes, flats, apartments, floor spaces, and land by paying a specified tax per square meter based on location still remains. On September 2, 2024, the National Board of Revenue (NBR) issued a notification canceling the provision to legalize black money by paying 15 percent tax on securities, cash, bank deposits, financial schemes, instruments, and all types of deposits or savings. However, the provision allowing undisclosed assets (black money) to be legalized by paying a fixed tax in the real estate sector, as announced in the budget, remains intact.

Experts argue that the provision to legalize black money is entirely unconstitutional and unethical. It creates a pathway for corrupt elites to legitimize their undisclosed or illicit income. Such policies encourage and protect those who earn money through corruption or illegal means. If no questions are raised about the source of funds after paying a fixed amount per square meter in the real estate sector, it will further deepen societal opacity and injustice.

Former NBR member (Customs and VAT), Md. Farid Uddin, told Bonik Barta, “All opportunities to legalize black money should be abolished. It’s unfair and discriminatory, posing a serious threat to social justice. If the interim government maintains this policy, it would be an injustice to the core demands of the students’ movement, as it contradicts their cause.”

The highest tax for legalizing black money in the real estate sector, based on per-square-meter payments, applies to elite areas in the capital, Dhaka. According to NBR’s circular, in the mouzas under Gulshan, Banani, Motijheel, Tejgaon, Dhanmondi, Wari, Tejgaon Industrial Area, Shahbagh, Ramna, Paltan, Kafrul, New Market, and Kalabagan police stations, the tax is BDT 6,000 per square meter for homes, flats, apartments, or floor spaces, and BDT 15,000 per square meter for land.

Currently, property prices in Dhaka’s elite areas, such as Gulshan and Banani, are the highest in the country. In some cases, apartment prices in these areas exceed those of luxury apartments in London, Dubai, or New York. Some apartments are even being sold for BDT 200 million to BDT 300 million, while their registered prices are shown as BDT 10 million to BDT 20 million. A significant portion of buyers for these apartments are government officials, although no official, under the current pay structure, should be able to afford such properties.

Former Inspector General of Police (IGP) Benazir Ahmed and his family bought four apartments in Gulshan in a single day. According to the Anti-Corruption Commission (ACC), the price of the four flats, totaling 9,192 square feet, was shown as BDT 21.9 million, while the market value exceeds BDT 250 million. All payments were made in cash. Like Benazir, many senior police officers have purchased plots and apartments in elite areas using undeclared funds. Provisions like legalizing black money create opportunities for corrupt government officials, political leaders, businesspeople, and elites to legitimize their illicit earnings.

According to NBR’s notification, the provision for legalizing black money extends beyond homes, flats, apartments, and land to also include industrial establishments. When asked on Saturday (September 14) whether this includes factories and other industrial sites, NBR member (Income Tax Policy) AKM Badiul Alam told Bonik Barta, “Any establishment, including industrial sites, falls under this provision.”

When asked about those who declared undisclosed wealth from July 1 to September 1 following the start of budget implementation, AKM Badiul Alam said, “The opportunity wasn’t canceled at that time. They will still have that chance. However, it must be ensured that their payments were deposited through the ‘e challan’ by that date. Retroactive deposits won’t be allowed.”

According to a circular from the National Board of Revenue (NBR), individuals who own structures, houses, flats, apartments, or floor spaces in various mouzas within the jurisdiction of Bangshal, Mohammadpur, Sutrapur, Jatrabari, Uttara Model, Cantonment, Chawkbazar, Kotwali, Lalbagh, Khilgaon, Shyampur, Shahjahanpur, Mirpur Model, Darus Salam, Dakshinkhan, Uttarkhan, Turag, Shah Ali, Sabujbagh, Kadamtali, Kamrangirchar, Hazaribagh, Demra, Adabor, Gandaria, Khilkhet, Airport, Uttara West, Mugda, Rupnagar, Bhashantek, Badda, Pallabi, Vatara in Dhaka district; Khulshi, Panchlaish, Pahartali, Halishahar, Kotwali in Chattogram; Narayanganj’s Sadar, Sonargaon, Fatullah, Siddhirganj, Bandar, and all mouzas under Gazipur’s Sadar Police Station will need to pay BDT 3,500 per square meter in tax. For land, the tax will be BDT 10,000 per square meter to legalize undeclared wealth.

The Finance Act 2024, passed along with the budget, allows the legalization of black money. It stated that regardless of the Income Tax Act, 2023 or any other law, neither the income tax authorities nor any other statutory government body can question the source of any asset acquired by an individual if the person discloses the unreported wealth in their income tax return for the 2024-2025 tax year and pays the applicable taxes before submitting the return or an amended return by June 30, 2025. However, if there are ongoing proceedings under Section 200 of the Income Tax Act, 2023 for tax evasion, or if criminal proceedings are in place under this or any other law, the opportunity will not be available.”

In response to this policy, former Director General (Legal and Prosecution) of the Anti-Corruption Commission, Moidul Islam, told Bonik Barta, “All forms of undisclosed wealth should be abolished. Otherwise, corruption will be encouraged. Why shouldn’t the source of income and its legitimacy be questioned? Poor people sell lands, and the wealthy buy them. They commit crimes by evading taxes and get pardoned to legalize illicit wealth! This is against the Constitution. Article 20 of the Constitution states that unearned income cannot be enjoyed.”

In areas under Dohar, Nawabganj, Keraniganj, Savar, and Dhamrai upazilas in Dhaka district; Akbar Shah, EPZ, Karnaphuli, Chawkbazar, Chandgaon, Double Mooring, Patenga, Bandar, Bakalia, Bayezid Bostami, Sadarghat in Chattogram district; Joydebpur, Kaliganj, Basan, Konabari, Gacha, Tongi, Tongi West in Gazipur; and Rupganj and Araihazar upazilas in Narayanganj, BDT 1,500 per square meter will be charged for structures, houses, flats, apartments, or floor spaces, while BDT 3,000 per square meter will be levied for land to legalize undeclared wealth.

Real estate developers believe the option to disclose unreported wealth through investment in the housing sector should remain. Liakat Ali Bhuiyan, Senior Vice-President of the Real Estate and Housing Association of Bangladesh (REHAB) and Chairman of Brickworks Limited, told Bonik Barta, “Not much undisclosed money is invested in the housing sector. We only get small amounts. We don’t call it black money. It’s from people who forgot to report it or didn’t declare it in their tax files. We encourage them to invest in the housing sector. But we discourage black or illegal money. We want investment from unreported but not illegal funds.”

Outside Dhaka South, Dhaka North, Chattogram, Narayanganj, and Gazipur City Corporations, within other city corporations and district municipalities, individuals will have to pay BDT 1,000 per square meter in tax to legalize undeclared wealth on structures, houses, flats, apartments, or floor spaces. The tax rate will be BDT 2,000 per square meter for land in these areas. In any other municipality, the rate will be BDT 850 per square meter for structures, and BDT 1,000 per square meter for land. In areas not included in any of these categories, the rate will be BDT 500 per square meter for structures and BDT 300 per square meter for land.

Regarding whether the remaining parts of the provision allowing the legalization of black money will be canceled, NBR Chairman Md. Abdur Rahman Khan told Bonik Barta, “The entire tax law will be reformed. We have a plan. We will reform it. A part has been canceled initially. We will work with the National Task Force on this.”


সম্পাদক ও প্রকাশক: দেওয়ান হানিফ মাহমুদ

বিডিবিএল ভবন (লেভেল ১৭), ১২ কাজী নজরুল ইসলাম এভিনিউ, কারওয়ান বাজার, ঢাকা-১২১৫

বার্তা ও সম্পাদকীয় বিভাগ: পিএবিএক্স: ৫৫০১৪৩০১-০৬, ই-মেইল: [email protected]

বিজ্ঞাপন ও সার্কুলেশন বিভাগ: ফোন: ৫৫০১৪৩০৮-১৪, ফ্যাক্স: ৫৫০১৪৩১৫