KATHMANDU, May 9, 2012
Kathmandu Metropolitan City Office (KMCO) has failed to collect house and land tax from hotels yet again.
Though the office had recently sent letters to hoteliers instructing
them to clear house and land tax, it did not yield the desired results.
Hoteliers have refused to clear the tax, saying that existing laws
exempt them from house and land tax. They argue that KMC has been trying
to collect house and land tax as per the House and Land Tax Act 1962.
Although the Act exempts tax for space used by hotels for
accommodation of guests, parking and garden, Hotel Association Nepal
(HAN) in its reply to the KMCO has stated that all property inside a
hotel compound should be exempted from house and land tax according to
new definition of hotels introduced in 1998.
KMCO had asked hoteliers to clear tax dues of other property besides
the land being used for accommodation, parking area and garden.
“The older definition of hotel includes place of accommodation,
parking area and garden as hotel property. The House and Land Tax 1962
was drafted on the basis of this definition. But the definition has
already been changed,” HAN President Shyam Sundar Lal Kakshapati said.
The new definition of the government, developed during classification
of hotels in 1998, covers swimming pool, restaurants, health club and
other amenities as hotel property. However, the House and Land Tax 1962
has not been amended in line with the definition.
HAN officials say the tax bill, as per the KMCO, would come around Rs
2 to 3 million for star hotels. They said it was unfair on the part of
the KMCO to send such letters at a time when the government has promised
hoteliers exemptions from other taxes as well.
HAN President Shyam Sundar Lal Kakshapati the KMCO cannot collect tax
on property owned by hotels. “We are paying business tax as per the law
and exiting laws clearly exempt us from property tax,” added
Kakshapati.
Rajya Prakash Pradhananga, chief of revenue division of KMCO said:
“We are not talking about business tax. We sent the letters to some star
hotels to recover property tax that they owe to the KMCO.” He said the
problem arose due to ambiguous laws. “Hotels can´t get exemption from
land and house tax unless there is amendment to the act,” added
Pradhananga.
KMCO has threatened to seal the service and freeze property ownership
as per Local Self-governance Act 1999 if hotels failed to clear
property tax. The letter also states that KMCO holds the right to
auction off the property to recover outstanding dues.
Source: Republica