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Withholding check

Skill Zerif007/Claude_Legal-Bangladesh_Edition/bd-tax-legal/skills/withholding-check

Determines TDS (income tax withholding) and VDS (VAT deducted at source) treatment for a specific payment under the Income Tax Act 2023 and VAT & SD Act 2012 — including cross-border payments needing treaty and FERA analysis. Use for "do we withhold on this payment", "TDS rate", "VDS applicable?", "paying a foreign vendor", or gross-up drafting.From its SKILL.md

Install
npx -y skills add Zerif007/Claude_Legal-Bangladesh_Edition --skill withholding-check

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SKILL.md

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Withholding Check — TDS / VDS

Config gate + the tax plugin's absolute rule: no rate from memory — output the analysis structure with [verify current Finance Act/SRO] tags, and populate figures only from the config's dated Finance Act notes.

Analysis sequence

  1. Characterise the payment (services type, royalty, technical fee, rent, supply of goods, dividend, interest, contractor payment) — TDS schedules key off characterisation; mixed contracts may need splitting.
  2. Payer status: is the payer a "specified person"/withholding entity? (Determines both TDS obligation and VDS obligation.)
  3. Domestic leg: TDS section + rate [verify]; minimum-tax character of the deduction (many TDS heads are minimum tax for the payee — affects negotiation of gross-up clauses); PSR (proof of return submission) collection duty from vendors.
  4. VDS leg: is the supply within the VDS mandate list? rate/truncated base [verify]; Mushak-6.6 certificate issuance; input-credit consequences.
  5. Cross-border leg (if non-resident payee):
    • ITA 2023 non-resident withholding head [verify rate];
    • treaty relief — check the DTAA with the payee's residence state; NBR treaty-benefit procedure (certificate requirement) [verify current process];
    • FERA/Bangladesh Bank remittance route via AD bank — documentation set (invoice, agreement, tax-payment proof, BB permission where the payment class needs it); royalty/technical-fee outbound caps (BIDA guidelines) — flag;
    • PDPA 2026 note if the "service" involves data export.
  6. Contract drafting tail: produce the gross-up / net-of-tax clause matching the analysis, and the certificate-delivery mechanics.

Output: attorney-review draft memo — characterisation, obligations table (TDS/VDS/treaty/ FERA rows), documentation checklist, clause language, escalations (treaty ambiguity, PE risk of the foreign payee, any BB-permission payment class).

What ships with it

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Just SKILL.md. No reference files, no scripts.

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