5% Withholding Tax on Professional Fees in Sri Lanka

5% Withholding Tax on Professional Fees in Sri Lanka
You send the hospital your consulting invoice for Rs. 250,000. The payment lands, and it's short. Rs. 237,500 instead of the full amount. Somewhere between their finance department and your bank account, Rs. 12,500 went missing. Nobody asked you. Nobody explained.
That missing 5% is withholding tax, and the panic it causes is almost always misplaced. It is not a fine. It is not a new charge invented to squeeze professionals. And here's the part most people miss: it is not money you lost. It is money paid into your own tax account in advance, with your name on it, waiting for you to claim it back. Let's walk through exactly why it happens, when it happens, and how you get it back.
Why is 5% deducted from my professional fees?
The deduction comes from Section 85(1C) of the Inland Revenue Act No. 24 of 2017. The rule is simple: when a business pays a service fee to a resident individual who is not its employee, it must withhold tax at 5% of the payment and send that 5% straight to the Inland Revenue Department (IRD) on your behalf.
The business doing the deducting is called the withholding agent. You, the professional receiving the fee, are the withholdee. The agent acts as a collection point. Instead of waiting for you to pay tax at year end, the government takes a small slice at the moment you get paid.
A "service fee" here means payment for professional or personal services from a source in Sri Lanka, paid to an individual who is not on the payer's payroll. If you were their employee, this would be APIT on a salary instead. Section 85(1C) is specifically about independent providers: consultants, freelancers, and professionals invoicing for work.
The logic behind it is collection efficiency. There are thousands of self-employed professionals in Sri Lanka, and chasing each one for tax at year end is hard. Taking 5% at the point of payment guarantees the IRD gets something now, and it nudges professionals into the tax net. The 5% rate has been in force since 1 January 2023.
Who does the 5% withholding tax apply to?
Section 85(1C) lists the kinds of independent service providers it covers. The original list named doctors, engineers, accountants, lawyers, software developers, researchers and academics.
In 2026, that list got much longer. The Inland Revenue (Amendment) Act No. 11 of 2026 (Section 13) expanded the covered professions to explicitly include a long roster of new categories:
- Auditors, valuers, modellers and advisors
- Dentists, veterinarians, therapists and counsellors
- IT specialists, social media specialists and advertising agents
- Photographers, videographers, artists, actors, dancers, singers and musicians
- Personal trainers, coaches, sports persons and event organizers
- Electricians, cooks, beauticians, translators, writers and more
This is the key 2026 change to understand. The 5% rate and the Rs. 100,000 threshold are not new, they date to January 2023. What the 2026 amendment changed is reach. Many professionals who never saw a deduction before, an IT consultant or a wedding photographer for example, now fall squarely inside Section 85(1C). If your fees suddenly started getting docked 5% this year, this is why.
The common thread: you are an individual providing a service, and you are not an employee of the person paying you. If that describes you, expect the 5%.
When does the Rs. 100,000 threshold trigger the deduction?
This is where most of the confusion lives, so read this part twice. The 5% does not apply to every payment. Under the proviso to Section 85(1C), withholding tax does not apply where the service payments to you do not exceed Rs. 100,000 in a calendar month.
Two things matter here. First, it's a monthly test, not a per-invoice test. The IRD looks at the total a single payer paid you across the whole calendar month. Second, it's the total to you from that payer, aggregated.
Let me make it concrete.
Example 1: Above the threshold. Dr. Nimali is a visiting consultant. In June, she invoices a private hospital Rs. 250,000 for her sessions.
| Item | Amount |
|---|---|
| Gross fee invoiced | Rs. 250,000 |
| Monthly total (exceeds Rs. 100,000) | Yes, withhold |
| 5% withholding tax | Rs. 12,500 |
| Net amount Dr. Nimali receives | Rs. 237,500 |
The hospital sends Rs. 12,500 to the IRD against Dr. Nimali's TIN and pays her the Rs. 237,500.
Example 2: Below the threshold. Kasun is a freelance graphic designer. In June, a marketing agency pays him Rs. 80,000 for a logo project. Because the month's total from that agency stays at or under Rs. 100,000, no withholding applies. Kasun receives the full Rs. 80,000.
Do not try to dodge the deduction by splitting one fee into two invoices in the same month. The threshold tests the monthly total, not each invoice. Two Rs. 70,000 invoices in June still add up to Rs. 140,000 for the month, and the 5% applies to the payments once that monthly total is crossed. Splitting changes nothing.
A useful detail: the threshold resets each calendar month. Rs. 90,000 in June and Rs. 90,000 in July are two separate months, each under the line, so neither triggers withholding even though the two-month total is Rs. 180,000.
Is the 5% an extra tax, or money I lose?
Neither. This is the single most important thing to understand, and it's where the panic finally lifts.
The 5% withheld from professional fees is a creditable payment, not a final one. The Inland Revenue Act splits withholding into these two buckets. Final withholding (like the 15% on dividends from a resident company) is the end of the story: the income never appears on your return and you can't reclaim the tax. Creditable withholding is the opposite. We covered this split in detail in our guide to final versus creditable withholding tax, and professional fees sit firmly on the creditable side.
Here's the mechanism. Section 88 of the Act lists the final withholding payments. Professional service fees under Section 85(1C) are not on that list, which makes them non-final by default. Section 89(1) then says that when tax is withheld from a non-final payment, you are treated as having already paid that tax yourself. And Section 89(2) gives you the matching right: you are entitled to a tax credit equal to the tax withheld, set against your income tax for that year.
So the Rs. 12,500 taken from Dr. Nimali is not gone. It is sitting in her tax account as a prepayment. At year end, she adds her gross fees to her assessable income, calculates her tax at the normal progressive slabs of 6% to 36%, and then subtracts every rupee that was withheld during the year. If the total withheld is more than her final bill, she's owed a refund.
How do I claim the 5% back?
You claim it on your annual income tax return, and the whole claim hinges on one document: the withholding certificate.
Under Section 87(1), your payer (the withholding agent) is legally required to prepare and serve a withholding certificate on you. It must cover each calendar month and be issued within 30 days after the end of that month. The 2026 amendment added Section 87(6), which makes clear the certificate must be provided free of charge, so no payer can charge you for it or refuse.
That certificate is your proof. When you file your Return of Income, Section 93(2)(b)(i) requires you to attach the withholding certificate to claim the credit. No certificate, no evidence, no credit.
The flow looks like this:
- You invoice and get paid net of the 5%.
- The payer sends the 5% to the IRD under your TIN. (If you don't have one yet, our guide to getting a TIN walks you through it.)
- Within 30 days of each month-end, the payer gives you a withholding certificate.
- You keep every certificate for the year.
- At year end, you declare gross fees, compute tax, and claim the total withheld as a credit, attaching the certificates.
Collect your certificate every month, don't wait until filing season. Payers change finance staff, lose records, and go quiet. Chasing twelve certificates in April for the previous year is painful. Asking for one each month, while the payment is fresh, is easy.
What should I do if I'm paid this way?
If you're a professional whose fees get the 5% treatment, here's your short checklist:
- Get a TIN. The withholding only credits properly when it's recorded against your Taxpayer Identification Number.
- Expect the deduction on any month where one payer's total to you crosses Rs. 100,000. Budget your cash flow around the net figure.
- Collect every withholding certificate within 30 days of each month, and store them somewhere you won't lose them.
- Declare your gross fees at year end, not the net. You report the full Rs. 250,000, then claim the Rs. 12,500 back as a credit.
- Reconcile the total withheld against your final liability. This is also the base for your quarterly instalments, so read our quarterly tax payments guide to see how the credit fits the year's rhythm.
The 5% is not the villain it first appears to be. Handled right, it's a head start on a bill you'd owe anyway. Handled wrong, by losing certificates or declaring the net, it quietly becomes money you actually do lose. The difference is just record-keeping.
Frequently asked questions
Quick answers to common questions on this topic.
Is the 5% withholding tax on professional fees a final tax?
No. The 5% deducted under Section 85(1C) from professional service fees paid to a resident individual is creditable, not final. It is not listed in Section 88, so under Section 89(1) you are treated as having already paid that tax. You add the gross fee to your assessable income and claim the 5% as a credit against your annual liability under Section 89(2).
What is the Rs. 100,000 WHT threshold for professional fees?
Under the proviso to Section 85(1C), the 5% withholding tax does not apply where the service payments to one provider do not exceed Rs. 100,000 in a calendar month. It is a monthly threshold on the total paid to you, not a per-invoice limit. Once the month's total crosses Rs. 100,000, the payer withholds 5%.
Does the Rs. 100,000 threshold apply per invoice or per month?
Per month. The test under the proviso to Section 85(1C) looks at the aggregate service payments to a single provider within a calendar month. Splitting one large fee into two invoices in the same month does not avoid the deduction if the monthly total still exceeds Rs. 100,000. Payments in different months are tested separately.
Which professionals does the 5% withholding tax apply to?
Section 85(1C) covers fees paid to resident individual service providers who are not employees of the payer. The list includes doctors, engineers, accountants, lawyers, software developers, researchers and academics, and was expanded by the Inland Revenue (Amendment) Act No. 11 of 2026 to add auditors, dentists, valuers, IT specialists, photographers, electricians, artists and many others.
How do I claim back the 5% withheld from my fees?
You claim it as a tax credit on your annual income tax return. The payer must give you a withholding certificate under Section 87(1) within 30 days of each month's end. You add the gross fee to your income, compute tax at the normal slabs, then subtract the 5% already withheld under Section 89(2). Section 93(2)(b)(i) requires you to attach the certificate to your return.
Is the 5% WHT on professional fees new in 2026?
The 5% rate and the Rs. 100,000 monthly threshold under Section 85(1C) have been in force since 1 January 2023. What changed in 2026 is reach. The Inland Revenue (Amendment) Act No. 11 of 2026 widened the list of covered professions, so many providers who were not deducted before now see the 5% applied.
What is a withholding tax certificate and who issues it?
It is the document proving tax was withheld from your payment. Under Section 87(1) the payer, called the withholding agent, must prepare and serve it on you, covering each calendar month and issued within 30 days of month-end. The 2026 amendment added Section 87(6), confirming it must be provided free of charge. Without it, you cannot evidence the credit.
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