Budget 2016 - Muzaffar

Preface
The Income Tax Ordinance, 2001 provides for following three modes of collecting taxes in
advance. However, in this compilation, we will discuss the mode, manner and legal
aspects related to the deduction and collection of tax at source in detail:
1. Advance Tax directly liable to be paid;
2. Deduction at source; or
2. Collection at source.
The scope of withholding tax and type of withholding agents has been increased many fold
in the last couple of years and getting more complex with the passage of time. Now the
taxation officers may recover the tax not deducted or collected as required under the
various provisions of the Income Tax Ordinance 2001 from the payee; whereas before this
amendment such tax was recoverable from the taxpayer only.
Default surcharge for the nonpayment or late payment of tax deducted or collected and
stringent, irrational & exorbitant penalties for non-filing or late filing of prescribed
statements are being imposed in almost all the cases where such default is observed by
the taxation officers, even without establishing mens rea in this regard. Moreover, in view
of the influx of various notifications, instructions, and circulars in respect of such
deduction it has become impossible for taxpayers as well as legal fraternity to monitor and
assess their current obligations in this regard.
We have made an effort to compile the legal provisions scattered in various sections,
schedules, circulars and statutory notifications related to collection/deduction of tax and
payment thereof and provide comments wherever deemed fit with utmost care, to make it
user friendly, to serve as a general guide & ready- reckoner for the convenience of the
users.
This
also
provides
categories
of
withholding
agents,
status
of
tax
collected/deducted (i.e. adjustable or final) and related legal provisions for ready
reference. However, in case if, any omission or error is noticed at any place, the user is
requested to please let us know the same for appropriate amendment(s)/modification(s)
and is advised to refer to the original sources.
We hope this humble effort would be useful to all the readers and take this opportunity to
convey our heartfelt thanks and gratitude for their continuous support and guidance to
make our publication most effect and useful.
We also bow our heads before the Almighty Allah in all humility for the numerous blessings
bestowed upon us and pray to Him to continue to shower His Choicest blessing on all of us
and our families. Ameen
With regards
Amin, Mudassar & Co.

Chartered Accountants
CONTENTS
S.
Particulars
Pages
No.
Withholding Tax Rates for the Tax Year 2016
1
and status of Tax Collection/Deduction along

with Notes
Legal Provisions for (a) Filing of Monthly &
Annual Statements (b) Payment of tax
collected or deducted
(c) Default Surcharge for nonpayment of

tax
(d) Penalties for non or late filing of
statements and
(e) Concept of Filer and NonFiler

Withholding
Tax Rates for the
Tax Year 2016.

Withholding tax rates for the Tax Year 2016

The following table summarizes withholding tax rates for all Classes of persons and treatment of
withholding tax as adjustable or final tax liability along with exemptions.
SECTION
REFEREN
CE
148
NATUE OF PAYMENT/
TRANSACTION
Import of goods
a) In case of industrial
undertakings
Filer
Non-Filer
b) In all other cases of

companies
Filer
Non-Filer
c) All taxpayers other than
those covered in (a) and
(b) above
Filer
Non-Filer
Import of remeltable steel
and directly reduced iron by
an industrial undertaking
for its own use
Filer
Non-Filer
Import of potassic fertilizers
and urea
Filer
Non-Filer
Import of pulses
Filer
Non-Filer
Manufacturers under
Notification
No.S.R.O.1125(I)/2011
dated December 31, 2011
and importing items
covered under S.R.O.
1125(I)/2011 dated 31st
December, 2011
Filer
Non-Filer
Commercial importers
under Notification
No.S.R.O.1125(I)/2011
TAX
RATE
(%/Rs)
5.5
8
DEDUCTION/COLLE
CTING AUTHORITY
Collector of
Customs
WITHHOLDING
TAX
ADUSTABLE/FINA
L
Final except
large import
houses
(Minimum tax in
case of edible oil
and packing
martial)
5.5
8
6
9
Collector of
Customs
1
1.5
1
1.5
2
3
Collector of
Customs
Final except
large import
houses
Collector of
Customs
Final except
large import
houses
Final except
large import
houses
Collector of
Customs
1
1.5
Collector of
Customs
Final except
large import
houses
dated December 31, 2011

and importing items
covered under S.R.O.
1125(I)/2011 dated 31st
December, 2011
Filer
Non-Filer
Ship breakers on import of
ships
Filer
Non-Filer
SECTION
REFERE
NCE
149
150
NATUE OF PAYMENT/
TRANSACTION
Persons importing Gold

Filer
Non-Filer
Persons importing cotton
Filer
Non-Filer
Import of goods classified
under Pakistan Customs
Tariff falling under Chapter
27, 86 and 99.
Payment of salary
Payments of dividend
declared/ distributed by:
Purchase of a power
project privatized by
WAPDA
Company set up for
power generation
Company supplying coal
exclusively to power
generation projects
Any other filer
Any other non-filer
Dividend received from a
Stock Fund by:
Individual
Company
AOP
Dividend from Stock
3
4.5
4.5
6.5
TAX
RATE
(%/Rs)
Collector of
Customs
Final except
large import
houses
DEDUCTION/COLLEC
TING AUTHORITY
Collector of Customs
1
1.5
1
1.5
0
WITHHOLDIN
G TAX
ADUSTABLE/F
INAL
Final except
large import
houses
Final except
large import
houses
Not
applicable
Rates
are given
separate
at the
end
Person responsible
for paying salary
Adjustable
7.5
Every person paying

dividend
Final
Collective
Investment Scheme
or Mutual Funds
Final
7.5
7.5
12.5
17.5
10
10
10
15

SECTION
REFERE
NCE
151
Fund is less than capital

gains
Dividend received from
Money Market Fund,
Income Fund or any
other fund by:
Individual
Company
AOP
NATUE OF PAYMENT/
TRANSACTION
10
25
10
TAX
RATE
(%/Rs)
Payment of profit / yield to

resident in respect of
following after deducting
zakat thereon:
Collective
Investment Scheme
or Mutual Funds
DEDUCTION/COLLEC
TING AUTHORITY
Payer of the profit or

yield
Final
WITHHOLDING
TAX
ADUSTABLE/FIN
AL
Final
(For Indv. &
AOP)
Adjustable
(for companies)
Deposit or account
maintained with banking
company or financial
institution by:
Filers
Non-filers
Non-filers having
profit / yield
payment is
Rs.500,000 or less
Yield on National Saving
Schemes and Post Office
Saving Account by:
Filers
Non-filers
Non-filers having
profit / yield
payment is
Rs.500,000 or less
Profit on securities
issued by Government
and local authority by:
Filers
10
17.5
10
10
15
10
10
SECTION
REFERE
NCE
152
Non-filers
Non-filers having
profit / yield
payment is
Rs.500,000 or less
Profit on bond,
certificates, debenture,
security or instrument of
any kind (other than a
loan agreement between
a borrower and banking
Co. or a development
financial institution) by:
Filers
Non-filers
Non-filers having
profit / yield
payment is
Rs.500,000 or less
NATUE OF PAYMENT/
TRANSACTION
Payment to non-residents:
Sale of goods in case of
company
Filer
Non-Filer
Sale of goods in other
case
Filer
Non-Filer
Transport services in
case of company
Filer
Non-Filer
Transport services in
case of company
Filer
Non-Filer
15
10
10
15
10
TAX
RATE
(%/Rs)
4
6
4.5
6.5
8
12
10
15
DEDUCTION/COLLEC
TING AUTHORITY
Federal Government,
Company,
Association of
Persons (under law),
non-profit
organization, Foreign
Contractor or
Consultant and
Consortium or Joint
Venture, Individual
(Turnover of 50 M or
above), AOP
(normal)turnover of
Rs.50M or above), A
WITHHOLDING
TAX
ADUSTABLE/FIN
AL
Adjustable
Adjustable
Adjustable
Adjustable
Final
Final
Final
Final

Execution of contract
i)
In the case of
companies
Filer
Non-Filer
ii)
In the case of other
taxpayers
Filer
Non-Filer
iii)
In case of sport
persons
Payments to non-residents:
Royalty
Fee for technical services
Shipping income
Air Transport income
Contract or sub contract
under a construction,
assembly or installation
project
Advertisement services
rendered by T.V. Satellite
Channel
Advertisement services
relaying from outside
Pakistan
Any other contract for
construction or services
Insurance premium or reinsurance premium
Other cases
SECTION
REFERE
NCE
153
NATUE OF PAYMENT/
TRANSACTION
Payments to resident person

or permanent establishment
of non-resident person on
account of:
Sale of goods on
amount inclusive of
Sales Tax
General
i)
In the case of
companies
Filer
7
10
Final
Final
Final
Final
7.5
10
10
Final
15
15
8
3
6
Final
Final
Final
Final
Final
Final
10
Final
Final
Final
20
Adjustable
TAX
RATE
(%/Rs)
6
Non-Filer
person registered
under the sales Tax
Act, 1990, an
exporter or an
export house
DEDUCTION/COLLEC
TING AUTHORITY
Federal Government,
Company,
Association of
Persons (under law),
non-profit
organization, Foreign
Contractor or
Consultant and
Consortium or Joint
Venture, Individual
(Turnover of 50 M or
above), AOP
(normal)turnover of
WITHHOLDING
TAX
ADUSTABLE/FIN
AL
Final/
Adjustable for
manufacturing/
listed company
Final/
Adjustable for

ii)
Rice, Cotton seed and

edible oil other than
mentioned below
Edible oil purchased
locally by manufacturers
of cooking oil and
vegetable ghee or both
From distributor of
cigarette and
pharmaceuticals products
and for large distribution
houses
Rendering services
General
i)
In the case of
companies
Filer
Non-Filer
ii)
taxpayers
Filer
Non-Filer
Transport
Rendering of or providing
of stitching, dyeing,
printing, embroidery,
washing, sizing and
weaving
Execution of contract
iv)
In the case of
companies
Filer
Non-Filer
v)
vi)
SECTION
REFERE
NCE
154

taxpayers
Filer
Non-Filer

taxpayers
Filer
Non-Filer
In case of sport
persons
NATUE OF PAYMENT/
TRANSACTION
4.5
6.5
1.5
Rs.50M or above), A
person registered
under the sales Tax
Act, 1990, an
exporter or an
export house
manufacturing/
listed company
Final
Final
Final
Final/
Adjustable for
manufacturing/
listed company
Final/
Adjustable for
manufacturing/
listed company
8
12
Minimum
Minimum
10
15
Minimum
Minimum
2
1
Minimum
Final
7
10
Final/
Adjustable for
listed company
Final
7.5
10
Final
Final
10
Final
TAX
RATE
(%/Rs)
DEDUCTION/COLLEC
TING AUTHORITY
WITHHOLDING
TAX
ADUSTABLE/FIN
AL
Realization of proceeds on
account of:
Export of goods and sale
of goods by indirect
exporter under inland
back to back letter of
credit or standard
purchase order of goods
specified in seventh
schedule
Exports of goods by an
industrial undertaking
located in the export
processing zones
Payment for firm
contract to an indirect
exporter.
Authorized Dealer in
foreign exchange,
and Banking
Company
Final
EPZ authority
established under
the EPZ Authority
Ordinance, 1980
Director exporter
and an export house
registered under the
duty and tax
remission rules for
export 2001
Authorized Dear in
foreign exchange
and Banking
Company
Federal
Government,
Provincial
Government, Local
Authority, Company,
Non-Profit
Organization,
Charitable
Organization and
Diplomatic Mission
of Foreign State,
Private Educational
Institution, Boutique,
Beauty parlor,
Hospital, Clinic,
Maternity Home,
Individuals or AOPs
paying gross rent of
Rs.1.5 million or
more in a year
Person paying the
amount where the
payment is not in
cash amount to be
collect
Final
Indenting commission
155
Payment of rent (including

advance) on immovable
property
10% to
15% in
accordan
ce with
slab
rates as
specified
in
Division
V Part III
of First
Schedule
Rates
are
given
separate
at the
end
156
Payment of prize on prize

bond or crosswords puzzle
15
Payment of prize on
winning of raffle, lottery, a
quiz offered by companies
20
Final
Final
Adjustable
Final
Final

156A
for promotion of sale

Payment of commission of
discount allowed to a petrol
pump operator
Filer
Non-Filer
231A
Cash withdrawal from a

bank (all payments in a day
amount exceeding 50,000)
for
Filer
Non-Filer
SECTION
REFERE
NCE
231AA
NATUE OF PAYMENT/
TRANSACTION
Advance tax on transactions

in bank if the payment for
withdrawal is made through
any mode of banking
transactions including
demand Drat, Payment
Order, Online Transfer,
Telegraphic Transfer, CDR,
STDR, RTC, or the sum total
of the payments for such
transaction in a day,
exceeds twenty-five
thousand rupees
12
15
0.3
0.6
TAX
RATE
(%/Rs)
0.3
0.6
Person selling
petroleum products
to a petrol pump
operator
Final
Final
Every Banking
Company
Adjustable
Adjustable
DEDUCTION/COLLEC
TING AUTHORITY
WITHHOLDING
TAX
ADUSTABLE/FIN
AL
Every Banking
Company, non- bank
financial institution,
exchange company,
or authorized dealer
of foreign exchange
Adjustable
Adjustable
Filer
Non-Filer
231B
Purchase, Registration of
Transfer of Motor Vehicles
Filer
Non-Filer
231B(2)
Excise & Taxation

(Motor Vehicle)
Non-Filer
Payment of Brokerage and
Adjustable
Adjustable
Transfer of Registration or
ownership of a private
motor vehicle
Filer
233
Rs.10,00
0 to
250,000
Rs.,10,0
00 to
450,000
Adjustable
Rs.0 to
62,500
Excise & Taxation

(Motor Vehicle)
Rs.,5,00
0 to
300,000
Adjustable
Federal
Final
Commission
General
Advertising
In case of Non-filer
233A
233AA
SECTION
REFERE
NCE
234
On purchase of shares
On sales of shares
On margin financing in
shares business or on
providing of any margin
financing, margin trading
or securities lending under
Securities (Leveraged
Markets and Pledging)
Rules, 2001 in share
business
NATUE OF PAYMENT/
TRANSACTION
On collection of motor
vehicle tax of
Passenger transport
vehicle with
registered seating
capacity of 4 to 10
persons
Filer
Non-Filer
Passenger transport
vehicle with
registered seating
capacity of 10 to 20
persons
Filer
Non-Filer
Passenger transport
vehicle with
registered seating
capacity of 20 or
more
12
10
15
0.01
0.01
10% of
profit or
mark-up
of
interest
earned
by the
member,
margin
financier
or
securitie
s lender
TAX
RATE
(%/Rs)
Per seat
per
annum
Rs.50
Rs.100
Government, Local
Government, Local
Government
Company and
Association of
Person constituted
by or under any law
Registered Stock
Exchange
National Clearing
Company Pakistan
Limited
DEDUCTION/COLLEC
TING AUTHORITY
Person collecting
motor vehicle tax
Adjustable
Adjustable
WITHHOLDING
TAX
ADUSTABLE/FIN
AL
Adjustable
Adjustable
Adjustable
Rs.100
Rs.200
Adjustable
Adjustable
Rs.300
Rs.500
Adjustable
Adjustable
Filer
Non-Filer
Goods transport
vehicle
Filer
Non-Filer
In the case of goods
transport vehicles with
minimum laden weight of
8,120 Kg, advance tax after
a period of ten years from
the date of first registration
of vehicle in Pakistan
Filer
Non-Filer
Other private motor cars

for:
Filer
Non-Filer
Per
kilogram
of the
laden
weight
per
annum
Rs.300
Rs.500
Adjustable
Adjustable
Rs.800
to
10,000
Adjustable
Rs.,1,20
0 to
30,000
Adjustable
Rs.1,000
to
12,000
Adjustable
Rs.,1,00
0 to
24,000
Adjustable
Rs.10,00
0 to
120,000
Rs.,10,0
00 to
240,000
4
Adjustable
Where the motor vehicle tax

is collect in lump sum
Filer
Non-Filer
234A
SECTION
REFERE
NCE
235
In the case of a
compressed natural gas
station
NATUE OF PAYMENT/
TRANSACTION
On collection of amount of
TAX
RATE
(%/Rs)
Adjustable
Person preparing
Gas Consumption
bill
Final
DEDUCTION/COLLEC
TING AUTHORITY
WITHHOLDING
TAX
ADUSTABLE/FIN
AL
Person preparing
Adjustable for

electricity bill:
235A
235B
236
236A
236B
236C
236D
Where the amount of

electricity bill is
exceeding Rs.400 but
does not exceed
Rs.20,000
Where bill exceeds
Rs.20,000
i)For commercial consumers
ii)
For industrial
consumers
On collection of amount of
electricity bill of
Domestic consumer having
monthly bill of less than
Rs.75,000
Domestic consumer having
monthly bill of Rs.75,000
or more
Production of steel billets,
ingots and mild steel
excluding stainless steel
On collection of telephone
charges of:
Telephone subscriber (bill
exceeds Rs.1,000)
Subscriber of internet,
mobile telephone and prepaid internet or telephone
car
On the sale by public
auction or auction by
tender
Domestic air tickets
Companies
(minimum for
others for bill
amounting
Rs.30,000 per
month/
adjustable for
the amount of
bill exceeds
30,000)
Person preparing
electricity
consumption bill
Adjustable
Person preparing
electricity
consumption bill
Final
Rs.80 to
1,500
per
month
10%
5%
7.5
Rs.1/Unit
s of
electricit
y
consume
d
10
14
10
On sale or transfer of
immovable property
for:
Filer
Non-Filer
On arranging or holding a
function in a marriage hall,
marquee, hotel, restaurant,
commercial lawn, club, a
community place or any
such place used for such
purpose
electricity
consumption bill
0.5
1
Adjustable
Person preparing
telephone bill
Any person making

sale by public
auction or auction
by tender
Person preparing air
tickets
Any person
responsible for
registering or
attesting transfer of
immovable property
Owner, a lease
holder, an operator
or a manager of
marriage hall,
marquee, hotel,
restaurant,
commercial lawn,
Adjustable
Adjustable
Adjustable
Adjustable
Adjustable

236E
SECTION
REFERE
NCE
236F
236G
236H
On foreign produced TV
drama serial
On foreign produced
TAV drama serial
(single episode)
NATUE OF PAYMENT/
TRANSACTION
Cable operators and

other electronic media
on issuance of license for
distribution services or
renewal of license
In case of Cable
Television Operator
License category H to
B-10
In the case of IPTV, FM
Radio, MMDS, Mobile TV,
Mobile Audio, Satellite
TV Channel, and landing
rights
Sales to
distributors,
dealers and
wholesalers
Fertilizers:
Filer
Non-Filer
Sales to retailers
Rs.100,0
00 per
episode
Rs.100,0
00
TAX RATE
(%/Rs)
Tax on
License
fee
Tax on
Renew
al
Rs.
75,000
to Rs.
875,500
Rs.
10,00
0 to
Rs.
900,0
00
club, a community
place or any other
place used for such
purpose
Any person
responsible for
censoring or
certifying a foreign
produced film. TV
drama serial or a
play for screening a
viewing
DEDUCTION/COLLEC
TING AUTHORITY
WITHHOLDING
TAX
ADUSTABLE/FI
NAL
Pakistan Electronic
Media Regulatory
Authority
20% of
permissi
on fee
or
renewal
fee
0.7
1.4
0.5
Every manufacturer
or commercial
importer of
electronics, sugar,
cement, iron and
steel products,
fertilizer,
motorcycles,
pesticides,
cigarettes, glass,
textile, beverages,
paint or foam sector
Every manufacturer,
distributor, dealer,
wholesaler or
commercial
importer of
electronics, sugar,
Adjustable in
the year tax
was collected
Adjustable in
the year tax
was collected

236I
Fee paid to an
educational institution
where annual fee
exceeds Rs.200,000
5%
236J
On the issuance of
renewal of licenses of
dealers, commission
agents and arhatis etc.
(per
annum)
Group or Class A
Group or Class B
Group or Class C
Any other category
SECTION
REFERE
NCE
236K
236L
NATUE OF PAYMENT/
TRANSACTION
On purchase or transfer
of immovable property
Where value of
immovable property is
upto Rrs.3 million
Where value of
immovable property is
more Rrs.3 million
Filer
Non-Filer
For non-filer up
to the date
appointed by
the Board
On purchase of
cement, iron and

steel products,
fertilizer,
motorcycles,
pesticides,
cigarettes, glass,
textile, beverages,
paint or foam sector
The person
preparing fee
voucher or challan
Every market
committee
Adjustable
against the
liability of the
either of the
parents or
guardian
making
payment of fee
Adjustable
Rs.10,000
Rs.7,500
RS.5,000
Rs.5,000
TAX RATE
(%/Rs)
DEDUCTION/COLLEC
TING AUTHORITY
WITHHOLDING
TAX
ADUSTABLE/FI
NAL
Any person
responsible for
registering or
attesting transfer of
any immovable
property
Adjustable
Every online
Adjustable
1
2
1

operating in
Pakistan
international air ticket (oneway of return) issued from

Pakistan on:
First Executive
Class
Rs.16,000
per person
Other excluding Rs.12,000

per person
Economy
Economy
236P
236Q
236R
236S
Banking Transaction
Otherwise Than Through
Cash for Non-Filer
On use or right to use
industrial, commercial
and scientific equipment
On education related
expenses remitted
abroad
Payments of dividend
declared / distributed by:
Purchase of a power
project privatized by
WAPDA
Company set up for
power generation
Company supplying
coal exclusively to
power generation
projects
Any other filer
Any other Non-file
NATUE OF PAYMENT/
TRANSACTION
0.6
Every banking
company
Adjustable
10
Every prescribed
person
Final
Banks, financial
institutions, foreign
exchange
companies or any
other person
Adjustable
7.5
Every person paying

dividend
Final
10
10
10
Collective
Investment Scheme
or Mutual Funds
Final
TAX RATE
(%/Rs)
DEDUCTION/COLLEC
TING AUTHORITY
7.5
7.5
12.5
17.5
Dividend received from

a Stock Fund by:
Individual
Company
AOP
SECTION
REFERE
NCE
Rs.0
Dividend from Stock

Fund is less than capital
gains:
Dividend received
Money Mart Fund,
Income Fund or any
other fund by:
WITHHOLDING
TAX
ADUSTABLE/FI
NAL
15

236T
Individual
Company
AOP
On sale or purchase of
futures commodity
contracts
On commission on sale
or purchase of future
commodity contract
10
25
10
0.1
Collective
Investment Scheme
or Mutual Funds
Pakistan Mercantile
Exchange Limited
0.1
Every prescribed
person
Final
Minimum tax
Minimum tax
Withholding tax rates for Individuals & AOP

Tax Year 2016
S. No.
(1)
1
2
Taxable Income
(2)
Where the taxable income does
not exceed Rs.400,000
Where the taxable income
exceed Rs.400,000 but does
not exceed Rs.1,500,000
exceed Rs.1,500,000 but does
exceed Rs.6,000,000
Rate of Tax
(3)
0%
7% of the amount exceeding
Rs.400,000
Rs.7,000 + 10% of the amount
exceeding Rs.500,000
exceeding Rs.1,500,000
Rs.1,319,500 + 35% of the
amount exceeding Rs.6,000,000
Withholding tax rates Salaried Persons

Tax Year 2016
S. No.
Taxable Income
Rate of Tax
(1)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
(2)
does not exceed Rs.400,000
exceed Rs.1,400,000
but
does
not
exceed
Rs.1,500,000
exceed Rs.1,500,000
but
does
not
exceed
Rs.1,800,000
exceed Rs.1,800,000
but
does
not
exceed
Rs.2,500,000
exceed Rs.2,500,000
but
does
not
exceed
Rs.3,000,000
exceed Rs.3,000,000
but
does
not
exceed
Rs.3,500,000
exceed Rs.3,500,000
but
does
not
exceed
Rs.4,000,000
exceed Rs.4,000,000
but
does
not
exceed
Rs.7,000,000
exceed Rs.7,000,000
(3)
0%
2% of the amount exceeding
Rs.400,000
Rs.14,500 + 10% of the
amount exceeding Rs.750,000
Rs.79,500 + 12.5% of the
amount exceeding
Rs.1,400,000
Rs.92,500 + 15% of the
amount exceeding
Rs.1,500,000
Rs.137,000 + 17.5% of the
amount exceeding
Rs.1,800,000
Rs.259,500 + 20% of the
amount exceeding
Rs.2,500,000
Rs.359,500 + 22.5% of the
amount exceeding
Rs.3,000,000
Rs.472,000 + 25% of the
amount exceeding
Rs.3,500,000
Rs.597,000 + 27.5% of the
amount exceeding
Rs.4,000,000
Rs.1,422,000 + 30% of the
amount exceeding
Rs.7,000,000

Withholding tax rates

Capital Gain on Disposal of Securities
Tax Year 2016
S.
No.
(1)
Period
Tax Year 2015
Tax Year 2016
(2)
(3)
(4)
12.5%
15%
Where holding period of a

security is twelve months or
more but less than twenty four
months
10%
12.5%

security is twenty four months
or more but less than four
years
0%
7.5%

security is less than twelve
months
Provided further that a mutual fund or a collective investment scheme or a REIT scheme
shall deduct Capital Gains Tax at the rates as specified below, on redemption of securities
as prescribed, namely;
Category
Individual and
association of persons
Company
Filer
Non File
10% for stock funds
17.5%
10% for others

10% for stock funds
25%
20% for others

RATE OF TAX FOR COMPANIES
The rate of tax on companies other than banking companies has been reduced
to 32% for tax year 2016 in line with the announcement made by the Finance
Minister in 2013 whereby the rate of tax for companies is to be brought o 30%
in a phased manner over five years (from tax year 2014 to 2018).

Withholding tax rates

INCOME FROMPROPERTY
Tax Year 2016
S.
No.
(1)
Period
Tax Year 2015
Tax Year 2016
(2)
(3)
(4)
Nil
Nil
Where the gross amount of

rent exceeds Rs.150,000 but
does not exceed Rs.1,000,000
10% of the gross

amount
exceeding
Rs.150,000
10% of the gross

amount
exceeding
Rs.150,000

rent exceeds Rs.1,000,000
Rs.85,000 + 15%
of the gross
amount
exceeding
Rs.1,000,000
Rs.85,000 + 15%
of the gross
amount
exceeding
Rs.1,000,000

rent does not exceed
Rs.150,000
The rate of tax to be deducted u/s 155 in the case of company shall be 15% of the
gross amount of payment.

Related Legal
Provisions
1. Payment of tax collected or deducted
Section 160 of the Income Tax Ordinance, 2001 read with Rule 43 of the
Income Tax Rules, 2002
As required under section 160 and under the Sixth Schedule to the Ordinance, the
tax collected or deducted under Division II or
Division III of Part V of Chapter X of the Ordinance, Chapter XII of the Ordinance or
Sixth Schedule to the Ordinance shall be paid to
the Commissioner by way of credit to the Federal Government, (a) where the tax has been collected or deducted by the Federal Government of
a Provincial Government on the day the tax was collected or deducted; or
(b)where the tax has been collected or deducted by a person other than the
Federal Government or a Provincial Government, by remittance to the
Government Treasury or deposit in an authorized branch of the State Bank of
Pakistanor the National Bank of Pakistan, within seven days from the end of
each week ending on every Sunday.
2. Filing of monthly statements:
Section 165(2) of the Ordinance, 2001 read with Rule 44 of the Rules
Every prescribed person collecting tax under Division II of this Part of Chapter XII or
deducting tax from a payment under Division
III of this Part or Chapter XII shall furnish or e-file statements under sub-section (1)
by the 15th day of the month following the
month to which the withholding tax pertains.
3. Filing of annual statement:
Section 165(6) of the Ordinance read with Rule 44 of the Rules
Every person deducting tax from payment under section 149 shall furnish to the
Commissioner an annual statement in the
prescribed form and manner.
3. Failure to pay tax collected or deducted
Section 161(1) of the Ordinance
Where a person(a) fails to collect tax as required under Division II of this Part or Chapter XII
or deduct tax from a payment as required under Division III of this Part or
Chapter XII or as required under section 50 of the repealed Ordinance; or
(b)having collected tax under Division II of this Part or Chapter XII or deducted
tax under Division II of this Part or Chapter XII or deducted tax under Division
III of this Part or Chapter XII fails to pay the tax to the Commissioner as
required under section 160, or having collected tax under section 50 of the
repealed Ordinance pay to the credit of the Federal Government as required
under sub-section (8) of section 50 of the repealed Ordinance,the person
shall be personally liable to pay the amount of tax to the Commissioner who
may pass an order to that effect and proceed to recover the same.
4. Offences and Penalties
Serial (1A) and (15) of Section 182(1) of the Ordinance
Any person who commits any office specified in column (2) of the Table
below shall, in addition to and not in derogation of any punishment to which
he may be liable under this Ordinance or any other law, be liable to the
penalty mentioned against that offence in Colum (3) thereof:-
S.
No.
(1)
1A.
15.
Offences
(2)
Where any person fails to
furnish a statement
as required under section
115, 165 or 165A
within the due *[date].
* the word date in
bracket inserted by us,
which appears to be
missing.
any person who fails to
collect or deduct tax as
required under any
provision of this Ordinance
or fails to pay the tax
collected or deducted as
required under section
160.
Penalties
(3)
Such person shall
pay a penalty of
Rs.2500 for each
day of default
subject to a
minimum penalty of
fifty thousand
rupees
such person shall
pay a penalty of
twenty five thousand
rupees or the 10% of
the amount of tax
whichever is higher.
Section of the
Ordinance to
which
offence has
reference.
(4)
115, 165 and
165A
148, 149, 150,

151,
152, 153, 153A,
154,
155, 156, 156A,
156B, 158, 160,
231A, 231B,
233,
233A, 234,
234A,
235, 236, 236A.
5. Default Surcharge
Section 205(3) of the Ordinance
A person who fails to collect tax, as required under Division II of Part V of
this Chapter or Chapter XII or deduct tax as required under Division III of
Part V of this Chapter or Chapter XII or fails to pay an amount of tax
collected or deducted as required under section 160 on or before the due

date for payment shall be liable for default surcharge at a rate equal to 18
per cent per annum on the amount unpaid computed for the period
commencing on the date the amount was required to be collected or
deducted and ending on the date on which it was paid to the Commissioner:
Provided that if the person opts to pay the tax due on the basis of an
order under section 129 on or before the due date given in the notice
under sub-section (2) of section 137 issued in consequence of the said
order and does not file an appeal under section 131, he shall not be
liable to pay default surcharge for the period beginning from the date of
order under section 161 to the date of payment.
Concept of Filer and

NonFiler
A concept of filers and nonfilers was introduced through the Finance Act, 2014
in the Income Tax Ordinance, 2001 (the Ordinance) and accordingly higher
rates of Withholding of Taxes (WHT) were levied on nonfilers, in respect
Dividend under Section 150, Profit on Debt under Section 151, Cash Withdrawal
from Bank under Section 231A, Vehicle registration under Section 234, Advance
tax on Sales to distributors, dealers & Wholesalers under Section 236G and
Purchase and Sale of immovable property under Sections 236C & 236K
respectively. The terms Filer and NonFiler were also defined through
insertion of the following Clauses (23A) and (35C) in Section 2 of the Ordinance.
I.
Filer means a taxpayer whose name appears in the active taxpayers
list issued by the Board from time to time or is holders of taxpayers card;
and
II.
NonFiler means a person who is not a filer.
Through issuance of latest SRO 136(1)/2015 dated 13022015, the concept of
higher rates for nonfilers has further been extended to two
more sectors i.e. Imports under Section 148 and Services under Section 153(1)
(b) of the Ordinance.
Active Taxpayers List (ATL) is regulated by Section 181A of the Ordinance read
with Rule 81B of the Income Tax Rules, 2002 (the Rules). As per
SubRule (4) of Rule 81B of the Rules the ATL will be updated on fifteenth of
every month.
Latest Active Taxpayers List (ATL) is accessible at the FBR webportal, which
may be downloaded and kept in records. The FBR vide SRO
176(1)/2015 dated 27022015 has also issued draft amendments in Rule 81 of
the Rules; whereby:
For Financial Year 201415, Active Taxpayers List shall be published and
made available at Boards web portal by the 21st March, 2015;
and
That Active Taxpayers List published during Financial Year 201314, shall
be valid upon the 20th March, 2015.
Therefore, in order to avoid any additional tax exposure, we would strongly

advise the reader of this publication to kindly check the status of
vendors/service providers in the Active Taxpayers List from the FBR web
portal, before releasing payments to any person.
Amin Mudassar & Company

4th Floor, IEP Building, 97-B/D-1,
Main Boulevard, Gulberg-III,
Lahore
Phone: (042) 35717261-2
Fax: (042) 35717263
Email: ameentax@gmail.com


Budget 2016 - Muzaffar

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Preface

Amin, Mudassar & Co.

and status of Tax Collection/Deduction along

(c) Default Surcharge for nonpayment of

Amin, Mudassar & Co.

Amin, Mudassar & Co.

Withholding tax rates for the Tax Year 2016

b) In all other cases of

dated December 31, 2011

Persons importing Gold

Every person paying

Amin, Mudassar & Co.

Fund is less than capital

Payment of profit / yield to

Payer of the profit or

Amin, Mudassar & Co.

Payments to resident person

Amin, Mudassar & Co.

Rice, Cotton seed and

In the case of other

In the case of other

Payment of rent (including

Payment of prize on prize

Amin, Mudassar & Co.

for promotion of sale

Cash withdrawal from a

Advance tax on transactions

Excise & Taxation

Payment of Brokerage and

Excise & Taxation

Other private motor cars

Where the motor vehicle tax

Amin, Mudassar & Co.

Where the amount of

Any person making

Amin, Mudassar & Co.

Cable operators and

Amin, Mudassar & Co.

cement, iron and

Amin, Mudassar & Co.

international air ticket (oneway of return) issued from

Other excluding Rs.12,000

Every person paying

Dividend received from

Dividend from Stock

Amin, Mudassar & Co.

Withholding tax rates for Individuals & AOP

Withholding tax rates Salaried Persons

Amin, Mudassar & Co.

Withholding tax rates

Tax Year 2015

Tax Year 2016

Where holding period of a

Where holding period of a

Where holding period of a

10% for stock funds

10% for others

20% for others

Amin, Mudassar & Co.

Withholding tax rates

Tax Year 2015

Tax Year 2016

Where the gross amount of

10% of the gross