Académique Documents
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CHAPTER
Advance Taxation
1
Basic concepts of taxation
Contents
1 Operation of the Ordinance and scope of tax
2 Tax year and Return filing dates
3 Mechanism for determination of taxable income
4 Person
5 Residential status
6 Determination of tax liability
7 Whether to form a company or AOP-Tax planning
8 Common rules
9 Circulars, notification, advance ruling and treaties
10 Taxpayer’s registration and Income tax authorities
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Note: Tax deducted in Azad Kashmir & Gilgit would be treated as foreign tax.
AJK Council and the Gilgit-Baltistan Council have adapted the Income Tax law in
Pakistan through their legislative assemblies. Under these enactments, the Gilgit-
Baltistan and AJK councils have adapted Pakistan's Income Tax law i.e. the
Income Tax Ordinance, 2001 and the Finance Acts passed subsequently by the
National Assembly of Pakistan for purposes of their own territories. However, the
Azad Jammu Kashmir and Gilgit-Baltistan are foreign territories as far as
applicability of the Income Tax Ordinance, 2001 is concerned.
There will be no withholding of tax in case of payment made to residents of Azad
Kashmir who execute contracts in Azad Kashmir only and produces a certificate
from the Taxation Officer concerned [SRO 586(I)/91 dated June 30, 1991]
Section 146 prescribes mechanism for recovery of tax from persons who have
been assessed in Azad Kashmir or Gilgit Baltistan but tax could not be recovered
from them. Under the said section where any person assessed to tax for any tax
year under the law relating to income tax in the Azad Jammu Kashmir and Gilgit
Baltistan has failed to pay the tax and the income tax authorities of the Azad
Jammu and Kashmir or Gilgit cannot recover the tax because
(a) the person ‘s residence is in Pakistan; or
(b) the person has no movable or immovable property in the Azad Jammu and
Kashmir or Gilgit Baltistan
the Deputy Commissioner in the Azad Jammu and Kashmir or Gilgit Baltistan may
forward a certificate of recovery to the Commissioner and, on receipt of such
certificate, the Commissioner shall recover the tax referred to in the certificate. The
certificate of recovery must mention place of residence of person in Pakistan and
amount of tax payable by the person along with detail of moveable and
immoveable properties situated in Pakistan.
Tax year
Return filing dates
same can be granted only if the person has shown a compelling need subject
to any conditions that may be imposed by the authority.
Note: A tax year can be a period of less than twelve months under some
special circumstances. For example in section 117(2), a taxpayer has to file a
return on discontinuance of business for the period commencing on the first
day of the tax year to the date of discontinuance of business, even if it
comprises, say 50 days. This period will be treated as a separate and distinct
tax year.
A change of year from normal to special or vice versa, granted by the
Commissioner is subject to withdrawal of grant if in his opinion it is no longer
feasible but not unless the taxpayer has been provided an opportunity of being
heard.
An order of the Commissioner for change of tax year shall take effect from such
date, being the first day of the special tax year or the normal tax year, as the
case may be, as may be specified in the order.
A taxpayer may file a review application with the Board against the decision of
the Commissioner at the time of granting permission for a special year or
withdrawal of the same and the decision by the Board on such application shall
be final.
In case of company
With tax year ending any time between On or before the 31st day of December
the first day of January and thirtieth day next following the end of tax year to
of June which the return relates
In any other case On or before the 30th day of September
next following the end of tax year to
which the return relates
Exercise:
(a) Determine the tax year and return filing date in respect of each accounting
periods mentioned below:
(i) 1.09. 2016 to 31.08.2017
(ii) 1.01.2017 to 31.12.2017
(iii) 1.04.2017 to 31.03.2018
(iv) 1.05.2015 to 31.04.2016
(v) 1.07.2015 to 30.06.2016
(b) Determine the financial year in respect of each tax year mentioned below:
(i) Tax year 2017, year end is 30 September
(ii) Tax year 2018, year end is 31 August
(iii) Tax year 2018, year end is 28 February
(iv) Tax year 2016, year end is 31 July
Answer
(a) Tax Years:
For all the three cases (i), (ii) and (iii) mentioned above, relevant tax year will be 2018
i.e. calendar year relevant to normal tax year [1.07.2017 to 30.06.2018) in which the
closing date ( 31.08.2017, 31.12.2017, 31.03.2018) of special year falls.
For case (iv), relevant tax year will be 2016 i.e. calendar year relevant to normal tax
year in which the closing date (31.04.2016) of special tax year falls.
For case (v) mentioned above, relevant tax year will be 2016 i.e. calendar year in which
the closing date (31.06.2016) of normal tax year falls.
Definition of income
Mechanism for determination of taxable income
Where the total deductions allowed to a person for a tax year under a head of
income exceed the total of the amounts derived by the person in that year that are
chargeable to tax under that head, the person shall be treated as sustaining a loss
for that head for that year of an amount equal to excess.
The income of a resident person under a head of income shall be computed by
taking into account amounts that are Pakistan-source income and amounts that
are foreign-source income.
The income of a non-resident person under a head of income shall be computed
by taking into account only amounts that are Pakistan-source income.
In view of aforesaid provisions of law, the equation to determine the taxable
income is a under:
Illustration
Source of Income Resident Non Resident
Pakistan source Taxable Taxable
Foreign source Taxable Not Taxable
Note: The principles for calculating Pakistan and foreign source income under a
particular head are different under the Ordinance. Therefore, while calculating total
income under a particular head, foreign and Pakistan source income should be
separately calculated. Foreign expenses should only be deducted against foreign
income and vice versa. For instance income from other source will be calculated as:
Income from other source = Net (foreign + Pakistan) income from other source
The total income of a person for a tax year shall be the sum of the
Person’s income under all heads of income for the year; and
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Person’s income exempt from tax under any of the provisions of Income Tax
Ordinance, 2001.
person to whom payment was made. However this will not absolve withholding
agent from any legal action under the law (i.e. expense disallowance and
recovery of default surcharge).
(vi). There is no refund of the non-adjustable tax collected or deducted at source
unless such tax is in excess of the amount of final tax for which the taxpayer
is chargeable and
(vii). An assessment is treated to have been made and the person is not required
to furnish a return of income in respect such income.
Where the tax collected or deducted is final tax under any provision of the Ordinance
and separate rates for filer and non-filer have been prescribed for the said tax, the
final tax shall be the tax rate for filer and the excess tax deducted or collected on
account of higher rate of non-filer shall be adjustable in the return filed for the relevant
tax year
Various incomes which are treated as final tax liability of the person under the
Income Tax Ordinance,2001 are:
(i) Execution of contract by non-resident u/s 152 subject to exercising the option.
(ii) Sale of goods by individual, AOP and trading companies under section 153.
(iii) Services of stitching, dying, printing, washing, sizing and weaving u/s 153.
(iv) Advertisement services by print media u/s 153.
(v) Exports u/s 154.
(vi) Prizes and winnings under section 156.
(vii) Commercial importer under section 148(7).
(viii) Person selling petroleum products to petrol pump operator under section
156A.
(ix) CNG stations under section 234A.
(x) Commission and brokerage under section 233.
(xi) Tax collected on the lease of the rights to collect toll under section 236A.
(xii) Payment to residents for use of machinery under section 236Q.
4 PERSON
Section overview
Person
Whether to form a company or AOP-Tax planning
Definition: Person
an individual;
a company or association of persons incorporated, formed, organised or
established in Pakistan or elsewhere;
The Federal Government, a foreign government, a political subdivision
of a foreign government or public international organisation
Definition of person includes different entities so these are defined and discussed
hereunder:
Definition: Company
“Company” means:
a company as defined in the Companies Ordinance, 1984
a small company as defined in section 2 of Income Tax Ordinance,2001
a body corporate formed by or under any law in force in Pakistan;
a Modaraba;
a body incorporated by or under the law of a country outside Pakistan
relating to incorporation of companies;
a foreign association, whether incorporated or not, which the Board has,
by general or special order, declared to be a company for the purposes
of this Ordinance;
a Provincial Government; or
a local Government in Pakistan; or
a Co-operative society, a Finance society or any other society
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a non-profit organisation
a trust, an entity and a body of persons established or constituted by or
under any law for the time being in force
“Public company” means —
(a) a company in which not less than fifty per cent of the shares are held by
the Federal Government or Provincial Government;
(b) a company in which not less than fifty per cent of the shares are held by
a foreign Government, or a foreign company owned (100%) by a
foreign Government;
Note: Foreign company must be 100% owned by foreign Government
(c) a company whose shares were traded on a registered stock exchange in
Pakistan at any time in the tax year and which remained listed on that
exchange at the end of that year; or
(d) a unit trust whose units are widely available to the public and any other
trust as defined in the Trusts Act, 1882.
For tax year 2019 rate of tax imposed on the taxable income of the public company
other than a banking company will be 29% which will be reduced by 1% each year
upto the tax year 2013. From Tax year 2023 onwards rate will be 25%.
For Banking companies income tax is chargeable at flat rate of 35% for all tax years.
For Modaraba rate of income tax is 25% for financing activities.
Note: A Public unlisted company under the Companies Ordinance, 1984 will be
considered as private company under the Income Tax Ordinance, 2001 unless it
fulfils criteria of 50% Government holding.
“Unit trust” means any trust under which beneficial interests are divided into units
such that the entitlements of the beneficiaries to income or capital are determined
by the number of units held. In Pakistan all open ended mutual funds are unit trusts.
“Private company” means a company that is not a public company.
For tax year 2019 rate of tax imposed on the taxable income will be 29% which will
be reduced by 1% each year upto the tax year 2023. From Tax year 2023 onwards
rate will be 25%.
"Small Company" means a company registered on or after the first day of July,
2005, under the Companies Ordinance, 1984 which,-
(i) has paid up capital plus undistributed reserves not exceeding fifty
million rupees;
(ii) has employees not exceeding two hundred and fifty any time during the
year;
(iii) has annual turnover not exceeding two hundred and fifty million
rupees; and
(iv) is not formed by the splitting up or the reconstitution of a company
already in existence;
For tax year 2019 rate of tax imposed on the taxable income of small company will
be 24% which will be reduced by 1% each year upto the tax year 2023. From Tax
year 2023 onwards rate will be 20%.
Note: A small company can be private or a public company.
"Start-up" To strengthen and promote the local IT industry of Pakistan a concept
of Start-up is introduced through Finance Act, 2017. Start-up means a business of
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resident individual, AOP or company that commenced on or after 01 July 2012 and
person is engaged or intends to offer technology driven products or services to any
sector of the economy subject to following conditions:
(i) It is registered with and duly certified by Pakistan Software Export
Board.
(ii) It has turnover of less than Rs. 100 Million in each of last five tax years.
Profits and gains of any business fulfilling the above conditions is exempt from tax
in the tax year in which it is certified by PSEB and for following two tax years. Start-
up are also exempt from minimum tax under section 113 and from withholding tax
on receipts from local sales and services under section 153 as recipient. (Ref: Sec
2(62A), Clause 143 Part I, 11A and 43F Part IV of Second Schedule).
Note: This exemption is available in case of income from local sales of IT
products and services. Income from export of computer software, IT services or
IT enabled services is already exempt under Second Schedule provided 80% of
the receipts are brought into Pakistan through normal banking channel.
Tax credits for reduction in tax rates of companies:
Tax credits are tax reliefs provided under the law to the tax payer. Tax credits are
deducted from tax liability. Further unless specifically stated, tax credits are only
available against income assessable under the normal tax regime. Few of the tax
credits available Under the Income Tax Ordinance, 2001 are as follows:
(a) Tax credit for enlistment (Sec 65C)
Where a taxpayer being a company opts for enlistment in any registered stock
exchange in Pakistan, a tax credit shall be allowed for the tax year in which the
said company is enlisted and for the following three tax year. Tax credit equal to
20% of the tax payable is allowed for first two tax years and 10% of tax payable
for last two tax years.
(b) Sharia complaint companies already listed on stock exchange (Clause 18B
Part II of Second Schedule)
The rate of tax shall be reduced by 2% (27% for tax year 2019) in case of a
company whose shares are traded on stock exchange if:
(i) it fulfils prescribed shari’ah compliant criteria approved by State Bank of
Pakistan, Securities and Exchange Commission of Pakistan and the Board;
(ii) derives income from manufacturing activities only;
(iii) has declared taxable income for the last three consecutive tax years; and
(iv) has issued dividend for the last five consecutive tax years.
Further Board through Rule 231H of the Income Tax Rules, 2002 has prescribed
following Shari’ah compliant criteria for a company:
(i) The business of the company shall be Halal i.e. it shall not include
processing or manufacturing of pork, liquor, non-Halal products,
pornographic material or any other activity not permitted by Shari’ah.
(ii) There should be Riba free financing on the balance sheet of the company,
however the company may be leveraged through Islamic modes of
financing obtained from licensed Islamic financial institutions.
(iii) All the investments made by the company should be one hundred percent
Shari’ah compliant, therefore, it would not be permissible for the company
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(iv) The company shall be obliged to maintain free float of the company at
thirty percent of the outstanding shares.
(c) Companies established through foreign direct investment (Clause 18A Part
II of Second Schedule)
The rate of tax shall be reduced to 20% for a company setting up an industrial
undertaking between the first day of July, 2014 to the thirtieth day of June, 2017,
for a period of five years beginning from the month in which the industrial
undertaking is set up or commercial production is commenced whichever is later:
Provided that fifty percent of the cost of the project including working capital is
through owner equity foreign direct investment.
Sec 2(36) “Non-profit organization” means any person other than individual
which is
Tax credit equal to 100% of the tax payable is allowed to non-profit organization
subject to fulfilment of certain conditions mentioned in Section 100C.
Exercise
(a) Briefly state, with reasons, whether or not you consider the below mentioned
companies to be a public company for tax purpose:
(i). PPL is a company incorporated under the Companies Ordinance, 1984 and is
not listed on any stock exchange in Pakistan. 59 per cent of the shares in PPL
are held by BBC Ltd, a company incorporated in United Kingdom. United
Kingdom holds 97% of the shares in BBC Ltd
(ii). XYZ Limited is a public company incorporated under the Companies
Ordinance, 1984 whose shares were traded on the Pakistan Stock Exchange
(PSX) from 01 August 2017 until 29 June 2018 on which date the company was
delisted on the exchange.
(iii). The Provincial Government of NWFP holds 50% of the shares in ABC Ltd, a
public company under the Companies Ordinance, 1984. ABC Ltd is not listed
on any stock exchange in Pakistan.
(iv). BRR is a public company under the Companies Ordinance, 1984. 41% of the
shares are held by the Federal Government, 50% by the Government of Saudi
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Arabia and 9% by the individuals and group companies. BRR is not listed on
any stock exchange in Pakistan.
(b) Anderson Inc., a public company incorporated under the law of the United
Kingdom relating to the incorporation of companies, has been operating in Pakistan
for over 50 years. The control and management of the Pakistan branch for the
accounting year ended 31 December 2017 was situated wholly outside Pakistan.
Required:
Briefly state, with reasons whether Anderson Inc. will be assessed as a company for
Pakistan tax purposes for the relevant tax year.
Answer(a)
(i). A public company for Pakistan tax purposes, inter alia means a company in
which not less than 50% of the shares are held by a foreign government or a
foreign company owned by a foreign government. 59% of the shares in PPL
are owned by BBC Ltd, which is a foreign company but BBC Ltd is not wholly
owned by the United Kingdom (foreign government). Therefore PPL is not a
public company for Pakistan tax purpose.
(ii). A company whose shares are traded on a registered stock exchange in Pakistan
at any time in the tax year and which remained listed on that exchange at the
end of that year is a public company for tax purpose.
Though the shares of XYZ Limited were traded on the Lahore stock exchange
during the tax year 2018, XYZ Ltd did not meet the test of being a public
company for tax purpose since its shares were not listed on the Pakistan stock
exchange on 30 June 2018. XYZ Ltd is therefore not a public company for tax
purpose.
(iii). A company in which not less than fifty per cent of the shares are held by the
Federal Government or Provincial Government is a public company for tax
purpose. Since the Provincial Government of NWFP holds 50 percent of the
shares in ABC Ltd, ABC Ltd is a public company for tax purpose
(iv). A public company for Pakistan tax purposes, inter alia means a company in
which not less than 50% of the shares are held by a foreign government,
therefore, BRR is a public company as 50% of the shares are held by
Government of Saudi Arabia.
(b)
As per section 80, a company also mean a body incorporated by or under the law of
a country outside Pakistan relating to incorporation of companies. Therefore
Anderson Inc., will be treated as company for Pakistan tax purpose.
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5 RESIDENTIAL STATUS
Section overview
Resident taxpayer
Resident and non-resident persons
Resident individual
Resident company
Resident association of persons
Exercise:
Explain the residential status of the following persons for the tax year 2019:
(i). Mr. Raza is working as Director Operations in the Ministry of Tourism. On 15
July 2018 he was posted to Pakistan Embassy in Italy for two years.
(ii). Anderson LLC was incorporated as limited liability Company in UK. The control
and management of its affairs was situated wholly in Pakistan. However, with
effect from 01 November 2018, the entire management and control was shifted to
UK.
(iii). On 01 February 2019, Mr. Sameel was sent to Pakistan by his UK based company
to work on a special project. He left Pakistan on 23 August 2019.
(iv). BBL is a non-listed public company incorporated under the Companies
Ordinance, 1984. All the shareholders of the company are individuals. The control
and management of affairs of the company during the year was outside Pakistan.
(v). Mr. Salman a property dealer in USA came to Pakistan on 01 February 2018.
During his stay upto 02 August 2018 in Pakistan, he remained in Lahore upto 30
June 2018 and thereafter till his departure from Pakistan, in Quetta. Assume that
Commissioner has granted him permission to use calendar year as special tax year.
(vi). Omega LLC (OLLC) was incorporated as a limited liability company in UAE.
OLLC has 5 directors out of which 2 are involved in management, the rest of them
were situated in UAE. The 2 directors control the affairs of the company from
Pakistan.
(vii). Ramiz proceeded to Saudi Arabia on 24 December 2018 to assume
responsibilities on his new job. He visited Karachi from 20 June 2019 to 24
June 2019 for presenting a paper in a seminar but due to unavoidable
circumstances, the seminar was cancelled.
Answer
(a)
(i). Being an employee of Federal Government, Mr. Raza would be treated as
resident irrespective of number of days he stays in Pakistan.
(ii). A company shall be resident if control and management of the affairs of the
company is situated wholly in Pakistan at any time in the year. Therefore,
company is resident irrespective of the fact that it was incorporated in UK.
(iii). The stay of Mr. Sameel for the purpose of tax year 2019 is 150 days
(28+31+30+31+30). Since his stay in Pakistan is less than 183 days in tax year
2018, he is non-resident for tax purposes.
(iv). If a company is incorporated or formed by or under any law in force in Pakistan,
it is treated as a resident company. Such company cannot be treated as non-
resident merely on the basis that the control and management of the affairs of
the company were situated abroad. Therefore, BBL is a resident company.
(v). It is immaterial where he stayed in Pakistan. No. of days shall be counted from
the day of his arrival in Pakistan to the day of his departure in the following
manner:
Accounting period 01 January 2018 to 31 December 2018 (Tax year 2019)
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February 2018 28
March 2018 31
April 2018 30
May 2018 31
June 2018 30
July 2018 31
August 2018 2
Total 183
Month No of
Days
July 2018 31
August 2018 31
September 2018 30
October 2018 31
November 2018 30
December 2018 24
June 2019 5
Total 182
Ramiz is a non- resident person as his total stay in tax year 2019 is less than
183 days.
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6.1 Computation of tax liability and tax rates (Sec-4 read with First Sch.)
Income tax shall be imposed on every person having taxable income for each tax
year at the applicable rates as mentioned in first schedule of the Income Tax
Ordinance, 2001
First Schedule of the Income Tax Ordinance,2001 prescribes different tax rates
for different classes of persons in the following manner:
Tax rates for every individual (salaried or other than salaried)
Provided that where taxable income exceeds eight hundred thousand rupees the
minimum tax payable shall be two thousand rupees.
Tax rates for Association of persons (AOP)
Important points
Exercise
Any decision to form a company/AOP should be made after taking into consideration the
following:
Company’s income is taxed at flat rate of 29%. Small company is taxable @ 24%,
whereas AOP’s is taxable at varying rate with maximum rate of 30% on income
above Rs.6 million.
Any business expense in the form of salary or any other remuneration to member
is not allowed as an expense to an AOP, whereas same is fully allowed as an
expense to director/shareholder of the company.
AOP is taxed separately from its members and where AOP has paid tax, the
amount received (distributed by AOP) by members out of the said income is
exempt from tax, however it is added for rate purpose only. On the other hand,
company firstly have to pay 29%/24% tax on its taxable profits and then any
distribution out of its after tax profits is treated as dividend and is subject to further
tax @ 15% in the hands of members.
Exercise
Azeem, Arif and Asif are planning to commence a business venture w.e.f 01 July 2018
selling chemicals to corporate clients. They are however not certain whether the
business venture should be in the form of partnership or a limited company. They
intend to make investment and share profit in the ration of 3:2:1 respectively. Further
in case of limited company they would distribute 30% of the after tax profits as
dividends.
Projected profit and loss account for the tax year 2019 is given as follows:
Particulars Rupees
Sales 15,000,000
Profit before tax has been calculated after deducting salaries and wages of Rs. 500,000,
Rs. 700,000 and Rs. 600,000 to be paid to Azeem, Arif and Asif respectively.
Assume that all other expenses deducted in calculating profit after tax are also
admissible under the Income Tax and members don’t have any other taxable income.
Required
Under the provisions of the Income Tax Ordinance, 2001 advice Azeem, Arif and Asif
on the preferable structure of their business, whether it should be a partnership or a
limited liability company.
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Answer
(b) Taxation impact on different structures
Tax Year: 2019
Amount
In case of partnership:
Note: AOP is taxed separately from its members and where AOP has paid tax, the
after tax amount received by members out of income of AOP is exempt from tax. It
is only added in members income for rate purpose.
In case of company:
(a) Small company
Profit before tax 1,095,000
Tax liability @ 24% (A) 262,800
Profit after tax 832,200
Dividend @ 30% 249,660
Tax on dividend @ 15% (B) 37,449
Total tax liability (A + B) 300,249
Conclusion:
Based on the above information it would be better for Azeem, Arif and Asif to
operate as an AOP, if possible, being the lowest tax impact.
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08 COMMON RULES
Section overview
Currency conversion
Receipt of income
Recouped expenditure
Fair market value
Rules to prevent double derivation and double deductions
Cessation of source of income
Limitation of exemption
Apportionment of deductions
The fair market value of any property, or rent, asset, service, benefit or perquisite
shall be determined without regard to any restriction on transfer or to the fact that
it is not otherwise convertible to cash.
Note: Transactions between associates should always be recorded at Arm’s
length (Fair market value) even if actual value of transaction is greater than FMV.
Where the price other than immoveable property is not ordinarily ascertainable,
such price may be determined by the Commissioner.
As per Clause 105B Part I of the Second Schedule any income received
from a corporate agriculture enterprise distributed as dividend out of its
income from agriculture is exempt from tax.
Dividend income of shareholders of Coal mining and Coal based power
generation projects set up in Sindh is exempt for 30 years as per Clause
78 Part IV of the Second Schedule.
Exercise:
Explain the income tax implications in respect of each of the following independent
transactions:
(i). On 21 March 2011, there was a fire in the shop of Mr. Imran and the entire
stock valued at Rs.100,000 (at cost) was destroyed. Imran’s insurance
company refused to entertain the claim for Rs.100,000 for the loss of the
stock-in-trade. Imran ceased doing business as and from 30 June 2011. In
the return of income furnished for the tax year 2011, Imran claimed
Rs.100,000 as a deductible business loss in computing his income under the
head ‘Income from business’. The loss was allowed as a deductible charge
in that tax year. During the tax year 2018, the insurance company, on
receiving a legal notice from imran, made a payment of Rs.75,000 against
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the claim for the loss of stock-in-trade which Imran accepted in full
settlement.
(iii). During the tax year 2018 an amount of Rs. 200,000 was reimbursed to ABC
(Pvt.) Limited by its parent company. The amount was incurred by ABC
(Pvt.) Limited in the previous tax year on marketing its various products.
40% of company’s income from sale of products is assessable under the final
tax regime.
(iv). A motor car with accounting and tax written down value of Rs.400,000 and
Rs. 500,000 respectively was transferred to a retiring director as a parting gift
by HPL Ltd. The director disposed of the car to an unrelated person two
days after its acquisition by transfer for Rs. 400,000. The company did not
recognize any tax gain/loss while computing its taxable income.
(v). A special payment of Rs. 75,000 in lieu of leave encashment was made
available to Atif an employee of the company, however, he voluntarily
waived his right to receive such payment. Aif has not offered this amount
to tax as he is following cash-basis accounting.
(vi). ABC Limited sold a product to its associated company at Rs. 500,000. The
fair market value of the product was Rs. 400,000. The company recorded
sale at Rs. 500,000 in its books.
Answer
(i) Cessation of source of income
Law specifically provides that if there is any income that has been derived by a
person in a tax year from a business, activity, investment or other source that has
either ceased before the commencement of that year or during the year and if that
income would have been taxable had there been no cessation, then the provision of
the tax statute would apply as if there was no cessation (Ref: Sec 72)
In other words section 72 deems the business, activity, investment or other source
to have been carried on by the person in the tax year in which the income was
derived despite the cessation of the business activity, investment or other source.
The above amount shall be offered for tax in the return under the head “Income
from business”
Where any income is exempt from tax under the Ordinance, the exemption, in the
absence of a specific provision to the contrary, shall be limited to the original
recipient of that income and shall not extend to any person receiving any payment
wholly or in part out of that income.
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However as per Clause 105B Part I of the Second Schedule any income received
from a corporate agriculture enterprise distributed as dividend out of its income from
agriculture is exempt from tax. Hence Rs. 45,000 will be exempt from tax.
where a person has been allowed a deduction for any expenditure or loss incurred
in a tax year in the computation of the person’s income chargeable to tax and
subsequently, the person has received, in cash or in kind, any amount in respect of
such expenditure or loss, the amount so recovered shall be included in the income
for the tax year in which it is received.
60% of company’s income is assessable under NTR, while 40% is assessable under
final tax regime (FTR). No expense is allowed in deriving income chargeable to tax
under final tax regime. Hence only Rs. 120,000 will be added in taxable income.
As the motor car was gifted by HPL to its director, the fair market value of the
car will be treated as consideration received. Hence, there will be a tax loss of
Rs. 100,000 on disposal of car which will be computed as under:
Tax written down value 500,000
Consideration received (400,000)
Tax loss 100,000
Exercise:
Following information is available as per the records of ABC Limited for Tax Year
2018:
Particulars Amount
(Rupees)
Gross sales 345,800,000
Cost of sales 245,350,000
Gross Profit 100,450,000
Administration and selling 61,015,000
expenses
Other Income-Brokerage & 4,300,000
Commission
Profit before tax 43,735,000
Additional Information:
(i) Breakup of sale is as follows:
Local sales inclusive of sales tax 164,034,000
Exports 181,766,000
(ii) Cost of sales include Freight of Rs.500,000 in respect of exported goods.
(iii) Administrative and selling expenses are common in nature and also pertains to
other income.
Required:
Under the provisions of the Income Tax Ordinance, 2001 and Rules made
thereunder, compute taxable income of ABC Limited for Tax year 2018.
Answer
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ABC Limited
Computation of taxable income
Tax Year: 2018
Local Commissi
Particulars Export Total
Sales on
Circulars
Power to issue notifications
Advance ruling
Agreement for avoidance of double taxation
With a view to reduce tax disputes and to encourage foreign investment, the law
provides for scheme of advance ruling for non-resident taxpayers. The scheme
enables a non-resident person to obtain in advance a binding ruling from the
Advance Ruling committee with reference to a tax implication arising to any
transaction.
The application shall be considered by a three member Committee consisting of
(i) Chairman, Central Board of Revenue (ii) Member Inland Revenue, CBR (iii)
Senior Joint Secretary, Law, Justice and Human Rights Division. The Committee
may obtain comments of the concerned Commissioner and legal expert if required.
A non-resident person desiring to seek advance ruling is required to set out in his
application all facts relating to the transaction for which he wants to seek a ruling.
The Board shall within ninety days of the receipt of application, issue to the
taxpayer an advance ruling setting out the Commissioner‘s position regarding the
application of the Income Tax Ordinance, 2001 to a transaction proposed or
entered into by the taxpayer.
Where the taxpayer has made a full and true disclosure of the nature of all aspects
of the transaction relevant to the ruling and the transaction has proceeded in all
material respects as described in the taxpayer‘s application for the ruling, the ruling
is binding on the Commissioner with respect to the application to the transaction
of the law as it stood at the time the ruling was issued.
The advance ruling shall be binding on the Commissioner only in respect of the
specific transaction on which such advance ruling is issued and shall continue to
remain in force unless there is a change in facts or in the law on the basis of which
the advance ruling was pronounced.
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Taxpayer’s registration
Compulsory registration in certain cases
Taxpayer’s registration by Commissioner
Displaying and quoting national tax number
Active taxpayer’s list and taxpayer card
Income Tax Authorities
Every taxpayer is required to apply for registration. The application shall be made
in the prescribed form and in the prescribed manner.
The Commissioner having jurisdiction over a case may also register a taxpayer in
the prescribed manner if so necessitated by the facts of the case.
Taxpayer’s registration scheme shall be regulated through the rules to be notified
by the Board.
From tax year 2015 and onwards, in case of individuals having Computerized
National Identity Card (CNIC) issued by the National Database and Registration
Authority, CNIC shall be used as National Tax Number.”;
10.2 Compulsory registration in certain cases (Section 181AA,)
Any application for commercial or industrial connection of electricity or natural gas shall not
be processed and such connection shall not be provided unless the person applying for is
registered under FBR.
Every person deriving income from business chargeable to tax who has been
issued with a National Tax Number Certificate shall display the person’s National
Tax Number at a conspicuous place at every place of business of the person and
shall also quote the person’s National Tax Number in the following circumstances,
namely:
(i) in all commercial transactions entered into by the person
(iii) in all returns, statements and other documents required to be furnished under
the Ordinance and in any correspondence with the Commissioner; and
(iv) in all documents relating to the person’s business on the following matters,
namely:-
all new connections of utilities, including water, gas, electricity and
telephone;
the entering into a loan with a banking company or financial institution;
the opening of letters of credit; and
the transfer of urban immovable property
Every person who fails to display NTN certificate at the place of business shall pay
a penalty of Rs. 5000.
10.5 Active taxpayer’s list & Taxpayer card (Sec-181A, 181B, Rule 81B, 81C)
The Board shall have the power to institute active taxpayers ‘list. Further Board
may make a scheme for introduction of a taxpayer honour card for individual tax
payers, who fulfil a minimum criteria.
A person shall be issued taxpayer card only if the person has filed a return. Board
shall issue Taxpayer card by first of March each year which shall be valid for a
period of one year.
Filer (Sec 2(23A)
Filer means a taxpayer whose name appears in the active taxpayers list issued
by the Board or Azad Jammu and Kashmir Council Board of Revenue or Gilgit
Baltistan Council Board of Revenue from time to time or is holder of taxpayer’s
card.
Non-Filer (Sec 2(35C)
Non filer means a person who is not a filer.
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Note: To penalise non filer, higher income tax withholding rates have been
prescribed under the Income Tax Ordinance, 2001. However, non-filer can
obtain refund of excess amount deducted on becoming a filer.
Similar a non filer cannot purchase vehicles on first registration (new car) and
immoveable property exceeding Rs. 5 million from tax year 2019 onwards.
The Board shall publish Active Taxpayers List (ATL) which shall be made available
on the Board's web portal, by first day of March in each financial year. ATL shall
be updated on every Sunday at 24:00 hours.
A person's name shall be included in ATL, if the person has filed a return under
section 114 or a statement under section 115 for the tax year for which the last
date as specified in section 118 (return filing date) falls during immediately
preceding twelve month.
However name of company or AOP whose return is not due to be filed because of
incorporation or formation after the 30th June, shall be included in Active Taxpayer
List.
A person’s name shall be included in ATL on the immediately following updation
date, if at any time, criteria laid down above is fulfilled by that person.
Return not filed within due date (Sec 182A)
From tax year 2018 onwards where a person fails to file a return of income by
due date such person
(i). Shall not be included in the active taxpayers list for the year for which return
was not filed. For tax year 2018 ATL will be updated on first day of March
2019.
(ii). Shall not be allowed to carry forward any loss.
The income tax law provides a complete organisational set up for levy and recovery of
income tax which are described in section 207 as under:
(a) Board
(b) Chief Commissioner Inland Revenue;
(c) Commissioner Inland Revenue;
(d) Commissioner Inland Revenue (Appeals);
(e) Officer of Inland Revenue i.e.
(i). Additional Commissioner Inland Revenue;
(ii). Deputy Commissioner Inland Revenue;
(iii). Assistant Commissioner Inland Revenue;
(iv). Inland Revenue Officer;
(v). Inland Revenue Audit Officer or any other Officer;
(vi). District taxation officer Inland Revenue
(vii). Assistant Director Audit
(f) Special Audit panel
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