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Chartered Accountants
INDEX
DESCRIPTION
INTRODUCTION
PAGE NO.
EXECUTIVE SUMMARY
24
INCOME TAX
5 62
SALES TAX
63 75
76 77
OTHER LAWS
78
CONTACT PARTNERS
79
INTRODUCTION
This Memorandum has been prepared to facilitate our clients in better understanding of the
changes made in income tax, sales tax, federal excise duty and other laws through the Finance Act,
2015. The changes have been explained in a concise manner and insignificant changes of
consequential, administrative, procedural or editorial nature have been ignored for the sake of
brevity.
Included under the heading of Income Tax Ordinance, 2001 is a dedicated portion, titled
General, which covers complete rates of income tax, schedule of filing of various periodical
statements, rates for deduction of income tax at source, filing date of income tax return,
computation of advance tax, etc. for convenience and ready reference of our clients.
The Finance Act, 2015, unless otherwise stated, has come into force on 01 July 2015.
This Memorandum may be accessed on our web-site: www.racopk.com
It is recommended that the text of the Finance Act, 2015 as published in the Official Gazette and
the relevant laws and notifications, wherever applicable should be referred to in considering the
interpretation of any provision. This Memorandum contains only general comments. Final decision
on any issue should not be taken without detailed consideration and professional advice.
This Memorandum should not be published in any manner without the consent of the firm. For
professional advice, you may contact our following tax experts:
Sarfraz Mahmood
Muhammad Arshad
Lahore Office
M. Hamid Jan
Faisalabad Office
Islamabad Office
Karachi Office
EXECUTIVE SUMMARY
Income Tax
Threshhold of paid-up capital plus undistributed reserves to fall under the ambit of small company has
been enhanced to Rupees 50 million.
One time super tax for rehabilitation of temporarily displaced persons has been imposed @ 3% on every
person, other than a banking company, having income of Rupees 500 million or more and for banking
company @ 4% without any threshold of income.
Final tax @ 10% on undistributed reserves has been imposed from tax year 2015 and onwards on every
public company other than a scheduled bank, a modaraba, an exempt electric power generation
company or a company in which 50% or more shares are held by Government. However, this tax will
not be applicable to a company which distributes either 40% of its after tax profits or 50% of its paid up
capital, whichever is less, within 6 months of the end of the tax year.
Profit on debt received by a person, other than a company, will be charged to tax at slab rates ranging
from 10% to 15%.
Tax will now also be charged @ 7.5% on capital gain on disposal of securities held for 2 years or more
but less than 4 years.
Exemption from tax or reduced rate of tax will now be allowed only by the Federal Government after
approval from Economic Coordination Committee of Cabinet under specified circumstances.
Threshold of Rupees 1 million for claim of tax credit for investment in shares and insurance has been
enhanced to Rupees 1.5 million.
A company formed for establishing and operating a new manufacturing unit between 01 July 2015 to 30
June 2018 shall be entitled to a tax credit equal to 1% of the tax payable for every 50 employees
registered with EOBI or Employees Social Security Institutions of Provincial Governments, subject to a
maximum of 10% of the tax payable.
10% tax credit on investment in purchase of plant and machinery for extension, expansion and BMR,
under section 65B has been extended for one year.
Tax credit available to companies for enlistment in stock exchange has been enhanced to 20% of tax
payable.
Income from development and sale of residential or commercial plots will now be subjected to minimum
tax @ 2% of the value of land notified for the purpose of stamp duty.
Written approval of the Commissioner will not be required if return of income is revised within 60 days
of filing of the return.
Now, return of income of every individual or a member of an association of persons (AOP), will be
accompanied by wealth statement and reconciliation of wealth statement.
Commissioner (Appeals) has been empowered to extend stay against recovery of demand for a further
period of 30 days with the condition that order on appeal will be passed within this extended period.
Tax demand created under an assessment order will be payable within 30 days of receipt of notice
instead of 15 days.
Estimates of advance tax will now be furnished on or before the due date of 2nd quarter instead of 4th
quarter.
EXECUTIVE SUMMARY
Exporters may opt out of final taxation subject to the condition that tax deducted on exports will be
treated as minimum tax.
Rate of default surcharge in case of failure to deduct tax at source and default in deposit of tax in
Government treasury has been reduced to 12% from 18%.
FBR has been empowered to form special audit panels to conduct audit or forensic audit of income tax
affairs.
From tax year 2015 and onwards, all individuals shall use CNIC as NTN.
A person not filing return within due or extended date or if tax payable is not paid with the return, will be
automatically selected for audit.
A person registered as retailer under Rule (4) of Sales Tax Special Procedure Rules, 2007 will not be
subjected to audit under sections 177 and 214C if the person remained on sales tax active taxpayers list
throughout the year. Effective date of this provision will be notified by FBR.
FBR may reward any person providing credible information in respect of concealment, fraud, corruption
or evasion of tax etc.
Advance tax @ 14% of the amount of internet bill or price of prepaid internet card shall be collected
from internet users.
Banking company shall collect advance tax @ 0.6% from non-filer at the time of sale of any instrument
or transfer of any amount if the sum total of payments exceed Rupees 50,000 in a day. However,
according to the news in print and electronic media, the Federal Government has decided to reduce rate
of withholding tax from 0.6% to 0.3% for a period of three months up to 30 September 2015 with the
condition that non-filers will file their tax returns for tax year 2015. After the expiry of 3 months period,
withholding tax @ 0.6% will be applicable if the person fails to file his return.
Pakistan Mercantile Exchange Limited (PMEX) shall collect advance tax @ 0.05% from its members on
purchase or sale of futures commodity contracts.
Rate of tax on taxable income of a company, other than a banking company, shall be 32%, 31% and
30% for the tax years 2016, 2017 and 2018 and onwards, respectively.
In case of AOP that is a professional firm prohibited from incorporating by any law or the rules of the
body regulating their profession, the 35% slab rate of tax shall be reduced to 32% for the tax year 2016
and onwards.
Minimum tax on a company, rendering or providing services, shall now be 8%, in case of filer and 12%,
in case of non-filer.
Advance tax on international air tickets will be collected @ Rupees 16,000 per person travelling in first /
executive class and @ Rupees 12,000 per person travelling in other than economy class.
Income from developmental REIT scheme shall be exempt from tax upto tax year 2020.
Profits and gains derived from manufacturing of plant, machinery etc. for generation of renewable energy
will be exempt from tax for 5 years beginning from tax year 2015.
EXECUTIVE SUMMARY
Profits and gains derived from warehousing facility for storage of agriculture produce shall be exempt for
3 years.
Profits and gains derived from operating a halal meat production unit will be exempt from tax for a
period of 4 years.
Profits and gains from industrial undertaking set up in Khyber Pukhtunkhwa and Balochistan will be
exempt from tax for a period of 5 years.
Profit and gains derived from transmission line project will be exempt from tax for 10 years.
Profits and gains from manufacturing of cellular mobile phones will be exempt from tax for 5 years.
Profits and gains derived by LNG terminal operators and terminal owners will be exempt from tax for 5
years.
SALES TAX
The concept of active taxpayers has also been introduced for the purposes of sales tax.
Amendments have been introduced in relation to the admissibility of input tax in certain cases.
Powers enjoyed by FBR to grant exemption from payment of whole or any part of the tax chargeable
under the Sales Tax Act, 1990 have been withdrawn.
New sections have been introduced in the Sales Tax Act, 1990 for the purposes of bilateral or
multilateral agreements for exchange of information, disclosure of information by a public servant, prize
schemes to promote tax culture and reward to whistleblowers.
Sales tax regime in respect of certain items has been revamped. Processed and unprocessed milk, both,
shall continue to be zero-rated. However, sales tax regime for other dairy products like flavoured milk,
yogurt, cheese etc. has been considerably changed by way of substitution into either exemption or
reduced tax rate of 10%.
Sales tax withholding has now been linked with the purchase / purchase period, irrespective of payment
in any subsequent month.
New rules for registration, de-registration, suspension and blacklisting etc. have been issued. Now, the
applicant for sales tax registration being the owner, authorized member or partner or authorized director,
as the case may be, will visit the concerned Regional Tax Office for biometric verification along with all
those documents specified under the Sales Tax Rules, 2006 for sales tax registration which have not been
submitted through computerized system.
A concept of temporary registration has been introduced for persons importing machinery for installation
at their premises. The temporary registration is meant for intending manufacturers importing machinery.
The registration will be valid for a period of 60 days.
In case the sales tax return is not filed within a period of six months after the due date, the same shall be
filed only after approval of the Commissioner Inland Revenue having jurisdiction.
FED on aerated beverages and locally produced cigarettes has been enhanced.
FED has been exempted on services provided or rendered in respect of travel by air of passengers on
socio economic routes.
Section 2
Section 2(13AA)
"Consumer goods means goods that are consumed by the end consumer rather than used in the production
of another good.
Developmental REIT Scheme
Section 2(17A)
"Developmental REIT Scheme means Developmental REIT Scheme as defined under the Real Estate
Investment Trust Regulations, 2015.
Fast moving consumer goods
Section 2(22A)
"Fast moving consumer goods means consumer goods which are supplied in retail marketing as per daily
demand of a consumer.
Imputable income
Section 2(28A)
"Imputable income in relation to an amount subject to final tax means the income which would have
resulted in the same tax, had this amount not been subject to final tax.
PMEX
Section 2(42A)
"PMEX means Pakistan Mercantile Exchange Limited a futures commodity exchange company incorporated
under the Companies Ordinance, 1984 (XLVII of 1984) and is licensed and regulated by the Securities and
Exchange Commission of Pakistan.
Rental REIT Scheme
Section 2(47C)
"Rental REIT Scheme means a Rental REIT Scheme as defined under the Real Estate Investment Trust
Regulations, 2015.
Small company
Section 2(59A)(i)
By amendment in this clause, threshold of paid up capital plus undistributed reserves to fall under the ambit
of small company has been enhanced to Rupees 50 million from Rupees 25 million.
Super tax for rehabilitation of temporarily displaced persons
New section 4B
New section 4B has been inserted to impose one time super tax for rehabilitation of temporarily displaced
persons @ 3% on income equal to or exceeding Rupees 500 million of every person other than a banking
company. In case of banking company, such tax will be imposed @ 4% of its income without any threshold
of income. The tax will be charged on income for the tax year 2015 only.
For this purpose, income shall be sum of taxable income under all heads of income including profit on debt,
dividend, capital gains, brokerage and commission and imputable income (income which would have
resulted in the same tax, had this amount not been subject to final tax). Profits and gains of insurance
New section 5A
Final tax on undistributed reserves has been imposed @ 10%, from tax year 2015 and onwards, on every
public company other than a scheduled bank or a modaraba or company deriving profits and gains from
electric power generation or company in which 50% or more shares are held by Government or a company
which distributes profit equal to either 40% of its after tax profits or 50% of its paid up capital whichever is
less within six months of the end of the tax year. This tax shall be charged if a company derives profits for the
year but does not distribute cash dividends within six months from the end of the said tax year or after such
distribution its reserves are in excess of 100% of its paid up capital. So much of its reserves as exceed 100%
of its paid-up capital shall be treated as income of the company for computation of tax @ 10%. Reserve
includes amount set aside out of revenue or surpluses excluding capital reserves, share premium reserves and
reserves required to be created under any law, rules or regulations. It is also provided that for tax year 2015,
cash dividends may be distributed before the due date of filing of return of the said tax year. This proviso is
for company cases where six months dividend distribution period has already expired or near to expire at the
time of implementation of this Finance Act. The section prescribes as under:
5A. Tax on undistributed reserves.- (1) Subject to this Ordinance, a tax shall be imposed at the rate
of ten percent, on every public company other than a scheduled bank or a modaraba, that derives
(3)
For the purpose of this section, reserve includes amounts set-aside out of revenue or other
surpluses excluding capital reserves, share premium reserves and reserves required to be created
under any law, rules or regulations.
Tax on shipping income of a resident person
Taxation of shipping business of a resident person was already governed by clause (21) of Part II of Second
Schedule. Now section 7A has been introduced in the Ordinance for this purpose and thereby the said clause
(21) has been omitted.
Tax on profit on debt
New section 7B
Tax on profit on debt shall now be imposed on every person other than a company at the slab rates ranging
from 10% to 15% of the gross amount of profit. The section states as under:
"7B. Tax on profit on debt. (1) Subject to this Ordinance, a tax shall be imposed, at the rate
specified in Division IIIA of Part I of the First Schedule, on every person other than a company who
receives a profit on debt from any person mentioned in clause (a) to (d) of sub-section (1) of section
151.
(2)
The tax imposed under sub-section (1) on a person other than a company who receives a
profit on debt shall be computed by applying the relevant rate of tax to the gross amount of the profit
on debt.
(3)
This section shall not apply to a profit on debt that is exempt from tax under this
Ordinance.
General provisions relating to taxes imposed under sections 5, 5A, 6, 7, 7A or 7B
Section 8
By virtue of amendment in this section, tax imposed on undistributed reserves under section 5A, tax on
shipping income of a resident person under section 7A and tax imposed on profit on debt under section 7B
shall also be a final tax on the amount in respect of which the tax is imposed. Moreover, such tax payable
shall not be reduced by any tax credits allowed under this Ordinance.
Sections 15A(h)
Clause (h) of sub-section (1) of this section has been substituted and thereby rent collection charges
admissible @ 6% of rent will be inclusive of any administration expenses, incurred wholly and exclusively for
the purpose of deriving rent. The substituted clause is as under:
"(h) any expenditure, not exceeding six per cent of the rent chargeable to tax in respect of the
property for the year computed before any deduction allowed under this section, paid or payable by
the person in the year wholly and exclusively for the purpose of deriving rent chargeable to tax
under the head, "Income from Property including administration and collection charges;
First year allowance
Section 23A
According to amendments in this section, plant, machinery and equipment installed by any industrial
undertaking engaged in the manufacturing of cellular mobile phones and owned and managed by a
company shall be allowed first year allowance @ 90% against the cost of the eligible depreciable assets in
lieu of initial allowance under section 23. However, it is provided that industrial undertaking engaged in
manufacturing of cellular mobile phones should be duly certified by Pakistan Telecommunication Authority
and has been set up and commercial production has been commenced between the first day of July 2015
and 30th day of June 2017.
Capital gain on sale of securities
Section 37A(1)
Capital gain arising from disposal of securities was charged to tax for the tax year 2015 at 0% if holding
period of security was twenty four months or more. Now, for tax year 2016, tax will also be charged @ 7.5%
where holding period of a security is twenty four months or more but less than four years.
Exemptions and tax concessions in Second Schedule
Section 53(2)
Powers of Federal Government, exercised by FBR under delegated authority of the Federal Government, in
respect of amendments in Second Schedule to the Ordinance have been withdrawn.
Now, such powers will be exercised by Federal Government, subject to approval of Economic Coordination
Committee of Cabinet (ECC) whenever circumstances exist to take immediate action for the purposes of
national security, natural disaster, national food security in emergency situations, protection of national
economic interests in situations arising out of abnormal fluctuation in international commodity prices,
removal of anomalies in taxes, development of backward areas and implementation of bilateral and
multilateral agreements, by notification in the official Gazette.
It has also been provided that any such notification issued after promulgation of Finance Act 2015 shall stand
rescinded on expiry of the financial year in which it was issued, if not rescinded earlier.
Tax credit for investment in shares and insurance
Section 62(2)(c)
Tax credit for investment in shares and insurance premium shall now be allowed on lesser of: (a) cost of
shares or premium paid on insurance; (b) 20% of taxable income; or (c) Rupees 1.5 million. Earlier this
amount was Rupees 1 million.
Tax credit allowed in respect of any profit or share in rent and share in appreciation for value of house paid
by the individual on loan from bank or non-banking finance institutions, etc., obtained for construction or
acquisition of house has been withdrawn by omitting section 64. However, benefit in this regard has been
provided by inserting new section 64A whereby under the same circumstances, deductible allowance not
exceeding 50% of taxable income or Rupees 1 million, whichever is lower, shall be allowed to the
individual. New section 64A states as under:
64A. Deductible allowance for profit on debt. (1) Every individual shall be entitled to a
deductible allowance for the amount of any profit or share in rent and share in appreciation for value
of house paid by the individual in a tax year on a loan by a scheduled bank or non-banking finance
institution regulated by the Securities and Exchange Commission of Pakistan or advanced by
Government or the Local Government, Provincial Government or a statutory body or a public
company listed on a registered stock exchange in Pakistan where the individual utilizes the loan for
the construction of a new house or the acquisition of a house.
(2)
The amount of an individuals deductible allowance allowed under sub-section (1) for a tax
year shall not exceed fifty percent of taxable income or one million rupees, whichever is lower.
(3)
Any allowance or part of an allowance under this section for a tax year that is not able to be
deducted for the year shall not be carried forward to a subsequent tax year.
Tax credit for employment generation by manufacturers
New tax credit has been introduced for a company if it is incorporated and its manufacturing unit is setup
between 01 July 2015 to 30 June 2018. Such tax credit will be allowed equal to one percent of tax payable
for every fifty employees registered with the Employees Old Age Benefits Institutions (EOBI) or the Employees
Social Security Institution (ESSI) of Provincial Governments during the tax year. Maximum tax credit under
this section will be allowed upto 10% of the tax payable. The tax credit will be admissible for a period of 10
years if, inter alia, the company employs more than fifty employees in a tax year registered with EOBI or ESSI.
Text of the section is as under:
64B. Tax credit for employment generation by manufacturers. (1) Where a taxpayer being a
company formed for establishing and operating a new manufacturing unit sets up a new
manufacturing unit between 1st day of July, 2015 and 30th of June, 2018, it shall be given a tax
credit for a period of ten years.
(2)
The tax credit under sub-section (1) for a tax year shall be equal to one percent of the tax
payable for every fifty employees registered with The Employees Old Age Benefits Institution or the
Employees Social Security Institutions of Provincial Governments during the tax year, subject to a
maximum of ten percent of the tax payable.
(3)
the company is incorporated and manufacturing unit is setup between the first day
of July, 2015 and 30th day of June, 2018, both days inclusive;
(b)
employs more than fifty employees in a tax year registered with The Employees Old
Age Benefits Institution and the Employees Social Security Institutions of Provincial
Governments;
(c)
(4)
Where any credit is allowed under this section and subsequently it is discovered, on the
basis of documents or otherwise, by the Commissioner that any of the conditions specified in this
section were not fulfilled, the credit originally allowed shall be deemed to have been wrongly
allowed and the Commissioner may, notwithstanding anything contained in this Ordinance, recompute the tax payable by the taxpayer for the relevant year and the provisions of this Ordinance
shall, so far as may be, apply accordingly.
(5)
For the purposes of this section a manufacturing unit shall be treated to have been setup on
the date on which the manufacturing unit is ready to go into production, whether trial production or
commercial production.
Miscellaneous provisions relating to tax credits
Section 65(6)
By inserting new sub-section (6) in this section, the anomaly of disallowance of tax credit against tax
deducted under final tax regime and minimum tax has been removed. Sections 65B Tax credit for
investment, 65D Tax credit for newly established industrial undertakings and 65E Tax credit for industrial
undertakings established before the first day of July 2011 were already amended by Finance Act, 2012 and
such credits were made admissible against tax payable on account of minimum tax and final tax under any
provisions of the Ordinance. This sub-section has also provided that condition for charge of minimum tax
under clause (d) of sub-section (1) of section 113 shall not apply to persons entitled to tax credit under the
aforementioned sections 65B, 65D and 65E.
Tax credit for investment
Section 65B(2)
Tax credit equal to 10% of investment in purchase of plant and machinery, made for the purposes of BMR,
extension and expansion at any time between the first day of July 2010 and 30th day of June 2015, was
allowed by Finance Act, 2010. Now, by amendment in sub-section (2) of this section, such tax credit will be
allowed for a further period of one year if such investment is made up to 30th day of June 2016.
Tax credit for enlistment
Section 65C(1)
Tax credit admissible to companies opting for enlistment in any registered stock exchange in Pakistan has
been enhanced from 15% to 20% of tax payable for the tax year of enlistment.
Tax credit for industrial undertakings established before the first day of July 2011
Section 65E(5)
By amending sub-section (5) of this section, it has been clarified that tax credit under this section will be
admissible for a period of five years beginning from the date of setting up or commencement of commercial
production from the new plant or expansion project, whichever is latter.
Principles of taxation of companies
Section 94
Under the provisions of section 5, tax on dividend is imposed on every person who receives dividend from a
company. The word resident, appearing before company in section 5 was omitted by Finance Act, 2003,
but the corresponding amendment was not incorporated in sub-section (2) of section 94. Now the anomaly
has been removed and thereby provisions of sub-section (2) of section 94 have been brought in line with
section 5, after 12 years. However, similar amendment is still needed in sub-section (3) of this section to
remove conflict between both sections 5 and 94.
Sub-section (1) of this section has been substituted and new sub-sections (1A) and (1B) have been inserted in
this section for the purposes of exchanging financial information including automatic exchange of
information with respect to taxes imposed under the Ordinance or any other law for the time being in force
and under corresponding law in force in foreign country. Substituted sub-section (1) and new sub-sections
(1A) and (1B) are as under:
(1) The Federal Government may enter into an agreement, bilateral or multilateral with the
government or governments of foreign countries or tax jurisdictions for the avoidance of double
taxation and the prevention of fiscal evasion and exchange of information including automatic
exchange of information with respect to taxes on income imposed under this Ordinance or any other
law for the time being in force and under the corresponding laws in force in that country, and may,
by notification in the official Gazette make such provisions as may be necessary for implementing
the agreement.
(1A) Notwithstanding anything contained in any other law to the contrary, the Board shall have the
powers to obtain and collect information when solicited by another country under a tax treaty, a tax
information exchange agreement, a multilateral convention, an inter-governmental agreement, a
similar arrangement or mechanism.
(1B) Notwithstanding the provisions of the Freedom of Information Ordinance, 2002 (XCVI of 2002),
any information received or supplied, and any concomitant communication or correspondence
made, under a tax treaty, a tax information exchange agreement, a multilateral convention, a similar
arrangement or mechanism, shall be confidential subject to subsection (3) of section 216.
Minimum tax on builders
Section 113A(3)
Application of minimum tax on income of builders from sale of residential, commercial or other building has
been deferred till 30 June 2018. This section was introduced through Finance Act, 2013, with minimum tax
rates to be notified by Federal Government in the official Gazette. However, no such notification was issued
so far and now by inserting new sub-section (3), this section shall have not effect till 30 June 2018.
Minimum tax on land developers
Section 113B
Minimum tax on persons deriving income from the business of development and sale of residential,
commercial or other plots has been imposed @ 2% of the value of land notified by any authority for the
purpose of stamp duty. This section was introduced through Finance Act, 2013, but rate of minimum tax was
not notified by the Federal Government in official Gazette so far.
Alternative corporate tax
Section 113C
Provisions of section 113C relating to Alternative Corporate Tax (ACT) have been clarified. ACT is now
applicable on company in respect of income subject to tax at corporate rate as provided in Division II of Part
I of the First Schedule, if such tax or minimum tax payable under any provisions of the Ordinance is less than
17% of accounting income. Income subject to tax under final tax regime or separate block of income are not
subject to ACT.
Section 114
After sub-section (6) of this section, new proviso has been added whereby written approval of Commissioner
shall not be required if the return of income is revised within 60 days of furnishing of return. However, other
conditions mentioned in sub-section (6) shall remain applicable.
It has further been provided that if the Commissioner fails to grant approval in writing within 60 days from
the date when revision of return was sought, the approval shall be deemed to have been granted by the
Commissioner. Mode and manner of seeking the revision shall be prescribed by FBR.
Method of furnishing returns and other documents
Section 118(2A)
According to provisions of sub-section (2A) of this section, the taxpayer having salary income of Rupees
500,000 or more in a tax year is obliged to file his return of income electronically accompanied by proof of
deduction / payment of tax and wealth statement. Now, the FBR has been empowered to amend the
aforementioned condition or direct that the said condition shall not apply for a tax year.
Best judgment assessment
Section 121(1)(d)
Where a person fails to produce the information required for audit under section 177 before inter alia, a
special audit panel appointed under sub-section (11) of section 177, the Commissioner may make best
judgment assessment of the taxable income on the basis of available information and material.
Procedure in appeal
Section 128(1AA)
The Commissioner (Appeals) has now been empowered to stay the recovery of tax demand for further period
of thirty days with the condition to pass order on appeal within the said period of 30 days. Under the
prevailing sub-section (1A), stay against recovery of tax demand was granted for a period not exceeding 30
days in aggregate without any condition of passing the appellate order. Now by inserting new sub-section
(1AA) in this section, the Commissioner (Appeals) may extend stay for further period of 30 days and will pass
appellate order within the extended period of 30 days.
Due date for payment of tax
Section 137(2)
Now, tax demand created under an assessment order or an amended assessment order, if payable, shall be
paid within thirty days from the date of service of notice. Earlier such tax demand was required to be paid
within fifteen days from receipt of notice under this section. However, practically such tax demand, in some
cases is recovered through banks of the taxpayer even before expiry of 15 days and without serving notice
under section 138(1).
On the other hand, period of tax payable as a result of provisional assessment order under section 122C has
been curtailed from 60 days to 45 days from the date of service of notice.
Advance tax paid by the tax payer
Section 147(4A)
Estimate of advance tax in case of company or association of persons, shall now be furnished at any time
before the second installment of advance tax is due if the tax payable is likely to be more than the amount
required to pay on turnover basis. By virtue of substitution in sub-section (4A), 50% of such estimated
advance tax will be paid by the due date of second quarter and the remaining 50% will be paid in two equal
installments by the due date of third and fourth quarter of the tax year.
Imports
By omitting sub-section (2) of this section, power of FBR to grant exemption through SROs in respect of
collection of tax on import of any goods or class of goods or persons or class of persons importing such
goods or class of goods, has been withdrawn. However, new sub-section (2A) has been inserted and thereby
notifications / SROs already issued under the omitted sub-section (2) shall continue to remain in force unless
rescinded by FBR.
Tax on local purchases of cooking oil or vegetable ghee by certain
persons
Manufacturers of cooking oil or vegetable ghee or both are chargeable to tax at reduced rate of 2% on
purchase price of locally produced edible oil under clause (13C) of Part II of Second Schedule. The same
provisions will now be governed under newly inserted section 148A and such tax payable will be final tax in
respect of income accruing from locally produced edible oil. Accordingly the said clause (13C) has been
omitted.
Profit on debt
Section 151(3)
According to substituted sub-section (3) of section 151, tax deductable under this section shall be final tax on
the profit on debt arising to a taxpayer except where:
(a) taxpayer is a company; or
(b) profit on debt is taxable under section 7B.
Payments to non residents
Section 152(4A)
New sub-section (4A) has been inserted in this section which empowers the Commissioner to issue order in
writing on application made by permanent establishment in Pakistan of a non-resident person for payment
without deduction of tax or deduction of tax at reduced rate, in cases where the tax so deductable is
adjustable against tax liability.
Payments for goods, services and contracts
By inserting new proviso (d) in sub-section (3) of this section, tax deducted on payments in respect of
contract signed by a sportsperson has been included in final tax regime retrospectively effective from tax year
2013.
Exports
Section 154(5)
New option has been introduced for exporters to opt out of final taxation subject to the condition that tax so
deducted will be treated as minimum tax instead of final tax and option will be exercised at the time of filing
of return of income under normal tax regime. For this purpose, new sub-section (5) has been inserted in this
section as under:
"(5) The provisions of sub-section (4) shall not apply to a person who opts not to be subject to final
taxation:
Provided that this sub-section shall be applicable from tax year 2015 and the option shall be
exercised every year at the time of filing of return under section 114:
Provided further that the tax deducted under this sub-section shall be minimum tax.
Section 158(c)
Clause (b) of this section states that a person is required to deduct tax from an amount at the time the amount
is actually paid. Now, by inserting new clause (c) after this clause, amount actually paid shall have the
meaning as may be prescribed. However, it is not mentioned that who is authorized to so prescribe.
Exemption or lower rate certificate
Section 159(6)
Notifications / SROs issued under the omitted sub-sections (3), (4) and (5) and for the time being in force
shall continue to remain in force unless rescinded by the FBR through notification in the official Gazette.
Failure to pay tax collected or deducted and default surcharge
Rate of default surcharge has been reduced from 18% to 12% in case of failure to collect or deduct tax at
source or default in payment of tax collected or deducted into the Government treasury by the withholding
agent.
Furnishing of information by financial institutions including banks
Every financial institution shall now be liable to make arrangements to provide information regarding nonresident persons to the FBR for the purpose of automatic exchange of information under bilateral agreement
or multilateral convention. For this purpose following new section 165B has been inserted in the statute:
165B. Furnishing of information by financial institutions including banks. (1) Notwithstanding
anything contained in any law for the time being in force including but not limited to the Banking
Companies Ordinance, 1962 (LVII of 1962), the Protection of Economic Reforms Act, 1992 (XII of
1992), the Foreign Exchange Regulation Act, 1947 (VII of 1947) and any regulations made under the
State Bank of Pakistan Act, 1956 (XXXIII of 1956), on the subject every financial institution shall
make arrangements to provide information regarding non-resident Persons to the Board in the
prescribed form and manner for the purpose of automatic exchange of information under bilateral
agreement or multilateral convention.
(2)
Subject to section 216, all information received under this section shall be used only for tax
and related purposes and kept confidential.
Additional payment for delayed refund
Section 171(1)
Additional payment for delayed refund will now be made at the rate of KIBOR + 0.5% instead of 15% per
annum.
Notice to obtain information or evidence
Clause (a) of sub-section (1) of this section has been substituted whereby any person will be required to
furnish to the Commissioner or an authorized officer, any information relevant to any tax leviable under this
Ordinance or to fulfill any obligation under any agreement with the foreign governments or tax jurisdiction
as specified in the notice.
Moreover, by inserting new sub-section (1A) in this section, the special audit panel appointed for any tax
year may be allowed by the concerned Commissioner to enter into the business premises of a taxpayer to
obtain / examine any information / record. Such panel, if specifically delegated by the Commissioner may
also exercise the powers as are vested in a Court under the Code of Civil Procedure, 1908 in respect of some
specified matters.
Section 177
FBR has been empowered to appoint as many special audit panels as may be necessary for conducting audit
including a forensic audit of income tax affairs of any person or classes of persons. Formation and scope of
such audit panels will be governed by following new sub-sections inserted in this section:
(11)
The Board may appoint as many special audit panels as may be necessary, comprising two
or more members from the following:(a)
(b)
a firm of Chartered Accountants as defined under the Chartered Accountants Ordinance,
1961 (X of 1961);
(c)
a firm of Cost and Management Accountants as defined under the Cost and Management
Accountants Act, 1966 (XIV of 1966); or
(d)
any other person as directed by the Board,
to conduct an audit, including a forensic audit, of the income tax affairs of any person or classes of
persons and the scope of such audit shall be as determined by the Board or the Commissioner on
case to case basis.
(12)
Special audit panel shall be headed by a Chairman who shall be an officer of Inland
Revenue.
(13)
Powers under sections 175 and 176 for the purposes of conducting an audit under subsection (11), shall only be exercised by an officer or officers of Inland Revenue, who are member or
members of the special audit panel, and authorized by the Commissioner.
(14)
Notwithstanding anything contained in sub-sections (2) and (6), where a person fails to
produce before the Commissioner or a special audit panel under sub-section (11) to conduct an
audit, any accounts, documents and records, required to be maintained under section 174 or any
other relevant document, electronically kept record, electronic machine or any other evidence that
may be required by the Commissioner or the panel, the Commissioner may proceed to make best
judgment assessment under section 121 of this Ordinance and the assessment treated to have been
made on the basis of return or revised return filed by the taxpayer shall be of no legal effect.
(15)
If any one member of the special audit panel, other than the Chairman, is absent from
conducting an audit, the proceedings of the audit may continue, and the audit conducted by the
special audit panel shall not be invalid or be called in question merely on the ground of such
absence.
(16)
Functions performed by an officer or officers of Inland Revenue as members of the special
audit Panel, for conducting audit, shall be treated to have been performed by special audit panel.
(17)
The Board may prescribe the mode and manner of constitution, procedure and working of
the special audit panel.
Taxpayers registration
Section 181(4)
National Tax Number (NTN) has been replaced with Computerized National Identity Card (CNIC) issued by
National Database and Registration Authority (NADRA). From tax year 2015 and onwards, all individuals
shall use CNIC as NTN.
Section 182
Minimum penalty of Rupees 50,000 in case any person fails to furnish a statement under section 115, final
taxation, section 165, periodical withholding tax statements or section 165A, furnishing of information by
banks, within the due date has been reduced to Rupees 10,000.
Moreover, penalty @ 0.1% of taxable income per week or Rupees 20,000 whichever is higher shall be paid
by any person who fails to furnish wealth statement or wealth reconciliation statement.
Prosecution for making false or misleading statements
Section 195(3)
Penalty of Rupees 25,000 or 100% of the amount of tax shortfall whichever is higher, shall be paid by any
person who makes a false or misleading statement to an Inland Revenue Officer either in writing or orally or
electronically in respect of furnishing of return of income u/s 114, statement of final taxation u/s 115, wealth
statement u/s 116, maintaining of record u/s 174, information in respect audit of the tax affairs or general
information u/s 176 or 177 of the Ordinance.
Power or function exercised and delegation
Sub-section (1B) of this section has been reworded to include special audit panel for the purpose of
delegation of powers or functions by the Commissioner to conduct audit. Substituted sub-section (1B) is as
under:
"(1B) The Commissioner may, by an order in writing, delegate to a special audit panel appointed
under sub-section (11) of section 177, or to a firm of chartered accountants or a firm of Cost and
Management Accountants appointed by the Board or the Commissioner to conduct an audit of
person under section 177, all or any of the powers or functions to conduct an audit under this
Ordinance.
Moreover, such powers or functions delegated by the Commissioner to special audit panel shall be treated as
having been exercised or performed by the Commissioner.
Automatic selection of audit
A person shall automatically be selected for audit of income tax affairs for a tax year if he fails to fulfill
certain parameters as provided in the following new section 214D:
214D. Automatic selection for audit.(1) A person shall be automatically selected for audit of its
income tax affairs for a tax year, if
(a) the return is not filed within the date it is required to be filed as specified in section 118, or,
as the case may be, not filed within the time extended by the Board under section 214A or
further extended for a period not exceeding thirty days by the Commissioner under section
119; or
(b) the tax payable under sub-section (1) of section 137 has not been paid.
Concept of reward to whistleblowers has been introduced whereby the FBR has been empowered to allow
reward to any person providing credible information leading to detection of tax in cases of concealment,
fraud, corruptions or evasion of tax etc. For this purpose, following new section 227B has been introduced:
227B. Reward to whistleblowers. (1) The Board may sanction reward to whistleblowers in cases of
concealment or evasion of income tax, fraud, corruption or misconduct providing credible information
leading to such detection of tax.
(2) The Board may, by notification in the official Gazette, prescribe the procedure in this behalf and also
specify the apportionment of reward sanctioned under this section for whistleblowers.
(3) The claim for reward by the whistleblower shall be rejected if
(a)
(b)
(c)
(d)
Following new sub-section (6) has been inserted to provide definition of date of first registration for the
purpose of collection of advance tax under this section:
"(6)
For the purposes of this section the expression "date of first registration means(a)
the date of issuance of broad arrow number in case a vehicle is acquired from the Armed
Forces of Pakistan;
(b)
the date of registration by the Ministry of Foreign Affairs in case the vehicle is acquired from
a foreign diplomat or a diplomatic mission in Pakistan;
(c)
the last day of the year of manufacture in case of acquisition of an unregistered vehicle from
the Federal or a Provincial Government; and
(d)
in all other cases the date of first registration by the Excise and Taxation Department.
Moreover, new sub-section (7) of this section also clarifies that for the purpose of this section and section
234, motor vehicle includes car, jeep, van, sports utility vehicle, pick-up trucks for private use, carvan
automobile, limousine, wagon and any other automobile used for private purpose.
Telephone and internet users
Section 236
Advance tax @ 14% of the amount of internet bill of a subscriber or sale price of internet prepaid card shall
also be collected from internet users.
Advance tax on purchase of air tickets
Section 236B
Exemption on collection of advance tax on purchase of domestic air ticket of Baluchistan coastal belt, Azad
Jammu and Kashmir, FATA, Gilgit-Baltistan and Chitral routes has been provided by adding a proviso after
sub-section (1) of this section.
Advance tax on sales to retailers
Section 236H
Collection of advance tax from the retailers at the time of sale of fertilizer to them by manufacturer,
distributor, dealer, wholesaler or commercial importer has been exempted. Moreover, every distributor or
dealer will now collect advance tax on sales to another wholesaler in respect of the specified sectors at the
specified rate.
Collection of advance tax by educational institutions
Clause 89 of Part IV of Second Schedule providing exemption from collection of advance tax under this
section, to certain persons including non-residents has been omitted. Now, by relocating sub-clause (d) of
clause 89 as new sub-section (6) in this section, such exemption will remain available inter alia, to the
person who is non-resident and:
(i)
furnishes copy of passport as an evidence to the educational institution that during previous
tax year, his stay in Pakistan was less than one hundred eighty-three days;
(ii)
(iii)
the fee is remitted directly from abroad through normal banking channels to the bank
account of the educational institution.
According to sub-section (4), provisions in respect of collection of advance tax on purchase or transfer of
immovable property are not applicable to a scheme introduced by the Federal or a Provincial Government
or an Authority established under Federal or Provincial law for expatriate Pakistanis. Now, it is provided that
such exemption will be available if payment by expatriate Pakistanis is made in the foreign exchange
remitted from outside Pakistan through normal banking channels.
Advance tax under Chapter XII
Section 236O
Exemption from collection of advance tax already available under various sections of Chapter XII
Transitional Advance Tax Provisions or under certain clauses of Second Schedule has been consolidated in
new section 236O by stating as under:
236O. Advance tax under this chapter.- The advance tax under this chapter shall not be collected in the
case of withdrawals made by(a)
(b)
(c)
a person who produces a certificate from the Commissioner that his income during the tax
year is exempt.
Following new sections have been inserted in Chapter XII for collection of advance tax on banking
transactions otherwise than through cash, payments to residents for use of machinery and equipment,
education related expenses remitted abroad, payment of dividend in specie and collection of tax by Pakistan
Mercantile Exchange Limited (PMEX) from its members on sale / purchase of futures commodity contracts,
etc. Provisions contained in each section are as under:
236P. Advance tax on banking transactions otherwise than through cash. (1) Every banking company
shall collect advance adjustable tax from a non-filer at the time of sale of any instrument, including
demand draft, pay order, special deposit receipt, cash deposit receipt, short term deposit receipt, call
deposit receipt, rupee travellers cheque or any other instrument of such nature.
(2) Every banking company shall collect advance adjustable tax from a non-filer at the time of transfer of
any sum through cheque or clearing, interbank or intra bank transfers through cheques, online transfer,
telegraphic transfer, mail transfer, direct debit, payments through internet, payments through mobile
phones, account to account funds transfer, third party account to account funds transfers, real time
account to account funds transfer, real time third party account to account fund transfer, automated teller
machine (ATM) transfers, or any other mode of electronic or paper based funds transfer.
(3) The advance tax under this section shall be collected at the rate specified in Division XXI of Part IV
of the First Schedule, where the sum total of payments for all transactions mentioned in sub-section (1) or
subsection (2), as the case may be, exceed fifty thousand rupees in a day.
(4) Advance tax under this section shall not be collected in the case of Pakistan Realtime Interbank
Settlement Mechanism (PRISM) transactions or payments made for Federal, Provincial or local
Government taxes.
[However, according to the news in print and electronic media, the Federal Government has decided to
reduce rate of withholding tax from 0.6% to 0.3% for a period of three months up to 30 September 2015
with the condition that non-filers will file their tax returns for tax year 2015. After the expiry of 3 months
period, withholding tax @ 0.6% will be applicable if the person fails to file his return.]
236R. Collection of advance tax on education related expenses remitted abroad. (1) There shall be
collected advance tax at the rate specified in Division XXIV of Part-IV of the First Schedule on the
amount of education related expenses remitted abroad.
(2)
Banks, financial institutions, foreign exchange companies or any other person responsible
for remitting foreign currency abroad shall collect advance tax from the payer of education related
expenses.
(3)
Tax collected under this section shall be adjustable against the income of the person
remitting payment of education related expenses.
(4)
For the purpose of this section, "education related expenses includes tuition fee, boarding
and lodging expenses, any payment for distant learning to any institution or university in a foreign
country and any other expense related or attributable to foreign education.
236S. Dividend in specie. - Every person making payment of dividend-in specie shall collect tax
from the gross amount of the dividend in specie paid at the rate specified in Division I of Part III of
the First Schedule.
236T. Collection of tax by Pakistan Mercantile Exchange Limited (PMEX). (1) Pakistan Mercantile
Exchange Limited (PMEX) shall collect advance tax
(a) at the rates specified in Division XXII of Part IV of First Schedule from its members on
purchase of futures commodity contracts;
(b) at the rates specified in Division XXII of Part IV of First Schedule from its members on sale of
futures commodity contracts; and
(2)
The tax collected under clauses (a) and (b) of sub-section (1) shall be an adjustable tax.
Clause (1)
Rates of tax imposed on taxable income of individuals and association of persons except salaried taxpayers
are as under:
S.No.
Taxable Income
Rate of tax
1.
0%
2.
7% of the
400,000
3.
4.
5.
6.
7.
8.
amount
exceeding Rs.
Provided that in the case of an association of persons that is a professional firm prohibited from incorporating
by any law or the rules of the body regulating their profession, the 35% rate of tax mentioned against serial
No. 8 of the table shall be 32% for tax year 2016 and onwards.
Salaried individuals, where income from salary exceeds 50% of taxable income:
S. No.
Clause (1A)
Taxable Income
Rate of tax
1.
0%
2.
3.
4.
Taxable Income
Rate of tax
5.
6.
7.
8.
9.
10
11
12
Rate of tax
Banking Company
Person, other than a banking company, having income
equal to or exceeding Rs. 500 million
4%
3%
Super tax shall be charged on income for the tax year 2015 only.
Division III Rate of Dividend Tax
The rate of tax imposed under section 5 on dividend received from a company shall be:
(a) 7.5% in the case of dividends declared or distributed by purchaser of a power project privatized by
WAPDA or on shares of a company set up for power generation or on shares of a company, Supplying
coal exclusively to power generation projects.
(b) 12.5% in cases other than mentioned in clauses (a) and (c).
(c) 10% in case of dividend received by a person from a mutual fund.
Rate of tax
10%
Rate of tax
Tax year 2015
12.5%
15%
10%
12.5%
0%
7.5%
0%
0%
However, 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
Rate
Stock Fund
Other Fund
10%
10%
10%
25%
Persons
Filer
Non-Filer
1% of import
value as increased
by customs-duty,
sales
tax
and
federal
excise
duty
1.5% of import
value as increased
by customs-duty,
sales
tax
and
federal excise duty
2% of import
value as increased
by customs-duty,
sales
tax
and
federal
excise
duty
3% of import
value as increased
by customs-duty,
sales
tax
and
federal
excise
duty
4.5%
5.5%
5.5%
6%
3%
of
import
value as increased
by customs-duty,
sales
tax
and
federal excise duty
(i)
4
5
6
7
4.5% of import
value as increased
by customs-duty,
sales
tax
and
federal excise duty
6.5%
8%
8%
9%
7.5% in the case of dividends declared or distributed by purchaser of a power project privatized by
WAPDA or on shares of a company set up for power generation or on shares of a company, supplying
coal exclusively to power generation projects;
(b)
(c)
10%
10%
10%
Provided further that in case of a stock fund if dividend receipts of the fund are less than capital gains,
the rate of tax deduction shall be 12.5%
Provided further that, if a developmental REIT scheme with the object of development and
construction of residential buildings is set up by 30th day of June 2018, rate of tax on dividend received
by a person from such developmental REIT scheme shall be reduced by 50% for 3 years from 30th day
of June 2018.
Division IA Profit on Debt
The rate of tax to be deducted under section 151 shall be 10% of the yield or profit for filers and 17.5% of
the yield or profit paid, for non-filers:
Provided that for a non-filer, if the yield or profit paid is Rupees 500,000 or less, the rate shall be 10%.
Division II Payment to Non-Residents
Amended tax rates in respect of payments to non-resident person under section 152 are as under:
Description
Corporate
Filer
Non-filer
Non-Corporate
Filer
Non-filer
4%
6%
4.5%
6.5%
8%
12%
10%
15%
7%
10%
7.5%
10%
However, in case of execution of contract with sportsperson, tax will be deducted @ 10% of the gross
amount.
Division III Payments for Goods or Services
Amended tax rates in respect of payments for goods, services and contracts under section 153 are as under:
(1) Sale of goods [Section 153(1)(a)]:
(i) 4% of the gross amount payable, if the company is a filer and 6% if the company is a non-filer.
b) In case of a non-filer, 12% of the gross amount payable, if the non-filer is a company
and 15% if the non-filer is other than a company.
(3) Execution of contract [Section 153(1)(c)]:
(i) 10% of the gross amount payable in the case of sportspersons.
(ii) 7% of the gross amount payable, if the company is a filer and 10% if the company is a non-filer.
(iii) In any other case, 7.5% of the gross amount payable if the person is a filer and 10% if the person
is a non-filer.
Division VIA Petroleum Products
Rate of collection of tax under section 156A by every person selling petroleum products to petrol pump
operators shall be 12% of the amount of payment in case of filers and 15% of the amount of payment in case
of non-filers.
Part IV Deduction or Collection of Advance Tax
Division II Brokerage and Commission
The rate of collection of tax on brokerage and commission under section 233(1) shall be as under:
i.
In case of filers:a) 10% of the amount of the payment, in case of advertising agents.
b) 12% of the amount in all other cases.
ii.
(1)
As per revised rates, tax under section 234, in case of goods transport vehicles, tax of Rupees 2.50
per kilogram of the laden weight shall be charged for filer and Rupees 4 per kilogram of the laden weight for
non-filer.
(2)
Revised rates for collection of tax on passenger transport vehicles plying for hire on the basis of
registered seating capacity which are as under:
S. No.
(i)
(ii)
(iii)
Seating capacity
50
100
300
100
200
500
(3)
Revised rates of collection of tax under section 234 in case of other private motor vehicles shall be
as follows:
S. No.
1
2
3
4
5
6
7
Engine capacity
upto 1000cc
1001cc to 1199cc
1200cc to 1299cc
1300cc to 1499cc
1500cc to 1599cc
1600cc to 1999cc
2000cc and above
Filer
Non-filer
Rupees
800
1,500
1,750
2,500
3,750
4,500
10,000
Rupees
1,200
4,000
5,000
7,500
12,000
15,000
30,000
1.
2.
3.
4.
5.
6.
7.
8.
9.
Engine Capacity
Upto 850cc
851cc to 1000cc
1001cc to 1300cc
1301cc to 1600cc
1601cc to 1800cc
1801cc to 2000cc
2001cc to 2500cc
2501cc to 3000cc
Above 3000cc
Filer
Rupees
Non-filer
Rupees
10,000
20,000
30,000
50,000
75,000
100,000
150,000
200,000
250,000
10,000
25,000
40,000
100,000
150,000
200,000
300,000
400,000
450,000
1.
2.
3.
4.
5.
6.
7.
8.
9.
Engine Capacity
Upto 850cc
851cc to 1000cc
1001cc to 1300cc
1301cc to 1600cc
1601cc to 1800cc
1801cc to 2000cc
2001cc to 2500cc
2501cc to 3000cc
Above 3000cc
Filer
Rupees
Non-filer
Rupees
5,000
7,500
12,500
18,750
25,000
37,500
50,000
62,500
5,000
15,000
25,000
65,000
100,000
135,000
200,000
270,000
300,000
Provided that the rate of tax to be collected on transfer of registration of a private motor vehicle shall be
reduced by 10% each year from the date of first registration in Pakistan.
Division XIV Advance Tax on Sale to Distributors, Dealers or Wholesalers
Advance tax from distributors, dealers or wholesalers under section 236G shall be collected at following
rates:
Category of Sale
Filer
0.7%
0.1%
Fertilizers
Other than fertilizers
Rate of Tax
Non-filer
1.4%
0.2%
Type of Ticket
First / Executive Class
Other than economy
Economy
Rupees
16,000 per person
12,000 per person
-
Division XXI Advance Tax on Banking Transactions Otherwise than Through Cash
The rate of tax to be collected under section 236P shall be 0.6% of the transaction for non-filers, where the
sum total of payments for all transactions otherwise than through cash, exceeds Rupees 50,000 in a day.
Clause (20)
Exemption available in respect of any income received by a person from an annuity issued under the
Pakistan Postal Annuity Certificate Scheme on or after the 27 July 1977, not exceeding Rupees 10,000 per
annum, has been withdrawn.
Exemption to Punjab General Provident Investment Fund
Clause (57)
Exemption has been provided to Punjab General Provident Investment Fund established under the Punjab
General Provident Fund Act, 2009 (V of 2009) and the trust established thereunder.
Donations to The Indus Hospital, Karachi
Donations to and any income derived by the The Indus Hospital, Karachi have been exempted from tax by
inserting the new sub-clause (xliv) in clause (61) and sub-clause (xxxiii) in clause (66).
Sale of immovable property to Developmental REIT Scheme
Clause (99A)
Profit and gains accruing to a person on sale of immovable property to a REIT scheme is exempt from tax
upto 30 June 2015. However, by adding proviso, the profit and gains on sale of immoveable property to a
Developmental REIT Scheme with the objective of development and construction of residential buildings
have been exempted up to 30 June 2020.
Exemption to inter-corporate dividend
Clause (103A)
By amendment in clause (103A), exemption to any income derived from inter-corporate dividend within the
group companies entitled to group taxation under section 59AA or section 59B has been subjected to the
condition that return of the group has been filed for the tax year.
Income from sale of certain shares
Clause (113)
Exemption provided to capital gain on sale of shares of a public company set up in any Special Industrial
Zone, has been withdrawn.
Clause (126A)
By substitution of this clause, exemption on income derived by China Overseas Ports Holding Company
Limited from Gwader Port operations has been extended from twenty years to twenty three years effective
from 6 February 2007.
Profit and gain derived by taxpayer located in certain affected areas
Clause (126F)
Exemption was provided to the profit and gains derived by a taxpayer located in the most affected and
moderately affected areas of Khyber Pakhtunkhwa, FATA and PATA, for a period of three years starting from
tax year 2010. Now this clause being redundant has been omitted.
Exemptions under certain new clauses:
Following new clauses from (126I) to (126N) have been inserted and thereby profits and gains of certain
taxpayers shall be exempt from tax, with conditions specified therein:
(126I) Profits and gains derived by a taxpayer, from an industrial undertaking set up by 31st day of
December, 2016 and engaged in the manufacture of plant, machinery, equipment and items with dedicated
use (no multiple uses) for generation of renewable energy from sources like solar and wind, for a period of
five years beginning from first day of July, 2015.
(126J) Profits and gains derived by a taxpayer, from an industrial undertaking set up between 1st day of July,
2015 and 30th day of June, 2016 engaged in operating warehousing or cold chain facilities for storage of
agriculture produce for a period of three years beginning with the month in which the industrial undertaking
is set up or commercial operations are commenced, whichever is later.
(126K) Profits and gains derived by a taxpayer, from an industrial undertaking set up between the 1st day of
July, 2015 and the 30th day of June, 2017 for establishing and operating a halal meat production unit, for a
period of four years beginning with the month in which the industrial undertaking commences commercial
production. The exemption under this clause shall apply if the industrial undertaking is
(a) owned and managed by a company formed for operating the said halal meat production unit and
registered under the Companies Ordinance, 1984 (XLVII of 1984), and having its registered office in
Pakistan;
(b) not formed by the splitting up, or the re construction or re constitution, of a business already in
existence or by transfer to a new business of any machinery or plant used in a business which was
being carried on in Pakistan at any time before the commencement of the new business; and
(c) halal meat production unit is established and obtains a halal certification within the period between
the first day of July, 2015 and the 30th day of June, 2017.
(126L) Profits and gains derived by a taxpayer, from an industrial undertaking set up in the provinces of
Khyber Pukhtunkhwa and Balochistan between 1st day of July, 2015 and 30th day of June, 2018 for a period
of five years beginning with the month in which the industrial undertaking is set up or commercial
production is commenced, whichever is later:
Provided that exemption under this clause shall be admissible where
a.
The industrial undertaking is setup between the first day of July, 2015 and 30th day of June, 2018, both
days inclusive; and
b. The industrial undertaking is not established by the splitting up or reconstruction or reconstitution of an
undertaking already in existence or by transfer of machinery or plant from an undertaking established in
Pakistan at any time before 1st July 2015.
owned and managed by a company formed for operating the said project and registered under the
Companies Ordinance, 1984 (XLVII of 1984), and having its registered office in Pakistan;
b. Not formed by the splitting up, or the reconstruction or reconstitution, of a business already in existence
or by transfer to a new business of any machinery or plant used in a business which was being carried on
in Pakistan at any time before the commencement of the new business; and
c.
Owned by a company fifty per cent of whose shares are not held by the Federal Government or
Provincial Government or a Local Government or which is not controlled by the Federal Government or
a Provincial Government or a Local Government:
Provided that the exemption under this clause shall not apply to projects set up on or after the thirtieth day of
June, 2018.
(126N) Profits and gains derived by a taxpayer from an industrial undertaking, duly certified by the Pakistan
Telecommunication Authority, engaged in the manufacturing of cellular mobile phones, for a period of five
years, from the month of commencement of commercial production.
Provided that the industrial undertaking has been set up and commercial production has commenced
between the first day of July, 2015 and the thirtieth day of June, 2017 and the industrial undertaking is not
formed by the splitting up, or the reconstruction or reconstitution, of a business already in existence or by
transfer to a new business of any machinery or plant used in a business which was being carried on in
Pakistan.
Exemption to LNG Terminal Operators and Terminal Owners
Clause (141)
Exemption has been provided on profit and gain derived by LNG terminal operators and terminal owners for
a period of five years beginning from the date when commercial operations are commenced.
Exemption to income of social security contribution
Clause (142)
By inserting this new clause, income from social security contributions derived by Balochistan employees
social security institution, employees social security institution Khyber Pakhtunkhwa, Punjab employees
social security institution and Sindh employees social security institution shall be exempt from tax. However,
all incomes other than income from social security contributions would remain taxable.
Part II Reduction in Tax Rates
The provisions of clauses (13C), (14), (14A), (14B) and (21) being relocated in respective places of the
Ordinance and accordingly have been omitted from this part of Second Schedule.
Cash Withdrawal by Exchange Company
Clause (28B)
Withholding tax at reduced rate of 0.15% shall be applicable on cash withdrawals by exchange companies
subject to the conditions specified in following new clause (28B). As a consequence, clause (61A) of Part IV
has been omitted.
Clause (16)
Provisions regarding reduced penalty of Rupees 10,000 for failure to furnish statement under section 115,
165 or 165A has been incorporated in sub-section (1) of section 182 and accordingly this clause stands
omitted.
Part IV Exemption from Specific Provisions
Minimum Tax under section 113
Clause (11A)
Following new sub-clauses has been inserted in this clause to provide exemption from charge of minimum
tax under section 113:
xviii)
Companies, qualifying for exemption under clause (132B) of Part-I of this Schedule, in respect of
receipts from a coal mining project in Sindh, supplying coal exclusively to power generation
projects.
xix)
xx)
Taxpayers located in the most affected and moderately affected areas of Khyber Pakhtunkhwa, FATA
and PATA for tax year 2010, 2011 and 2012 excluding manufacturers and suppliers of cement,
sugar, beverages and cigarettes.
xxi)
xxii)
Taxpayers qualifying for exemption under clauses (126I) of Part-I of this Schedule in respect of
income from manufacture of equipment with dedicated use for generation of renewable energy.
xxiii)
Taxpayers qualifying for exemption under clauses (126J) of Part-I of this Schedule in respect of
income from operating warehousing or cold chain facilities for storage of agriculture produce.
xxiv)
Taxpayers qualifying for exemption under clauses (126K) of Part-I of this Schedule in respect of
income from operating halal meat production, during the period mentioned in clause (126K).
xxv)
Taxpayers qualifying for exemption under clauses (126L) of Part-I of this Schedule in respect of
income from a manufacturing unit set up in Khyber Pukhtunkhwa Province between 1st day of July,
2015 and 30th day of June, 2018.
Group taxation
Exemption available to group companies entitled for group taxation from withholding tax on dividend under
section 150 and on profit on debt under section 151 shall now be subjected to the condition that return of
the group has been filed for the latest completed tax year.
Clause (11D)
LNG Terminal Operators and Terminal Owners shall be exempt from the levy of alternate corporate tax
under section 113C of the Ordinance.
Withholding tax on imports
Clause (56)
By virtue of amendment in sub-clause (i), withholding tax on imports under section 148 shall not apply in
respect of goods classified under Pakistan Customs Tariff falling under chapter 86 and 89 except PCT
Heading 9918. Moreover, new sub-clause (ia) has been inserted and thereby following petroleum products
imported by Pakistan State Oil Company Limited, Shell Pakistan Limited, Attock Petroleum Limited, Byco
Petroleum Pakistan Limited, Admore Gas (Private) Limited, Chevron Pakistan Limited, Total-PARCO Pakistan
(Private) Limited, Hascol Petroleum Limited, Bakri Trading Company Pakistan (Private) Limited, Overseas Oil
Trading Company (Private) Limited, Gas and Oil Pakistan (Private) Limited and oil refineries shall be exempt
from payment of tax at import stage:
Petroleum oils and oils obtained from bituminous minerals crude (PCT code 2709.0000)
Furnace oil (PCT code 2710.1941)
High speed diesel oil (PCT code 2710.1931)
Motor spirit (PCT code 2710.1210)
J.P.1 (PCT code 2710.1912)
Base oil for lubricating oil (PCT code 2710.1993)
Light diesel oil (PCT code 2710.1921)
Super Kerosene Oil
Trading Houses
Clause (57)
Trading Houses, subject to certain conditions, are exempt from payment of minimum tax under Section 113
and are not subject to withholding tax under Section 153. New paragraph is inserted for further explanation
to Clause (57) that in-house preparation and processing of food and allied items for sale to customers shall
not disqualify a company from being treated as a Trading House, provided that all the conditions in this
clause are fulfilled and sale of such items does not exceed 2% of total sales.
International Finance Corporation
By inserting this clause, exemption from applicability of provisions of section 100B and Eighth Schedule
regarding capital gain tax, has been granted to International Finance Corporation (IFC), in respect of
transactions carried on by them upto 30th day of June 2015 on any stock exchange of Pakistan.
Since, any income of IFC is already exempt from tax with reference to sub-clause (XXI) of clause (66) of Part I
of Second Schedule, hence, there was no need to restrict this exception upto 30 June 2015
Hajj group operators
Clause (72A)
Exemption provided to Hajj group operator in respect of Hajj operations from the applicability of Clause (l) of
Section 21, section 113 and section 152 of the Ordinance subject to payment of tax @ Rupees 5,000 per
Hajji has been extended to tax year 2015.
Imports
Clause (77)
Provisions of sections 148 and 153 shall also not be applicable on import and subsequent supply of tubular
daylighting devices such as solatube.
Clause (79)
Under the provisions of this clause, tax deducted under section 153(1)(b) on payments received by a
company for providing or rendering of services, was not treated as minimum tax. Now, by omitting this
clause, companies providing or rendering services have been made liable to pay minimum tax in accordance
with the proviso (b) of sub-section (3) of section 153, at the rate of 8% (12% if the company is a non-filer)
instead of 1% under section 113.
Wealth statement
An individual or a member of an association of persons will now furnish his wealth statement and
reconciliation of wealth statements alongwith his return of income without any threshhold of income or
deduction of final tax, in accordance with sub-sections (2) and (4) of section 116.
Exemption from invocation of section 111
Clause (86)
Exemptions from collection of advance tax available under these both clauses has been made part of the
relevant sections 236l and 236D after amendments. Hence, the aforesaid clauses have been omitted being
redundant.
Payment of tax at import stage
As per newly inserted Clause (91), provisions of section 148 of the Ordinance shall not apply to specified
tillage and seed bed preparation equipment, specified seeding or planting equipment, specified irrigation,
drainage and agro-chemical application equipment, specified harvesting, threshing and storage equipment
and specified port-harvest handling and processing and miscellaneous machinery.
As per newly inserted Clause (92), provisions of section 148 of the Ordinance shall not apply to aircraft,
maintenance kits for use in trainer aircrafts, aviation simulators, spare parts for use in aircrafts, trainer aircrafts
or simulators, machinery, equipment and tools for setting up maintenance, repair and overhaul workshop
and operational tools, machinery, equipment and furniture and fixtures on one time basis for setting up
Greenfield airports.
Halal meat
Clause (93)
As per newly inserted clause (93), provisions relating to deduction of tax on exports under section 154(1)
shall not apply to taxpayers operating halal meat production and qualifying for exemption under clause
(126K) of Part 1 of this Schedule.
Rule (6B)
Rates of tax on capital gains on disposal of shares of listed companies, vouchers of Pakistan
Telecommunication Corporation, modaraba certificates or instruments of redeemable capital and derivative
products have been substituted as under:
S. No.
(1)
Period
(2)
1.
12.5%
15%
10%
12.5%
0%
7.5%
2.
3.
Accordingly, proviso under this table in respect of exemption of tax on sale of securities held for a period of
more than twelve months, has been omitted.
Super tax for rehabilitation of temporarily displaced persons under section 4B
Super tax @ 3% of income equal to or exceeding Rupees 500 million shall be paid by insurance companies.
For this purpose, Rule 6D has been added in this Schedule as under:
6D. The provisions of section 4B shall apply to the taxpayers under this schedule and taxed at the rates
specified in Division IIA of Part I of the First Schedule.
THE FIFTH SCHEDULE
RULES FOR THE COMPUTATION OF THE PROFITS AND GAINS FROM THE EXPLORATION,
PRODUCTION OF PETROLEUM AND EXTRACTION OF MINERAL DEPOSITS (OTHER THAN
PETROLEUM)
By insertion of Rules 4AA and 2A in Part I and Part II respectively of this Schedule, super tax @ 3% of income
equal to or exceeding Rupees 500 million shall be paid by the taxpayers engaged in business of exploration
and production of petroleum and exploration and extraction of mineral deposits (other than petroleum) in
accordance with section 4B of the Ordinance.
Income from dividend and capital gain on sale of shares of listed companies shall now be taxed under the
head income from business instead of separate rate of 10% and 12.5%, respectively. As provided in newly
inserted Rule (7B), from tax year 2015 and onwards, income from dividend and capital gains shall be taxed
at the rates specified in Division II of Part I of First Schedule.
Accordingly, Rule 6 of this Schedule has been amended and three provisos under this rule have been
omitted. Further, Rules 6A and 6B providing method of computation of net income from dividend and capital
gains have also been omitted.
Super tax
Rule (7C)
For the tax year 2015, tax for rehabilitation of temporarily displaced persons under section 4B shall be paid
at the rate specified in Division IIA of Part I of First Schedule.
THE EIGHTH SCHEDULE
RULES FOR COMPUTATION OF CAPITAL GAINS ON LISTED SECURITIES
Super tax
Rule (8)
For the tax year 2015, super tax under section 4B of this Ordinance shall be charged to taxpayers under this
Schedule at the rate specified in Division IIA of Part I of First Schedule.
Description
Rate of Tax
25%
32%
35%
25%
Moreover, the rate of tax imposed on taxable income of a company, other than banking company, shall be
31% for the tax year 2017 and 30% for the tax year 2018 and onwards.
The rate of tax imposed for rehabilitation of temporarily displaced persons for the tax year 2015 shall be:
Person
Rate of tax
Banking Company
4%
3%
1.
Person(s)
(a)
(b)
(c)
(d)
2.
(a)
(b)
(c)
(d)
Minimum Tax as
percentage of the
persons turnover for
the year
0.5%
0.2%
3.
4.
0.25%
1%
Taxable Income
Rate of tax
1.
0%
2.
6.
7.
3.
4.
5.
8.
Salaried Individuals, where income from salary exceeds 50% of taxable income:
S. No.
Taxable Income
Rate of tax
1.
0%
2.
3.
4.
5.
6.
7.
8.
9.
10
11
12
tax withheld from the employee under this Ordinance during tax year;
any excess deduction or deficiency arising out of any previous deductions; or
failure to make deduction during the year.
The employers will, however, be responsible to obtain documentary evidences alongwith declaration from
employees on prescribed form IT-3, for correct application of relevant provisions of law. The said
declaration and evidences are required to be retained by the employer for at least 5 years.
VALUATION OF PERQUISITES, ALLOWANCES AND BENEFITS
In case of salaried taxpayers special allowance and medical allowance are exempt from tax under Clause
(39) and Clause (139) respectively of Part I of Second Schedule. However, value of other perquisites,
allowances and benefits provided by the employer shall be included in income of the employee in
accordance with the rules 4 to 6 of Part I of Chapter II of Income Tax Rules, 2002 as reproduced below:
4.
5.
Valuation of conveyance.- The value of conveyance provided by the employer to the employee shall
be taken equal to an amount as below: (i)
5% of:
(a) the cost to the employer for acquiring the motor vehicle; or
(b) the fair market value of the motor vehicle at the
commencement of the lease, if the motor vehicle is taken on
lease by the employer;
10% of:
(a) the cost to the employer for acquiring the motor vehicle; or,
(b) the fair market value of the motor vehicle at the
commencement of the lease, if the motor vehicle is taken on
lease by the employer; and
6.
Rate of tax
Tax year 2015
12.5%
15%
10%
12.5%
0%
7.5%
0%
0%
The rate for companies in respect of debt securities shall be as specified in Division II of Part I of First
Schedule which is 32% for the tax year 2016, 31% for the tax year 2017 and 30% for the tax year 2018 and
onwards.
From tax year 2015 and onwards, income from capital gains in case of banking company shall be taxed @
35%. [Rule 7B, 7th Sch.]
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
Rate
Stock Fund
Other Fund
10%
10%
10%
25%
Provided that in case of a stock fund if dividend receipts of the fund are less than capital gains, the rate of
tax deduction shall be 12.5%.
Provided further that no capital gains tax shall be deducted, if the holding period of the security is more
than four years.
Rate of tax
10%
5%
0%
Advance tax in case of an individual, will be calculated in accordance with the following formula:
(A/4)-B
Where
A
is the tax assessed to the taxpayer for the latest tax year under the Ordinance; and
is the tax paid in the quarter for which a tax credit is allowed under section 168, other than tax
deducted on dividend income, salary income or income from property.
Individual whose latest assessed income excluding incomes referred to in items (i) to (iv) above is less than
Rupees 500,000 is not required to pay advance income tax under section 147 of Income Tax Ordinance,
2001.
Where the taxpayer is an association of persons or a company, advance tax will be computed according to
the following formula:
(AxB/C)D
Where
A
is the tax assessed of the taxpayer company for the latest tax year
is the total amount of tax paid/deducted in the quarter other than tax collected/deducted which is
considered as final tax.
However, provisions regarding advance tax on capital gain from sale of securities are not applicable to
individual investors.
In case the taxpayer is an association of persons or a company, it shall estimate the tax payable by it for the
relevant tax year at any time before the 2nd installment is due. In case the tax payable is likely to be more
than the amount that the taxpayer is required to pay under sub-section (4), the taxpayer shall furnish to the
Commissioner on or before the due date of the 2nd quarter an estimate of the amount of tax payable by the
taxpayer and pay 50% of such amount by the due date of the 2nd quarter of the tax year after making
adjustment for the amount, if any, already paid in terms of sub-section (4). The remaining 50% of the
estimate shall be paid in two equal installments payable by the due date of the 3rd and 4th quarter of the tax
year. Similarly, according to the provisions of sub-section (6), if the tax payable is less than the tax due on the
said basis, every taxpayer who is required to pay advance tax, after furnishing the estimates to Commissioner,
will pay such estimated amount after adjustment of tax already paid. The provision of minimum tax will also
be taken into account while computing advance tax liability on such basis.
New company or an association of persons, are required to pay advance income tax even in the first year of
their operation. The taxpayer will estimate the amount of advance tax payable on quarterly income basis and
thereafter pay such amount after taking into account minimum tax payable under section 113. If minimum
tax payable comes more than the advance tax calculated on the basis of quarterly income, then advance tax
will be paid equal to minimum tax calculated @ 1% on aggregated turnover of the quarter after adjustment of
the amount already paid during the quarter, if any.
Where the advance tax paid on the basis of estimation under sub-section (4A) or (6) of section 147 is less
than 90% of the tax chargeable for the relevant tax year, the taxpayer shall be liable to pay default surcharge
under section 205(IB) at the rate of 12% per annum on the amount by which the tax paid by him falls short of
the 90%. Such default surcharge shall be calculated from 1st day of April in that year to the date on which the
assessment is made or the 30th day of June of the financial year next following whichever is the earlier. [Subsection (1B) of Section 205]
DATE OF PAYMENT OF ADVANCE TAX
Tax Payable For
Individuals
On or Before
Companies and AOPs (excluding
Banking Company)
September quarter
15 September
25 September
December quarter
15 December
25 December
15 March
25 March
15 June
15 June
March quarter
June quarter
Advance tax on capital gain from sale of securities is payable within 21 days from the close of each quarter
except last quarter which is payable on or before 30 June of each year. [Section 147(5b)]
Banking company will be required to pay advance tax under section 147 in 12 equal installments on or
before 15th of every month. [Rule 5(1) of the Seventh Schedule]
PAYMENT OF TAX COLLECTED / DEDUCTED (RULE 43 OF INCOME TAX RULES, 2002)
Tax collected / deducted by
Other persons
DATE OF FILING OF STATEMENTS UNDER SECTION 165 (Rule 44 of Income Tax Rules, 2002)
Every prescribed person shall furnish or e-file statement under sub-section (1) of section 165 by 15th day of
the month following the month to which the withholding tax pertains.
ANNUAL STATEMENT
Annual statements will be furnished on or before 31 August of each year by the person deducting tax from
salary under section 149. [Section 165(6)]
DATE OF FILING OF RETURN OF INCOME / STATEMENT UNDER SECTION 115(4)
Category of Taxpayer
Date of Filing
Companies: (For return under section 114, statements under sections 115(4) and 165)
31 December
Other cases
30 September
31 August
31 August
31 August
31 August
Return of income
30 September
148
Non-filer
1.5% of
import
value as
increased
by
customsduty, sales
tax and
federal
excise duty
Responsibility for
Deduction / Deposit
Collector of customs
-do-
-do-do-
-do-do-do-
2% of import
value as
increased by
customs
duty, sales
tax and
federal excise
duty
3% of
import
value as
increased
by customs
duty, sales
tax and
federal
excise duty
Collector of customs
Remarks
149(1)
Responsibility for
Deduction / Deposit
Remarks
Filer
3% of
import
value as
increased
by customs
duty, sales
tax and
federal
excise duty
4.5%
Non-filer
4.5% of
import
value as
increased
by customs
duty,
sales tax
and federal
excise duty
6.5%
5.5%
8%
Collector of customs
5.5%
8%
Collector of customs
6%
9%
Collector of customs
2%
2%
Final
Employer
Average rate
Collector of customs
Collector of customs
Responsibility for
Deduction / Deposit
Remarks
Non-filer
should be through crossed cheques or direct
transfer of funds to the employees bank
account. [Sec. 21(m)]
(3)
20%
20%
Employer / responsible
person
for
making
payment
Adjustable
150
7.5%
7.5%
12.5%
17.5%
10%
17.5%
10%
17.5%
Banking company or
financial institution
10%
17.5%
Federal Government,
Provincial Government
or local Government
10%
17.5%
Banking company,
financial institution, etc.
-do-
151(1):
(a)
(b)
(c)
(d)
Filer
Responsibility for
Deduction / Deposit
Remarks
Non-filer
Directorate of National Savings where
investment was made on or before 30 June
2001 and any income derived from Mahana
Amdani Account where monthly installment
does not exceed Rupees 1,000 shall continue to
remain exempt and any person paying such
yield or income shall not deduct tax u/s 151.
The recipient of such receipt or income is not
required to produce exemption certificate in this
regard [S. 239(14)]
152
(1)
15%
15%
Final
Payment to non-resident
account of certain contracts
on
6%
6%
Final
(1AA)
5%
5%
Final
(1AAA)
10%
10%
Final
(2)
20%
20%
Adjustable
(2)
10%
10%
(1A)
persons
(2A)(a)
(2A)(b)
(2A)(c)
Filer
Non-filer
4%
4.5%
6%
6.5%
2%
2%
8%
10%
12%
15%
10%
10%
In case of company
In other case
7%
7.5%
10%
10%
1.5%
1.5%
153
(1)(a)
4%
4.5%
6%
6.5%
Responsibility for
Deduction / Deposit
Remarks
Adjustable
Adjustable
Adjustable
Final
(Adjustable for
manufacturing
company and listed
company)
Final
(Adjustable for
manufacturing
company and listed
company)
Adjustable
Gross
amount
payable for sale of
goods shall include
the
sales
tax.
[S.153(1)]
Tax will not be
deducted on account
of payments made
for:
Sale of goods not
exceeding
Rs.
25,000 in a financial
year
(1)(b)
Non-filer
1%
1%
1%
Responsibility for
Deduction / Deposit
Remarks
Final
(Adjustable for
manufacturing
company and listed
company)
Final
2%
Minimum
1%
1%
12%
15%
Adjustable
Minimum
8%
10%
12%
15%
Adjustable
Minimum
- others:
- in case of companies
- in case of other taxpayers
Services
and
execution of contracts
not exceeding Rs.
10,000 in a financial
year. Provided that
where
the
total
payments
in
a
financial year, exceed
Rs. 25,000 / 10,000
as stated above, the
taxpayer will deduct
tax from the payments
including
the
payments
made
earlier
without
deduction
of
tax
during
the
same
financial year [SRO
586(1)/91
dated
30.06.1991]
Tax deducted on
account
of
the
followings will not be
final tax: [Sec.153(3)]
Sale of goods and
execution of contracts
by a public company
listed on a registered
stock exchange in
Pakistan.
(1)(c)
(2)
Non-filer
1%
7%
7.5%
10%
1%
10%
10%
10%
1%
Responsibility for
Deduction / Deposit
Every person making
payment
Every prescribed person
making payment
Remarks
Minimum
Final
(Adjustable for listed
companies)[Sec153(3)]
Final
Final
Advertisement
services by owners of
newspaper
and
magazines.
Rendering
or
providing of services
154(1)
1%
1%
(2)
5%
5%
1%
1%
(3A)
1%
1%
-do-
(3B)
Indirect exporter
1%
1%
-do-
(3C)
Clearing of goods
1%
1%
Collector of customs
-do-
155
(3)
Prescribed persons as
mentioned
in
subsection (3) of section
155
156
Adjustable
Nil
10% of the amount
exceeding Rs.150,000
15%
15%
20%
20%
156A
12%
15%
156B
Remarks
Non-filer
Company
Responsibility for
Deduction / Deposit
Adjustable
Every person making
payment
Every person making
payment
Final
Final
Final
Responsibility for
Deduction / Deposit
Non-filer
231A
231AA
231B
(1)
Remarks
0.3%
0.6%
Banking company
0.3%
0.6%
(Rupees)
10,000
25,000
40,000
100,000
150,000
200,000
300,000
400,000
450,000
Motor
vehicle
registration authority of
Excise and Taxation
Department
Adjustable
(Rupees)
10,000
20,000
30,000
50,000
75,000
100,000
150,000
200,000
250,000
(2)
(3)
233
233A(I)
Responsibility for
Deduction / Deposit
Remarks
Non-filer
-do-
(Rupees)
5,000
7,500
12,500
18,750
25,000
37,500
50,000
62,500
(Rupees)
5,000
15,000
25,000
65,000
100,000
135,000
200,000
270,000
300,000
(Rupees)
10,000
20,000
30,000
50,000
75,000
100,000
150,000
200,000
250,000
(Rupees)
10,000
25,000
40,000
100,000
150,000
200,000
300,000
400,000
450,000
12%
15%
10%
15%
0.01%
0.01%
0.01%
0.01%
Manufacturer of motor
vehicle
Federal
Government,
Provincial Government,
Local Government, a
Company or an AOP
(termed as principal)
Final
Stock Exchange
Stock Exchange
Adjustable
Adjustable
233(AA)
234
Non-filer
10%
Responsibility for
Deduction / Deposit
Remarks
NCCPL
Adjustable
Motor
vehicle
tax
Collecting Authority
Adjustable
Rs. 4 per
kg. of the
laden
weight
Rupees
per seat per annum
50
100
100
200
300
500
(Rupees)
800
1,500
1,750
2,500
(Rupees)
1,200
4,000
5,000
7,500
234A
235
e) 1500 - 1599 cc
f) 1600 1999 cc
g) 2000 cc and above
(4) Where the motor vehicle tax is
collected in lump sum:
a) up to 1000 cc
b) 1001 - 1199 cc
c) 1200 - 1299 cc
d) 1300 - 1499 cc
e) 1500 - 1599 cc
f) 1600 1999 cc
g) 2000 cc and above
Advance tax shall be collected on the
amount of gas bill of a Compressed
Natural Gas (CNG) station.
Rate of collection of advance tax on
electricity bill of commercial or industrial
consumers, where the amount of bill:
(a) does not exceed Rs. 400
(b) Rs. 401 - 600
(c) Rs. 601 - 800
(d) Rs. 801 - 1,000
(e) Rs. 1,001 - 1,500
(f) Rs. 1,501 - 3,000
(g) Rs. 3,001 - 4,500
(h) Rs. 4,501 - 6,000
(i) Rs. 6,001 - 10,000
(j) Rs. 10,001 - 15,000
(k) Rs. 15,001 - 20,000
Non-filer
(Rupees)
12,000
15,000
30,000
(Rupees)
10,000
18,000
20,000
30,000
45,000
60,000
120,000
4%
(Rupees)
10,000
36,000
40,000
60,000
90,000
120,000
240,000
4%
(Rupees)
80
100
160
300
350
450
500
650
1,000
1,500
(Rupees)
80
100
160
300
350
450
500
650
1,000
1,500
Responsibility for
Deduction / Deposit
Remarks
Final
235B
236
Non-filer
10%
5%
10%
5%
7.5%
0%
Responsibility for
Deduction / Deposit
Remarks
-do-
7.5%
0%
Adjustable
Responsibility for
Deduction / Deposit
Filer
Non-filer
10% of the gross sale
price of any property or
goods sold by auction.
Adjustable
236B
236C
Section
236A
Remarks
0.5%
1%
Adjustable
5%
5%
Prescribed person as
mentioned in clause (b)
of sub-section (4) of
section 236D
Adjustable
(2)
5%
5%
-do-
Adjustable
236E
236D(1)
236F(1)
Licensing authority
-do-
Pakistan Electronic
Media Regulatory
Authority (PEMRA)
Adjustable
Adjustable
Adjustable
License Category
H
H-l
H-II
R
B
B-l
B-2
B-3
B-4
B-5
B-6
B-7
B-8
B-9
B-10
236G(1)
236H(1)
Responsibility for
Deduction / Deposit
Remarks
Non-filer
Tax on
Renewal
(Rupees)
10,000
15,000
30,000
30,000
40,000
50,000
60,000
75,000
100,000
150,000
200,000
300,000
500,000
800,000
900,000
0.7%
0.1%
1.4%
0.2%
0.5%
0.5%
Manufacturer,
commercial importer
Manufacturer,
distributors, dealer,
wholesaler or
commercial importer
236I(1)
Non-filer
5%
Responsibility for
Deduction / Deposit
The person preparing fee
voucher or challan
Remarks
236J(1)
Group or Class A
Group or Class B
Group or Class C
Any other category
Market committee
Tax
(per annum)
(Rupees)
10,000
7,500
5,000
5,000
Tax
(per annum)
(Rupees)
10,000
7,500
5,000
5,000
Adjustable
236K(1)
Responsibility for
Deduction / Deposit
Remarks
Non-filer
Person registering
attesting transfer
0%
0%
1%
2%
236L
Rupees per
person
16,000
12,000
-
Rupees per
person
16,000
12,000
-
236M
5%
236N
236P
or
Adjustable
5%
Final
5%
5%
Final
0.6%
236Q
236R
236S
Dividend in specie
236T
related
Non-filer
10%
5%
5%
0.05%
Responsibility for
Deduction / Deposit
Remarks
Banks,
financial
institutions,
foreign
exchange companies or
any
other
person
responsible for remitting
foreign currency abroad
Final
Pakistan
Exchange
(PMEX)
Adjustable
Mercantile
Limited
SALES TAX
Sales Tax Act, 1990
Active taxpayer
Section 2(1)
The concept of active taxpayer has also been introduced in Sales Tax Act, for the purpose of segregating
compliant and non-compliant registered persons. Following clause (1) has been inserted in section 2 to
define active taxpayer:
(1) active taxpayer means a registered person who does not fall in any of the following categories,
namely:(a)
(b)
(c)
(d)
Cottage industry
Section 2(5AB)
Threshold of annual utility (electricity, gas and telephone) bills during the last twelve months has been
enhanced from Rupees 700,000 to Rupees 800,000. Now, a manufacturer whose annual turnover from
taxable supplies does not exceed Rupees 5,000,000 or whose annual utility (electricity, gas and telephone)
bills during the last twelve months ending any tax period do not exceed Rupees 800,000 will fall under the
definition of cottage industry. Needless to mention here that supplies of cottage industry are exempt from
sales tax as per Sixth Schedule to the Sales Tax Act, 1990.
Supply
Section 2(33)
The scope of definition of Supply has been enlarged to bring toll manufacturing within the ambit of supply.
Now goods manufactured belonging to another person and transfer or delivery of such goods to the owner or
to nominated person shall be considered as supply.
The amendment needs further clarification to resolve the issue of taxability of toll manufacturing between the
Federal and Provincial Governments, because activities of toll manufacturing are treated as Services and
sales tax on services has also been levied at standard rate by the Provincial Governments.
Scope of tax
Section 3(1A)
Rate of further tax on supplies to unregistered persons has been enhanced from 1% to 2% of the value of
taxable supplies.
Time and manner of payment
Section 6(1)
By virtue of amendment in sub-section (1) of this section, Customs authorities have been empowered to
recover subsequently, the short payment or non-payment of tax if any in respect of goods imported into
Pakistan.
Determination of tax liability
Section 7(2)(ii)
By amendment in clause (ii) of sub-section (2) of this section, a registered person shall now be also entitled to
deduct input tax paid on goods imported and cleared on provisional basis under section 81 of the Customs
Act, 1969, from its output tax.
SALES TAX
Tax credit not allowed
Section 8
Registered person has now been made entitled to reclaim or deduct input tax paid on purchase of
prefabricated buildings. Previously, this was not an allowable adjustment.
Further, three more clauses (j), (k) and (l) have been inserted in sub-section (1) of this section and thereby a
registered person shall not be entitled to reclaim or deduct input tax paid on:
services in respect of which input tax adjustment is barred under the respective provincial sales tax
law.
import or purchase of agricultural machinery or equipment subject to sales tax @ 7% under 8th
Schedule to this Act.
such goods and services (to be notified by FBR) which, at the time of filing of return by the buyer,
have not been declared by the supplier in his return.
Joint and several liability of registered persons in supply chain where tax unpaid
Section 8A
Burden to prove that the registered person receiving supplies was in knowledge of the fact that tax paid in
respect of supply of goods would go unpaid, has been shifted on the shoulders of the Department. Hence, it
will now be the responsibility of the Department to prove that buyer was in the knowledge that the seller will
not pay the tax into Government exchequer.
Exemptions
Section 13
By virtue of amendments in this section, powers enjoyed by FBR to grant exemption from payment of whole
or any part of the tax chargeable under this Act, have been withdrawn.
Moreover, the Federal Government will issue such notification to exempt any taxable supply, after approval
of the Economic Co-ordination Committee of Cabinet (ECC), under the specified circumstances. All such
notifications issued under this section shall be placed before the National Assembly in the financial year.
Further, any notification issued under this section after 01 July 2015 shall stand rescinded on expiry of the
financial year if not earlier rescinded.
Registration
Section 14
This section has been substituted to prescribe categories required to be registered under this Act.
14. Registration.(1) Every person engaged in making taxable supplies in Pakistan, including zero-rated
supplies, in the course or furtherance of any taxable activity carried on by him, falling in any of the
following categories, if not already registered, is required to be registered under this Act, namely:(a)
(b)
(c)
(d)
(e)
(f)
(2) Persons not engaged in making of taxable supplies in Pakistan, if required to be registered for making
imports or exports, or under any provisions of the Act, or any other Federal law, may apply for
registration.
SALES TAX
(3) The registration under this Act shall be regulated in such manner as the Board may, by notification in
the official Gazette, prescribe.
Active taxpayers list
By inserting this new section, the FBR has been empowered to maintain active taxpayers list in the manner as
may be prescribed by rules and such rules may provide for restrictions and limitations to be imposed on a
person who ceases to be an active taxpayer.
Audit by special audit panels
Section 32A
Section 32A, Special audit by Chartered Accountants or Cost Accountants has been substituted and
concept of special audit panels for conducting audits including forensic audit and refund claims audit of
registered person has been introduced. Scope of such audit shall be determined by FBR or Commissioner
Inland Revenue on case to case basis. The FBR has further been authorized to get such audit conducted
jointly with similar audits being conducted by provincial administrations of sales tax on services, if it is
considered appropriate. Moreover, the FBR may appoint as many special audit panels as may be necessary in
similar manner as prescribed in section 177 of the Income Tax Ordinance, 2001.
Offences and penalties
Section 33
Penalty of five thousand rupees is payable in case where any person fails to furnish a return within the due
date. However, marginal relief was made available and such penalty was reduced to Rupees 100 for each
day if the return was filed within fifteen days of the due date. Now, this period of fifteen days has been
reduced to ten days and if the return is filed within 10 days of the due date, the penalty shall be paid at
Rupees 100 for each day of default.
Similarly, the fifteen days delayed period in respect of deposit of the amount of tax due has been reduced to
ten days. Hence, reduced penalty of Rupees 500 for each day of default shall now be leviable for ten days
default only and in case the payment of due tax is made after ten days, penalty of Rupees 10,000 or 5% of
the amount of tax involved, whichever is higher shall be applicable.
Monitoring or tracking by electronic or other means
Section 40C was inserted vide Finance Act, 2013, whereby the Board was authorized to issue notification in
order to specify any registered person or class of registered persons or any goods or class of goods in respect
of which monitoring or tracking of production, sales, clearances, stocks or any other related activity may be
implemented through electronic or other means.
By amending sub-section (2) and inserting new sub-section (3) in this section, taxable goods shall not be
removed or sold by the manufacturer or any other person without affixing barcodes in addition to tax
stamps, banderols, stickers, labels, etc. on such goods.
Such tax stamps, bandroles, stickers, labels, barcodes, etc., shall be acquired by registered person from a
licensee appointed by FBR and at price approved by FBR which shall include the cost of equipment installed
by such licensee in the premises of the said registered person.
Agreement for the exchange of information, Disclosure of information
by a public servant, Prize schemes to promote tax culture and Reward
to whistleblowers
Like income tax, new sections have been introduced in Sales Tax Act for the purposes of bilateral or
multilateral agreements for exchange of information, disclosure of information by a public servant, prize
schemes to promote tax culture and reward to whistleblowers.
SALES TAX
THE FIFTH SCHEDULE
(ZERO RATING)
Supply of locally manufactured plant and machinery to manufacturers in the Export Processing Zone earlier
zero rated under SRO 397(I)/2001 will now continue to be zero rated under the Fifth Schedule to the Sales
Tax Act, 1990.
Export of goods exempted from sales tax under section 13 of the Sales Tax Act, 1990 by manufacturer shall
be zero rated. Accordingly, input tax adjustment will be available to such manufacturer / exporter.
THE SIXTH SCHEDULE
(EXEMPTIONS)
Supply or import of the following goods has been exempted:
Description
PCT Heading
8802.4000
Respective headings
Respective headings
Respective headings
Respective headings
Respective headings
Respective headings
PCT Heading
SALES TAX
Items exempted under SRO 880(I)/2007, SRO 408(I)/2012 and SRO 760(I)/2012 shall continue to be
exempted under the Sixth Schedule.
Supplies made by manufacturers of marble and granite exempted under SRO 76(I)/2008 shall continue to be
exempted under Sixth Schedule subject to conditions of annual turnover of less than Rupees 5 million even
if their annual utility bill is more than Rupees 800,000.
Items covered under Fifth Schedule to the Customs Act, 1969 have been exempted under the Sixth Schedule.
Import and supply of appliances for colostomy (PCT heading 3006.9100), colostomy and urostomy bags (PCT
heading 3926.9050) and tubular day lighting devices (TDDs) (PCT heading 8539.3930) have been exempted
under the Sixth Schedule.
EIGHTH SCHEDULE
Following items have been subjected to reduced rate of 7%:
Description
PCT Heading
Following items have been subjected to reduced rate of 10% instead of 5%:
Description
PCT Heading
Respective headings
Respective headings
Respective headings
SALES TAX
Following items previously subject to reduced rate of 5% have now been omitted from the Eighth Schedule:
S.
No.
Description
PCT
Heading
Various
Various
Import and supply of ingredients of poultry and cattle feed except rapeseed meal (HS Code 2306.4900) and
sunflower meal (HS Code 2306.3000), previously exempt under SRO 1007(I)/2005 dated 24 September
2005, shall now be taxed at the rate of 5% under the Eighth Schedule.
Reduced rates of sale tax were notified through the following notifications. Goods covered under these
notifications have been subjected to same reduced rate and conditions under the Eighth Schedule:
SRO 69(I)/2006 dated 28 January 2006 - Import by solvent extraction industries of rapeseed,
sunflower seed and canola seed @ 16%.
SRO 313(I)/2006 dated 31 March 2006 - Import by solvent extraction industries of soya bean seed @
6% subject to the condition that no refund of input sales tax shall be admissible.
SRO 657(I)/2013 dated 11 July 2013 Secondhand and worn clothing or footwear @ 5%.
SRO 572(I)/2014 dated 26 June 2014 - Agricultural tractors @ 10%.
NINTH SCHEDULE
Sales tax rates under the Ninth Schedule on import or local supply of cellular mobile phones or satellite
phones and/or registration of International Mobile Equipment Identity (IMEI) number by Cellular Mobile
Operators (CMOs) have been doubled. Further, a new clause has been added in Liability, Procedure and
Conditions of the Ninth Schedule to specify that sales tax on import of cellular mobile phones or satellite
phones shall be paid by the importer and by the manufacturer, in case of locally manufactured cellular
mobile phones.
SALES TAX
SALES TAX ON DAIRY PRODUCTS
Processed and unprocessed milk both shall continue to be zero-rated. However, sales tax regime for other
dairy products like flavoured milk, yogurt, cheese etc. has been considerably changed by way of substitution
into either exemption or reduced tax rate of 10%.
NEW SALES TAX REGIME FOR CERTAIN ITEMS
Sales tax regime for certain items has been revamped as follows:
Description
HS Code
Soyabean meal
2304.0000
Various HS
Codes
previously
exempt
under SRO
1007(I)/2005
dated 24
September
2005 except
rapeseed
meal (HS
Code
2306.4900)
and
sunflower
meal (HS
Code
2306.3000)
04.04
0402.9900
0405.1000
0405.9000
0406.1010
0402.1000
Exempt
under
Schedule.
Whey
Flavored milk
Butter
Desi ghee
Cheese
Milk and cream, concentrated
and added sugar or other
sweetening matter
Yogurt
Processed cheese not grated
or powdered
Cream
0403.1000
0406.3000
04.01 and
04.02
Sixth
SALES TAX
Description
HS Code
72.03
Incinerators of disposal of
waste management,
motorized sweepers and
snow ploughs
8417.8000,
8430.2000
and
8479.8990
Exempt
under
Schedule.
Sixth
Re-importation of foreign
origin goods which were
temporarily exported out of
Pakistan
99.18
Plant, machinery,
equipment and specific
items used in production of
bio-diesel
Respective
headings
Respective
headings
Waste papers
Respective
headings
Respective
headings
Certain PCT
Headings
SALES TAX
Table II of SRO 1125(I)/2011 dated 31 December 2011 has been substituted as under:
S.
No.
1.
PCT
Heading
No.
As specified
in column
(3) of Table
-I
3%
3%, plus
1% value
addition tax
3%
17%
3%
Respective
headings
3%
3%, plus
1% value
addition tax
3%
(iii) Supplies
3.
Respective
headings
4.
Respective
headings
Rate of
Sales Tax
3% of the
processing
charges
5%
Respective
headings
17%, plus
2% value
addition tax
17%
SALES TAX
SRO 494(I)/2015 DATED 30 JUNE 2015
Certain amendments have been made in the Sales Tax Rules, 2006 vide SRO 494(I)/2015. Highlights of the
changes are as under:
New rules for registration, de-registration, suspension and blacklisting etc. have been issued. Now,
the applicant for sales tax registration being the owner, authorized member or partner or authorized
director, as the case may be, will visit the concerned Regional Tax Office for biometric verification
along with all those documents specified under Sales Tax Rules for sales tax registration which have
not been submitted through computerized system. Sales tax registration documents will now include
distribution certificate from the principal showing distributorship or dealership, in case of distributor
or dealer, balance sheet / statements of affairs / equity of the business, particulars of all the branches
in case of multiple branches at various locations and particulars of all franchise holders in case of
national or international franchise.
A concept of temporary registration has been introduced for persons importing machinery for
installation at their premises. The temporary registration is meant for intending manufacturers
importing machinery. The registration will be valid for a period of 60 days.
Concept of non-active taxpayer has also been introduced, in line with the change made in the Sales
Tax Act, 1990 through Finance Act, 2015.
Now, all registered manufactures making supply of specified taxable goods shall furnish in Annex-J
of the monthly return, details of such goods manufactured or produced and goods supplied using the
prescribed unit of measurement.
In case the sales tax return is not filed within a period of six months after the due date, the same shall
be filed only after approval of the Commissioner Inland Revenue having jurisdiction.
A new Chapter VIII-A has been introduced for import or supply of exempt goods to organizations or
agencies under grants -in-aid.
A new Chapter XIV-A has been introduced for monitoring or tracking of restaurants, cafes etc. by
electronic or other means. Such restaurants will be required to give continuous and full remote as
well as on-site access to the tax department to their computerized system.
A new Chapter XIV-B has been added for electronic monitoring and tracking of aerated waters,
cigarettes, fertilizers, cement and sugar. Under this Chapter the manufacturers or importers shall be
required to affix tax stamps, banderoles, stickers, labels, barcodes, etc. on each packet/packing. This
new Chapter will be made effective at a subsequent date through a notification.
SRO 492(I)/2015 DATED 30 JUNE 2015 (EFFECTIVE FROM 01 JULY 2015)
It has been clarified that supplies charged to reduced rate under Notification No. SRO 1125(I)/2011 dated 31
December 2011 shall be excluded from the purview of sub-section (1) of section 8B of the Sales Tax Act,
1990, provided that value of such supplies exceeds 50% of value of all taxable supplies in a tax period.
SRO 491(I)/2015 DATED 30 JUNE 2015 (EFFECTIVE FROM 01 JULY 2015)
Vide SRO 491(I)/2015 dated 30 June 2015, minimum value of taxable supply of locally produced coal (PCT
heading 27.01) has been fixed at Rupees 2,500 per metric ton. Previously, the value was Rupees 1,000.
SALES TAX
SRO 488(I)/2015 DATED 30 JUNE 2015 (EFFECTIVE FROM 01 JULY 2015)
Vide SRO 488(I)/2015 dated 30.06.2015, the following notifications have been rescinded:
1.
2.
SRO 397(I)/2001 dated 18 June 2001 (Specification of plant and machinery to be supplied to
manufacturers in the Export Processing Zone);
3.
SRO 77(I)/2004 dated 28 January 2004 (Zero-rating of sugar sold to Trading Corporation of Pakistan
for export);
4.
SRO 433(I)/2005 dated 14 May 2005 (Zero-rating of supply of 100 buses by M/s Hinopak to Ministry
of Foreign Affairs);
5.
SRO 1007(I)/2005 dated 26 September 2005 (Exemption on import and supply of ingredients of
poultry and cattle feed);
6.
SRO 69(I)/2006 dated 28 January 2006 (Reduced rate of sales tax on import of rapeseed, sunflower
seed and canola seed);
7.
SRO 313(I)/2006 dated 31 March 2006 (Reduced rate on import of soyabean seed);
8.
SRO 880(I)/2007 dated the 1 September 2007 (Exemption on certain diagnostic kits and equipment);
9.
SRO 76(I)/2008 dated 23 January 2008 ( Exemption on supplies by small scale marble and granite
manufacturers);
10.
SRO 408(I)/2012 dated 19 April 2012 (Exemption on import and supply of blood bag);
11.
SRO 760(I)/2012 dated 22 June 2012 (Exemption on import and supply of urine bag);
12.
SRO 460(I)/2013 dated 30 May 2013 (Fixed rate of sales tax on mobile phones);
13.
SRO 657(I)/2013 dated 11 July 2013 (Reduced rate of sales tax on import and supply of second hand
and worn clothing);
14.
SRO 572(I)/2014 dated 26 June 2014 (Reduced rate of sales tax on agricultural tractors); and
15.
SRO 84(I)/2015 dated the 28 January 2015 (Exemption on import and supply of raw material for the
basic manufacture of pharmaceutical active ingredients and for manufacture of pharmaceutical
products).
SRO 487(I)/2015 DATED 30 JUNE 2015 (EFFECTIVE FROM 01 JULY 2015)
Vide SRO 487(I)/2015 dated 30 June 2015, following dates have been specified for payment of sales tax and
filing of monthly return by petroleum exploration and production companies:
i.
18th day of the month following the tax period for the purposes of payment of sales tax on petroleum
products; and
ii.
Monthly sales tax return filing date for petroleum exploration and production companies will be 21st
day of the month following the tax period.
SALES TAX
SRO 493(I)/2015 DATED 30 JUNE 2015
SRO 863(I)/2008 dated 20 August 2008 has been rescinded vide SRO 493(I)/2015 dated 30 June 2015. SRO
863(I)/2008 required all the registered manufacturers making supply of specified taxable goods to furnish, by
the 25th of each month, the details of goods manufactured or produced and goods supplied in the prescribed
format. After amendment in Sales Tax Rules, 2006, now, all registered manufactures making supply of
specified taxable goods shall furnish in Annex-J of the monthly return, details of such goods manufactured or
produced and goods supplied using the prescribed unit of measurement.
SRO 485(I)/2015 DATED 30 JUNE 2015
Vide SRO 485(I)/2015 dated 30 June 2015, following changes have been made in the Sales Tax Special
Procedure (Withholding) Rules, 2007:
i.
Now, a withholding agent shall not deduct an amount equal to one-tenth of the total sales tax shown
on the sales tax invoice issued by person registered as petroleum dealer (dealer of motor spirit and
high speed diesel).
ii.
Previously, withholding was required at the time of making of payment. This has now been linked
with the purchase / purchase period, irrespective of payment in any subsequent month.
iii.
Previously, provisions of Sales Tax Special Procedure (Withholding) Rules, 2007 were not applicable
to the supplies of mild steel products, if made by a registered person. Now, provisions of these Rules
will not apply to registered persons paying sales tax under Chapter XI Special Procedure for
Payment of Sales Tax by Steel-Melters, Re-Rollers and Ship Breakers of the Sales Tax Special
Procedures Rules, 2007, except those paying sales tax on ad valorem basis at standard rate.
iv.
Withholding will now be required on purchase of products made from sheets of iron or non-steel
alloy, stainless steel or other alloy steel, such as pipes, almirahs, trunks etc., paper, in rolls or sheets,
plastic products including pipes.
SRO 484(I)/2015 DATED 30 JUNE 2015
Vide SRO 484(I)/2015 dated 30 June 2015, following amendments have been made in the Sales Tax Special
Procedures Rules, 2007:
1.
Chapter IX Special Procedure for Processing of Refund Claims filed by the Persons Engaged in
Making Zero-Rated Supply of Ginned Cotton has been omitted being redundant.
2.
Certain amendments have been made in Chapter XI Special Procedure for Payment of Sales Tax by
Steel-Melters, Re-Rollers and Ship Breakers as follows:
i.
These rules have also been made applicable to importers of re-meltable iron and steel scrap falling
under PCT Headings 7204.3000, 7204.4100 and 7204.4990, and of waste and scrap of compressor
falling under PCT Heading 7204.4940 and local suppliers of re-meltable iron and steel scrap.
ii.
Rate of sales tax has been increased from Rupees 7 to Rupees 9 per unit of electricity consumed.
iii.
Adjustable sales tax @ Rupees 5,600 per metric ton shall be levied and collected on import of remeltable iron and steel scrap whereas non-adjustable sales tax @ Rupees 5,600 per metric ton will
be levied and collected on import of waste and scrap of compressors. Further, local supplies of such
imported waste and scrap of compressor shall not be subject to sales tax.
iv.
Local supplies of re-meltable iron and steel scrap will be charged to sales tax @ Rupees 5,600 per
metric ton.
SALES TAX
v.
Steel melters may obtain adjustment of the sales tax paid on imported re-meltable iron and steel
scrap, against the sales tax payable through their electricity bills, in the manner prescribed by
Federal Board of Revenue through a general order.
vi.
Rate of sales tax for ship breakers has increased from Rupees 6,700 to Rupees 8,000 per metric ton.
vii.
Rate of sales tax for steel-melters and re-rollers operating on self generation through gas has been
increased as under:
Sales tax payable = {HM3 x Rupees 2,138 sales tax paid on gas bill}
viii.
Rate of sales tax for steel-melters and re-rollers operating on self generated electricity other than gas
has been increased as under:
Sales tax payable = mill size (in inches) x Rupees 58,446.
ix.
Sales tax invoices shall be issued by the registered persons for the products or category specified in
the Table below at the rates mentioned in the Table below:
S.
Invoices issued by and for or to
No.
By steel melters or composite units of melting, re-rolling and MS cold Rupees 8,047 per metric ton
drawing to registered re-rollers
By steel re-rollers, using ingots or billets of steel melters or composite Rupees 9,217 per metric ton
units of melting, re-rolling and MS cold drawing to registered persons
By re-rollers, using billets of Pakistan Steel Mills or Peoples Steel Rupees 8,092 per metric ton
Mills or Heavy Mechanical Complex or imported billets, to
registered persons
By re-rollers, using ship-plates and re-rollers scrap as raw material, to Rupees 9,170 per metric ton
registered persons
By persons supplying imported MS products, to unregistered persons Rupees 1,170 per metric ton
x.
The value of re-rollable scrap supplied by ship breakers, for the purpose of levy of sales tax, has been
increased from Rupees 39,412 to Rupees 47,059 per metric ton.
3.
Certain changes have been introduced in Chapter XII Special Procedure for Payment of Sales Tax by
Wholesaler-cum-Retail Outlets:
i.
The wholesaler-cum-retailer operating under this Chapter shall issue a sales tax invoice for the goods
subject to extra tax under Chapter XIII, if supplied to a registered person, for the purpose of claiming
input tax adjustment by the buyer.
ii.
The provisions of Section 73 of the Sales Tax Act, 1990 shall not affect the admissibility of input tax
adjustment where the wholesaler-cum-retailer receives consideration in cash against the supplies
made by him.
4.
After amendment in Chapter XIII Special Procedure for Payment of Extra Sales Tax on Specified
Goods, extra amount of sales tax so charged and collected by the registered manufacturers and importers
shall be declared in the monthly return against relevant supplies and shall be deposited without any
adjustment against the same.
withdrawal of powers of FBR to grant exemption from levy of FED through SROs (Section 16);
affixation of barcodes on goods sold by specified manufacturers or any other persons (Section 45A);
formation of Special Audit Panel to conduct audit of records and documents including audit of
refund claims and forensic audit, of any person registered under this Act (Section 46);
Aerated Waters
The rate of duty has been enhanced from 9% to 10.5% of retail price with effect from 01 July 2015.
Locally Produced Cigarettes
Duty on locally produced cigarettes has been enhanced as under:
S.
No.
Description of goods
Heading /
sub-heading
number
Revised
rate
24.02
10
24.02
This enhancement in duty on locally produced cigarettes is effective from 05 June 2015 due to SRO
481(I)/2015 dated 05 June 2015 which was rescinded through SRO 495(I)/2015 dated 01 July 2015 after
approval of Finance Act, 2015.
Description of goods
Rate of duty
56
5502.0090
Services of air travel for Hajj passengers, diplomats and Supernumerary crew (Heading / sub-heading
number 9803.1000);
OTHER LAWS
Islamabad Capital Territory (Tax on Services) Ordinance, 2001
The Provincial Government of Punjab, Sindh and Khyber Pakhtunkhwa have established respective
authorities to levy / collect sales tax on services. However, such services remained untaxed in Islamabad
Capital Territory (ICT). Hence, amendments have been made in Islamabad Capital Territory (Tax on Services)
Ordinance, 2001 to harmonise the tax regime on services on national basis. The list of services taxable in ICT
has been enlarged. Now, the services taxable under the Islamabad Capital Territory (Tax on Services)
Ordinance, 2001 are generally in line with the prevalent basis in the three other provinces.
Auditor-Generals (Functions, Powers and Terms and Conditions of Service) Ordinance, 2001
A new section 19A has been inserted whereby President has been empowered to appoint an independent
officer to audit sanctions to expenditure accorded by the Auditor-General. The Auditor-General shall
produce for inspection by that officer all books and other documents relating thereto and give him such
information as he may require for the purpose of audit.
Workers Welfare Fund Ordinance, 1971
Mutual funds and collective investment schemes including National Investment (Unit) Trust or REIT Scheme
have been excluded from the definition of 'industrial establishment' subject to Workers Welfare Fund under
the Workers Welfare Fund Ordinance, 1971.
Members of Parliament (Salaries and Allowances) Act, 1974
A member shall now be entitled to receive a salary at the rate of Rupees 36,423 per mensem. Previously, it
was Rupees 27,377 per mensem.
Previously, every member was provided during a year with such vouchers of the value of Rupees 300,000 as
would enable him to travel within Pakistan at any time without payment of any fare. Now, he can travel
within or outside Pakistan against such vouchers without payment of any fare by Pakistan International
Airlines or by Pakistan Railways.
CONTACT PARTNERS
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