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Income Tax Ordinance.
Income Tax Ordinance.
Income Year:
This concept refers to the income tax ordinance 1979. Basically income tax ordinance 2001 not
assigns any specify meaning to the income year however section 26(2) of the income tax
ordinance 1979 status that.
The financial year next preceding the assessment year (in Pakistan financial year starts
from 1st July and end on 30th June next.)
Any such period as the central Board of Revenue (FBR/CBR) may specify. The FBR/CBR
has an authority to specify any special any special income year.
Previous Year:
Previous year in relation to assessment year means income year in which any assessee earns his
income.
Tax Year:
Tax year shall be a period of twelve months ending on the 30th day of June and shall be denoted
by the calendar year in which the said date falls.
a) A person using normal tax year may apply to the commissioner to allow him to use any
special tax year.
b) A person using special tax year may apply to the commissioner to allow him to use any
another special tax year or normal tax year.
c) The commissioner shall grant permission subject to conditions, if any, only if the person
has shown a compelling need for the change,
d) If the application is rejected, the commission shall provide an opportunity of being heard
to the person and shall record in the order the reasons for such rejection. In this case the
person may file a review application to the FBR and the decision of the FBR shall be
final.
Total Income:
The total income of a person for a tax year shall be the sum of the person’s under each of
the heads of income for the year.
Taxable Income:
The taxable income of a person for a tax year shall be the total income of the person for
the year reduced (but not below zero)by the total of any deductible allowances of the
person for the year. Following deductions are allowed from total income to compute
taxable income:
(i) Zakat except the Zakat deducted from profit on debt under the head of "Income from
other sources".
(ii) Contribution to workers' Welfare Fund, Workers" Participation Fund.”
(iii)Donations (up to 30% of total income) to Sports Board organized by the Government for
promoting sports; Fatima Foundation Karachi; Citizens-Police Liaison Committee
Karachi; Shaheed Zulfiqar Ali Bhutto Memorial Society; Iqbal Memorial Fund; Shaukat
Khanum
From the desk of: Sir.Zaeem Farooqui 2
Memorial Trust Lahore; National Museums; National Libraries; Bagh-e-Quaid-e-Azam Project
Karachi; Relief or Welfare Fund established by the Federal Government.
Tax Payer:
Tax payer means any person who derives an amount chargeable to tax under this ordinance, and
includes:
Any representative of a person who derives an amount chargeable to tax under this ordinance
Any person who is required to deduct or collect tax under advance tax or deduction of tax at
source.
Any person required to furnish return of income or pay tax under this ordinance.
Person:
(1)The following shall be treated as person for the purpose of this ordinance namely;
(a)An individual.
(b)A company or AOP incorporated formed organized or established in Pakistan or elsewhere.
(c)The federal Government a foreign government, a political subdivision of a foreign
government, or public international organization.
(2)For the purpose of this ordinance:
(a)“AOP” includes a firm, a Hindu undivided family, any artificial juridical person and anybody
of persons formed under a foreign law, but does not include a company.
(b)“Company” means:
(vi) a foreign association, whether incorporated or not, which is the board has, by
general or special order, declared to be a company for the purposes of the
ordinance.
(vii) a Provisional Government.
(viii)a Local Government in Pakistan, or
(xi) a small company as defined in section 2;
(c) “Firm” means the relation between persons who have agreed to share the profits
of a business carried on by all or any of them acting for all.
(d) “Trust” means an obligation annexed to the ownership of property and arising out
of the confidence reposed in and accepted by the owner, or declared and accepted
by the owner for the benefit of another, or of another and the owner and includes a
unit trust; and
(e) “Unit Trust” means any trust under which beneficial interest divide into units such
that the entitlements of the beneficiaries to income or capital are determined by the
number of units held.
(a) ) a resident individual, resident company or resident AOP for the year
(b) the federal government
Resident Individuals:
An individual shall be a resident individual for a tax year if the individual
(a)) is present in Pakistan for a period of , or periods amounting in aggregate to 183 days or more
in the tax year or
(b)deleted
(c)) is an employee or official of the Federal Government or a provincial Government posted
abroad in the tax year.
Resident Company:
A company shall be a resident company for a tax year if-
Salary earned outside Pakistan shall be exempt if a citizen of Pakistan leaves Pakistan during a
tax year and remain abroad during that tax year section 51(2)
Agricultural Income:
Agricultural income means:
Any rent or revenue from land in Pakistan used for agricultural purposes
Any income from land situated in Pakistan from:
a) Agriculture
b) Performance or receiver of rent in kind of any agricultural process to render the pproduce
fit to be taken to market.
c) Sale of such produce in respect of which no process has been performed.
For the purpose of the imposition of tax and the computation of total income all income shall be
classified under the following heads namely;
(a)) Salary.
(b)Income for property.
(c)Income for business.
(d)Capital Gain.
(e)Income from Other sources.
Salary:
However salary may be taxed on accrual basis in the case of employee of a private company if
the commissioner is of the view that the payment of a salary was deferred [section 110]
It has been specified that any income taxed on receipt basis shall not became taxable again on
accrual basis and vice versa. Likewise, if any expenditure is deductible on due basis the same
shall not be deducted when it is paid and vice versa.
Definition of Salary:
Salary means any amount received by an employee from any employment whether of a revenue
or capital nature including;
(a)Pay, wages or remuneration, leave pay, leave encashment, overtime, bonus, commission, fee,
gratuity or work condition supplements such as for unpleasant or dangerous working
conditions.
(b)Perquisites
(c)Allowances including cost of living ,subsistence ,rent, utilities, education, entertainment or
travel allowance excluding any allowance solely expended for office purpose e.g. washing
Medical Allowance:
Value Of Perquisites:
1)For the purpose of computing of income of an employee for a tax year chargeable or tax under
the head “salary”, the value of any prerequisite provided by an employer to the employee in that
year that is included in the employee’s salary u/s 12 shall be determined in accordance with the
section.
2)This section shall not apply to any amount referred to in clause (c) or (d) sub-section (2) of
section 12.
3)Where in a tax year, a motor vehicle is provided by an employer to an employee wholly or
partly for the private use of the employee, the amount chargeable to tax to the employee under
the head “salary” for that year shall include an amount computed as may be prescribed.
4)Deleted.
5)Where in a tax year, the service of a house keeper, driver, gardener, or other domestic assistant
is provided by an employer to an employee, the amount chargeable to tax to the employee under
the head “salary” for that year shall include the total salary paid to the domestic assistant such
house keeper, driver, gardener, or other domestic assistant in that year for services rendered to the
employee, as reduced by nay payment made to the employer for such services.
Capital Gains:
A gain on the disposal of a capital asset other than gain that is exempt from tax in a tax year
shall be chargeable to tax under the head capital gains on accrual basis.
On disposal of the following capital assets, loss if any shall not be recognized but gain if any
is taxable subject to the holding period of capital asset[section38(5)]:
Capital gains shall be computed as consideration received less cost of the capital asset+
expenses incurred exclusively for earning capital gains.
Where taxable capital asset is held for more than one year then 25% of the capital gain is
exempt and 75% is taxable.
Non-Recognition Rules:
In the following modes of transfer of a capital asset, no capital gain or loss shall arise where
the recipient is a resident in Pakistan in the relevant tax year:
The recipient of the capital assets shall be treated to have acquired the capital asset at the
FMV at the time of such transfer.
Return of Income:
Persons Required to Furnish a Return:
The return of income tax in prescribed form, accompanied by
prescribed documents, containing all specified information, and signed
by the person or the person's representative
shall be furnished by the following persons: a)Every company
b)Every person (other than company)who earn taxable income c)Any
non-profit organization as defined in the ordinance
d) Any welfare institution approved in the Ordinance
e) Any other person, who (i) has been charged to tax in respect of any of
the two preceding years
(ii) claims a loss carried forward (iii) owns immoveable property with
land area of 250 square yards or more, or owns a flat within municipal
limits or cantonment areas or Islamabad Capital Territory
f) Salaried person who claims refund, or earns any other income
The Commissioner may require a person or a person representative, as
the case may be, to furnish a return of income, where-the person (i)has
died; (ii) has become bankrupt;(iii)is to leave Pakistan permanently: or
where it is considered appropriate by the Commissioner
Assessment:
Where a tax payer has furnished a complete return of income (i) the
Commissioner shall be taken to have made an assessment of taxable
income, and (ii) the However the Commissioner may select a person
for an audit of his income tax affairs.
Where the return of income is not complete, the commissioner shall
issue a notice to the tax payer informing him of the deficiencies and
directing him to provide such information or documents.
From the desk of: Sir.Zaeem Farooqui
Where the tax payers comply fully by the date specified in the notice,
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the return furnished shall be treated to be complete on the day it was
furnished. Where the tax payer fails to fully comply
by the treated as invalid as if it had not been furnished. Notice cannot be issued after the end of
financial year in which return was furnished.
Whereas person fails to furnish a return of income or to provide required information or
documents, the Commissioner may base on the available information and material and to the best
of his judgment make an assessment. After making assessment the Commissioner shall as soon
as possible issue assessment order to the tax payer stating-(i) the taxable income;(ii) the amount
of tax sue;(iii) the amount of tax paid, if nay; and (iv) the time, place and manner of appealing
the assessment order. Assessment order can be issued within five years after the end of the tax
year.
FBR/CBR are the highest authority within the frame work of income tax
ordinance. It enjoys several powers and performs certain functions
under certain functions under the ordinance .the FBR/CBR, beside
others, is empowered to:
Section 2[65] defines the powers of income tax officer which delegated to him either by
commissioner of income tax (CIT) for regional commissioner of income tax (RICT) some of
these powers are as follows:
All Above function are granted by tax officer from (CIT) (Commissioner of income Tax) or
(RICT)(Regional Commissioner of income tax) under section 210 of the income tax
ordinance.
“The more that you read, the more things you will know. The more that
you learn, the more places you'll go. I am not a teacher, but an
awakener.”