Pkrevenue.com

Author: Mrs. Anjum Shahnawaz

  • FBR advised adopting zero tolerance policy against delaying taxpayers’ applications

    FBR advised adopting zero tolerance policy against delaying taxpayers’ applications

    ISLAMABAD: Federal Tax Ombudsman (FTO) has suggested the Federal Board of Revenue (FBR) to adopt zero tolerance policy against delaying processing of taxpayers’ applications.

    The FTO in its news letter for October – December 2019, said that the FBR should introduce zero tolerance policy for delay in processing of applications and talking plea of verification to defend delay in cases which exceed prescribed time limit for finalization.

    The FTO advised following set of proposals for consideration by the FBR to evolve a comprehensive plan to:

    — Develop software for system generated notices about shortcomings in documents, to be intimated to applicants immediately on receipt of refund application. It should also be ensured that notices are properly served on complaints.

    — Observe the due process of law in creation of demand. Prohibit decision without hearing, unless the concerned officer certifies with evidence, in his order, that notice was properly served but the taxpayer is avoiding to attend the hearing despite at least three giving hearings.

    — Process the verification etc as soon as application is received, before intervention of FTO.

    — Hold the person accountable, who prepares, signs and countersigns the comments/replies, which are factually incorrect or irrelevant.

    — Ensure that comments/replies to the FTO are verified by countersigning officers and the departmental representatives appear for hearing after full preparation and consulting the records.

    — Hold the chief commissioner/chief collectors accountable for promptly settling the jurisdictional issues.

    — Ensure cessation of harassment by opening a case which is under investigation, and requirement of specific permission from the chief commissioner for re-opening of old cases after giving reasons of having not opened the case before the taxpayer filed a complaint.

    — Issue directions for observance of office procedures to ensure that the documents received are properly preserved and maintained.

    — Pay attention to requests of aggrieved persons when they visit for pursuing their cases, by establishing help/complaint desk near main gate of offices. A senior officer should daily check the complaints for appropriate action.

    — Implement inspection regime of offices by senior officers to check pendency and other apparent irregularities.

  • FBR sets up special assessment circle for builders, developers

    FBR sets up special assessment circle for builders, developers

    KARACHI: Federal Board of Revenue (FBR) has launched monitoring of sale and purchase in real estate sector by establishing dedicated zone for assessing developers and builders.

    Sources in the FBR said that cases of builders and developers had been transferred to special circular established at Large Taxpayers Unit (LTU)-II, Karachi.

    According to an official order made available to PkRevenue.com all the cases of tax offices in Sindh and Balochistan had been transferred to the newly established circle.

    The sources said that the developers and builders were enjoying the final tax regime for the past several years.

    However, through Finance Act, 2017 the taxation of such segments of taxpayers brought under documented economy.

    These taxpayers will now require filing true declarations and also providing details of transactions made with their clients.

    The special circle will conduct detailed audit of those taxpayers besides obtaining details of buyers.

    According to the official order, the special circular for builders and developers established at the LTU-II Karachi would have jurisdiction over those cases which were earlier with the LTU Karachi, Corporate Regional Tax Office (CRTO) Karachi, RTO-II Karachi, RTO-III Karachi, RTO Hyderabad, RTO Sukkur, RTO Quetta and all cases of builders and developers presently assessed in LTU-II Karachi.

    The FBR also notified setting up special circles at Islamabad and Lahore. The Islamabad circle will have jurisdiction over cases in Islamabad, Abbotabad, Peshawar, Rawalpind, Faisalabad, Gujranwala, Sargodha and Sialkot.

    Further, the Lahore circle shall have jurisdiction over cases in LTU Lahore, CRTO Lahore, RTO-II Lahore, RTOs in Multan, Sahiwal and Bhawalpur.

  • Motor vehicle tax rates applicable in Sindh

    Motor vehicle tax rates applicable in Sindh

    KARACHI: Following are the motor vehicle tax rates issued by Sindh Excise and Taxation Department for various categories of locally manufactured vehicles.

    (a) i)

    ii) Motorcycle/Scooter not already registered not more than 149 cc

    Motorcycle/Scooter 150cc and above: Rs. 1800/- once for all

    Rs. 3000 once for all

    (b) Motorcycle/Scooter already registered and since first registration, the vehicle 

    i Has not completed 5 years Rs. 600/- once for all or Rs. 80/- per annum

    ii Has completed 5 years but not completed 10 years Rs.300/- once for all or Rs.80/- per annum

    iii Has completed 10 years but not completed 15 years Rs. 100/- once for all or Rs. 80/- per annum

    (c) i Motor cars/Jeeps etc (Non-Commercial) having engine capacity up to 1000cc not already registered Rs.20000/-once for all

    ii Motor cars /jeeps etc (Non-Commercial) having engine capacity upto 1000 cc already registered having up to tax payment and since first registration the vehicles

    a) Has completed 5 years but not completed 5 years  

    Rs.15,000

    Following are the luxury tax for the imported vehicles at the time of registration:

    S no. Category of Motor Vehicle Rate of Fee

    1 Imported motor Cars with the engine Capacity from 3000 CC & above Rs.150,000/-

    2 Imported motor Cars with the engine Capacity from 2000 CC to 2999 CC Rs.75,000/-

    3 Imported motor Cars with the engine Capacity from 1500 CC to 1999 C Rs.5000/-

    4 Locally manufactured or assembled motor cars with engine capacity from 1500 CC and Above Rs.5000/-.

  • FBR to issue procedure to document non-duty paid fast moving consumer goods

    FBR to issue procedure to document non-duty paid fast moving consumer goods

    ISLAMABAD: Federal Board of Revenue (FBR) will issue procedure for documenting smuggled and non-duty paid fast moving consumer goods (FMCG).

    In a tweet message on Saturday, FBR Chairman Syed Shabbar Zaidi said that the FBR was working in developing a ‘expeditious settlement’ of ‘non duty paid’ fast moving consumer goods available in the market.

    He said that the tax machinery would release details next week.

    “The purpose is to facilitate businessmen and improve documentation without disturbing business confidence,” he added.

    Recently, teams constituted by the FBR conducted physical survey of main markets and shopping centers/plazas to identify the presence of non-duty paid and smuggled goods.

    The FBR teams inspected imported products including garments, cosmetics, watches, toys, gift items, batteries, cigar, leather goods, designer bags etc.

    The sources said that the teams had identified smuggled and non-duty paid goods at big retails outlets.

    The FBR on August 17, 2019 decided to launch monitoring the presence of smuggled goods in main shopping markets across the country from this month. It was also decided to launch the monitoring by joint teams of Inland Revenue and Pakistan Customs.

    The Overseas Investors Chamber of Commerce and Industry (OICCI) recently in a letter to the FBR chairman the chairman highlighted the magnitude of smuggled/illegal goods.

    “There is not a single study to identify the complete magnitude of illegal trade in Pakistan but it is estimated that approximately 60 percent of the total demand for products of over half a dozen sectors of the formal economy, including petroleum, tea, mobile phones and auto parts industry, is met only through smuggling.”

    It said that bulk quantity of illegal/smuggled goods is available and these goods were mainly affecting sectors including petroleum, tea, mobile phones and auto parts industry.

    Highlighting the impact of illegal trade, the OICCI said: “virtually all major organized crime groups are not involved in the trade, resulting from huge profits but little risk, and whilst utilizing the services of children and slave labor.”

    These groups do not pay taxes, nor do they pay fair wages, and there is zero traceability of funds generated from the trade and their eventual disposition, the OICCI said, added: “More often than not, these funds may be redirected to terrorism, and money laundering.”

  • Draft law for collecting income tax from small shopkeepers

    Draft law for collecting income tax from small shopkeepers

    ISLAMABAD: Federal Board of Revenue (FBR) has drafted special procedure for collection of income tax from small shopkeepers.

    FBR sources said that an agreed mechanism between the FBR and small traders would be implemented from next week.

    They said that it would be another big achievement of the tax agency after convincing the banks for sharing information of account holders.

    The share of retailers in income tax collection is very low when compared with their contribution towards the national GDP.

    The sources said that on October 30, 2019 the agreement was finalized between the FBR and small traders for the collection of income tax and also to remove procedural glitches.

    According to draft law the small shopkeeper means an individual where the business is carried out at a premises having covered area less than 300 square feet.

    The small business owners will not include in the definition of small shopkeeper if he is engaged in the activity of a jeweler, wholesale, warehouse, real estate agent, builder and developer, doctor, lawyer, chartered accountant or any other category specified by the Board, a retailer operating as a unit of a national or international chain of stores, a retailer operating in an air-conditioned shopping mall, plaza or center, a retailer who has a credit or debit card machine, any person whose cumulative electricity bill exceeds Rs300,000 in the immediately preceding twelve months; and any person covered under section 99C of the Income Tax Ordinance, 2001.

    As per the draft law the small shopkeepers will be liable to pay income tax biannually.

    The FBR will not conduct examination and audit of small shopkeepers. Further, shopkeepers will also not liable to collect withholding tax.

    The sources said that the rate of tax likely be notified next week. They said whatever tax rate is agreed the tax payment will be increased by Rs5,000 annually.

    The FBR will also notify simple income tax return form for small shopkeepers, which will be filed for tax year 2019 onwards.

  • Immovable property purchase above Rs5 million not allowed other than banking channel

    Immovable property purchase above Rs5 million not allowed other than banking channel

    KARACHI: Any immovable property purchased through cash or bearer instruments will liable to penalty of five percent of the total value of immovable property, sources in Federal Board of Revenue (FBR) said on Saturday.

    The sources said that a restriction had been imposed on the purchase of immovable property over Rs5 million through cash or bearer cheque.

    They said that any person who purchases immovable property having fair market value greater than rupees five million through cash or bearer cheque then such person shall pay a penalty of five percent of the value of property determined by the FBR under sub-section (4) of section 68 or by the provincial authority for the purpose of stamp duty, whichever is higher.

    The sources said that through Finance Act 2019 a Section 75A was inserted to Income Tax Ordinance, 2001, under which purchases of assets had been mandatory through banking channels.

    According to the section, no person shall purchase:

    (a) immovable property having fair market value greater than five million Rupees; or

    (b) any other asset having fair market value more than one million Rupees,

    otherwise than by a crossed cheque drawn on a bank or through crossed demand draft or crossed pay order or any other crossed banking instrument showing transfer of amount from one bank account to another bank account.

    For the purposes of this section in case of immovable property, fair market value means value notified by the Board under sub-section (4) of section 68 or value fixed by the provincial authority for the purposes of stamp duty, whichever is higher.

    In case the transaction is not undertaken:

    (a) such asset shall not be eligible for any allowance under sections 22, 23, 24 and 25 of this Ordinance; and

    (b) such amount shall not be treated as cost in terms of section 76 of this Ordinance for computation of any gain on sale of such asset.

  • Taxpayers should file true declarations to avoid 100 percent penalty

    Taxpayers should file true declarations to avoid 100 percent penalty

    KARACHI: The tax laws have explained that any false or misleading statement will liable to penalty of 100 percent of the amount of tax short paid.

    Officials at the Federal Board of Revenue (FBR) said that taxpayers should ensure correct and true entries in their income tax returns and wealth statement while filing their income tax returns for tax year 2019.

    The last date for filing income tax returns for tax year 2019 is December 16, 2019.

    According to Income Tax Ordinance, 2001, any person who –

    (a) makes a false or misleading statement to an Inland Revenue Authority either in writing or orally or electronically including a statement in an application, certificate, declaration, notification, return, objection or other document including books of accounts made, prepared, given, filed or furnished under this Ordinance;

    (b) furnishes or files a false or misleading information or document or statement to an Income Tax Authority either in writing or orally or electronically;

    (c) omits from a statement made or information furnished to an Income Tax Authority any matter or thing without which the statement or the information is false or misleading in a material particular.

    Such person shall pay a penalty of twenty five thousand rupees or 100 percent of the amount of tax shortfall whichever is higher:

    Provided that in case of an assessment order deemed under section 120, no penalty shall be imposed to the extent of the tax shortfall occurring as a result of the taxpayer taking a reasonably arguable position on the application of this Ordinance to the taxpayers’ position.

  • Weekly Review: market likely to continue positive momentum

    Weekly Review: market likely to continue positive momentum

    KARACHI: The stock market likely to continue its positive momentum next week on the back of continuous improvement in the macroeconomic situation of the country.

    Analysts at Arif Habib Limited said that foreign interest in the equity as well as debt markets posits healthy signs for overall investment climate going forward.

    The KSE-100 index is currently trading at a PER of 7.1x (2020) compared to Asia Pac regional average of 13.4x and while offering DY of around 7.9 percent versus around 2.6 percent offered by the region.

    Trading in the green continued this week as the index continued its bullish momentum as the banking sector led the charge this week.

    The current week saw Moody’s changing its outlook on Pakistan from “Negative” to “Stable” on account of improving external account position of the country on the back of the government’s corrective measures.

    This was followed by up-gradation of outlook to “stable” for the Big 5 banks, spurring buying activity in the banking sector.

    Trade deficit data came this week as well which once again saw an improvement, declining 36 percent YoY during November 2019.

    Consolidation of the country’s reserves continued, as SBP reserves touched an 8 month high at USD 9.1 billion. The KSE-100 Index settled at 40,732 points (up 1445 points WoW).

    Sector-wise positive contributions came from i) Commercial banks (645 points), ii) Oil & Gas Marketing (131 points), and iii) Power Generation & Distribution (97 points) iv) E&P (84 points), and v) Insurance (79 points). Scrip-wise positive contributions were led by HBL (155 points), MCB (144 points), UBL (87 points), BAFL (78 points) and HUBC (75 points).

    Foreign buying was witnessed this week clocking-in at USD 1.1 million compared to a net sell of USD 8.1 million last week. Buying was witnessed in Fertilizer (USD 8.4 million) and OMCs (USD 2.2 million).

    On the domestic front, major selling was reported by Banks / DFIs (USD 22.3 million) and Other Organization (USD 3.3 million). Average Volumes settled at 465 million shares (up by 34 percent WoW) while average value traded clocked-in at USD 105 million (up by 31 percent WoW).

  • FTO committee expresses distress over tax recovery from bank accounts

    FTO committee expresses distress over tax recovery from bank accounts

    ISLAMABAD: The advisory committee of the Federal Tax Ombudsman (FTO) has expressed distress over attachment of bank accounts and coercive recovery by Federal Board of Revenue (FBR) from bank accounts of taxpayers.

    A meeting of the advisory committee of the FTO was held recently and discussed various issues related to refunds and coercive recovery of the FBR from bank accounts of taxpayers, according to the FTO new letter issued last month.

    The committee expressed great distress about the attachment of bank accounts and coercive recoveries. The participants suggested that attachment of accounts may be affected only after Tribunal’s decision.

    On the issue of refunds, the participants observed following:

    Delayed refund is a serious issue which continuously poses challenge to the survival of business community.

    Refund amount should be paid after two stages of appeals in favor of taxpayer, even if department then goes to reference before the higher court.

    An online system for tracking of refund by claimants should be put in place by FBR.

    A system of adjustment of refund in the next return should be devised to get rid of the chronic issue of delayed refund.

    Even after verification of claim, cheques are not issued in time.

    The refund payment system ought to be dovetailed with magnitude of amount as 70-75 percent of refunds fall in the category of up to Rs100,000 only and need automated settlement.

    Compensation for delayed refunds should be ensured as delayed has its own cost.

    Regarding assessment by the tax officials, the FTO advisory committee observed following:

    Arbitrary, coercive and malafide assessment is the root cause of all subsequent tax maladministration and victimization of business community.

    There is no accountability on arbitrary, coercive and malafide assessment.

    There should be some check on the quality of assessment made by an assessing officer.

    At times undated orders are issued.

  • SECP issues qualified capital criteria for NBFCs

    SECP issues qualified capital criteria for NBFCs

    ISLAMABAD: The Securities and Exchange Commission of Pakistan (SECP) on Friday issued criteria for qualified capital and its terms and condition for Non-Banking Finance Companies (NBFCs).

    The criteria have been issued for those NBFCs which exclusively in the business of issuance of guarantees to enhance the quality debt instruments issued to finance infrastructure projects in Pakistan, namely:

    Qualified capital means the aggregate of callable capital and contingent capital (including any drawdown threunder);

    Explanation: For the purpose of this clause the expressions:

    i. Callable Capital means share capital that, in terms of written agreement entered into between the NBFC and sponsor, shareholder and/or investor, as the case may be, is agreed to be subscribed on the following terms and conditions:

    a. the shares shall be fully subscribed over a period of 24 months from the date of the written agreement;

    b. during the subscription period specified in sub-clause (a), the obligation to subscribe to shares shall be irrevocable and on demand, at the sole discretion of the NBFC; and

    c. the subscription obligation shall be secured by a bank guarantee or standby letter for credit from a commercial bank rated AAA or higher by a credit rating agency registered with the commission;

    ii. Contingent Capital means long term commitment for finance that, in terms of a written agreement entered into between the NBFC and a Qualified Financial Institution(s), is provided as a second loss facility on the following terms and conditions:

    a. at any time, the contingent capital, in aggregate, shall not exceed one and a half times of the sum of paid up share capital and callable capital of the NBFC;

    b. the commitment shall, in accordance with the terms thereof, be irrevocable, confirmed and fully committed;

    c. the long term commitment and the finance thereunder shall be available on a revolving basis;

    d. the finance under the commitment shall be callable and demand upon a capital event and the sole discretion of the NBFC or on a direction by the Commission (after giving the NBFC a reasonable opportunity of a hearing), which shall be binding on the NBFC; and

    e. the commitment shall be replaced by the NBFC if the financing entity ceases to be a qualified financial institution;

    iii. Qualified Financial Institution means a local or a international or multilateral financial institution rated AAA by a credit rating agency registered with the Commission;

    iv. Capital Event means the depletion of the equity (after the callable capital has been completely drawn down by the NBFC) of the NBFC.

    Terms and Conditions:

    i. The NBFC shall not take any exposure against the qualified capital unless it has obtained a certificate from its statutory auditor that all the requirements have been complied with;

    ii. The certificate shall be supported by a legal opinion from a reputed law firm and a copy of the certificate along with the legal opinion shall be submitted to the commission: and

    iii. With regard to its qualified capital, the NBFC, in relevant notes to its financial statements, shall make disclosures, which are necessary for the users to understand its salient features.