Category: Exclusive

Amnesty shows 91pc assets declarants are registered

ISLAMABAD: The Amnesty Scheme 2018 has shown the 91 percent tax dodgers, who availed the scheme for declaring undisclosed foreign assets were registered with tax department.

According to presentation of the finance ministry on the previous tax amnesty scheme, the analysis showed around 6,195 persons availed the scheme to declare foreign assets.

It revealed that out of total declarants of foreign assets around 5,625 were already income tax return filers and registered with the Federal Board of Revenue (FBR).

Only 570 declarants of foreign assets were those who had file their returns for the first time.

In the last scheme black money/undeclared assets of around Rs1,060 billion was whitened out of that declaration the FBR got only Rs47 billion as tax revenue. The average tax rate to document the undisclosed foreign assets was 4.43 percent.

Only Rs6.42 billion worth foreign assets were repatriated under the amnesty scheme. While another Rs3.34 billion was investment into the government securities availing the amnesty scheme.

The finance ministry said that amnesty scheme 2018 for undisclosed foreign assets was mostly availed by filers.

Foreign amnesty scheme declaration showed 25 percent declarations in immovable properties mainly in UAE, UK and Canada.

It also revealed that people preferred to keep money outside Pakistan.

The documentation of domestic assets/cash declared under the amnesty scheme 2018 was stood at Rs1,503 billion by 76,952 persons. The FBR received an amount of Rs75 billion as tax revenue.

Interestingly, the quantum of black money invested in prize bonds and cash was 65 percent out of domestic assets that was whitened under the amnesty scheme.

The analysis showed that local scheme was primarily used for money whitening. It is further identified that amnesty did not lead to higher number of tax payments for return for return of tax year 2018.

It said that undisclosed properties and bank accounts still remain largely undisclosed.

April 13, 2019
RTO Karachi recommends revival of minimum tax for commercial importers in budget 2019/2020

KARACHI: Regional Tax Office (RTO) – II Karachi has recommended revival of minimum tax regime for commercial importers in the budget 2019/2020.

According to budget proposals sent to Federal Board of Revenue (FBR), the RTO-II Karachi recommended that Final Tax Regime for commercial importers should be withdrawn as it was creating distortion in the taxation system.

Sources said the FBR had been asked that the scope of Minimum Tax Regime (MTR) should be extended to commercial importers under Section 148 of the Income Tax Ordinance 2001 and for of goods under Section 153(I) and execution of contracts under section 153(1)(c) and Section 233 of the ordinance.

The RTO-II said that presently, the entire FTR sector, especially the commercial importers (by paying more six percent of tax), are at liberty to declare imputable income of their choice to explain assets or expenses.

This provision would bring them at par with other taxpayers, who do not enjoy this luxury, the FBR informed.

The RTO-II Karachi proposed concept of imputable income from FTR receipts: Section 169(4) which was ommitted through Finance Act 2004 may be re-incorporated in law.

This proposals should be made part of the budget in order to discourage those taxpayers who take undue benefit of provisions of law related to final tax regime and whiten those assets / incomes as well which are not from FTR recipts.

April 13, 2019
Sales Tax Act 1990: exemption on domestic supplies, imports

KARACHI: The government has allowed exemption on supply of goods and import of goods falling in the Sixth Schedule of Sales Tax Act, 1990.

Section 13 of updated Sales Tax Act, 1990 issued by Federal Board of Revenue (FBR), explained the exemptions on domestic supplies and imported goods.

Section 13: Exemption

Sub-Section (1): Notwithstanding the provisions of section 3, supply of goods or import of goods specified in the Sixth Schedule shall, subject to such conditions as may be specified by the Federal Government, be exempt from tax under this Act.

Sub-Section (2): Notwithstanding the provisions of sub-section (1) –

(a) the Federal Government may, 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, multilateral agreements and matters relating to international financial institutions or foreign government-owned financial institutions by notification in the official Gazette, exempt any taxable supplies made or import or supply of any goods or class of goods, from the whole or any part of the tax chargeable under this Act, subject to the conditions and limitations specified therein;

Sub-Section (3): The exemption from tax chargeable under sub-section (2) may be allowed from any previous date specified in the notification issued under clause (a).

Sub-Section (4): omitted

Sub-Section (5): omitted

Sub-Section (6): The Board shall place before the National Assembly all notifications issued under this section in a financial year.

Sub-Section (7): Any notification issued under sub-section (2), after 1st July, 2015 shall, if not earlier rescinded, stand rescinded on the expiry of the financial year in which it was issued:

Provided that all such notifications, except those earlier rescinded, shall be deemed to have been in force with effect from the 1st July, 2016 and shall continue to be in force till the 30th June, 2018, if not earlier rescinded:

Provided further that all notifications issued on or after the first day of July, 2016 and placed before the National Assembly as required under sub-section (6) shall continue to be in force till thirtieth day of June, 2018, if not earlier rescinded by the Federal Government or the National Assembly.

April 13, 2019
FBR announces major reshuffle; transfers 41 customs officers of BS-17-18

ISLAMABAD: Federal Board of Revenue (FBR) on Friday announced major reshuffle in Pakistan Customs Service (PCS) and transferred and posted 41 officers of BS17 and BS-18 with immediate effect and until further order.

The FBR notified transfers and postings of following officers:

01. Ms. Tayyaba Bukhari (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Collector, Model Customs Collectorate of Appraisement, Lahore from the post of Deputy Director, Directorate of Input Output Coefficient Organization (North), Lahore.

02. Khaldun Ul Haq (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Collector, Model Customs Collectorate, Gilgit-Baltistan from the post of Deputy Director, Directorate General of Intelligence & Investigation, FBR, Islamabad.

03. Mohammad Rehan Akram (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Collector, Model Customs Collectorate of Appraisement, Lahore from the post of Deputy Director, Directorate of Reforms and Automation (Customs), Karachi.

04. Muhammad Azam (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Director, Directorate General of Transit Trade, Karachi from the post of Deputy Director, Directorate of Intelligence & Investigation-FBR, Quetta.

05. Ms. Nazia Saleem (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Collector, Model Customs Collectorate, Islamabad from the post of Deputy Collector, Model Customs Collectorate of Appraisement, Lahore.

06. Wahaj Saghir (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Collector, Model Customs Collectorate, Gilgit-Baltistan from the post of Deputy Director, Directorate General of Transit Trade, Karachi.

07. Asfand Yar Khan (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Director, Strategic Control Division, Ministry of Foreign Affairs, Islamabad from the post of Deputy Collector, Model Customs Collectorate, Gilgit-Baltistan

08. Abdul Qudoos (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Collector, Model Customs Collectorate of Preventive, Quetta from the post of Deputy Director, Directorate General of Customs Valuation, Karachi.

09. Ms. Sadia Usman (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Director, Directorate of Intelligence & Investigation,FBR, Rawalpindi from the post of Deputy Collector, Model Customs Collectorate, Islamabad

10. Tariq Mashkoor (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Collector, Model Customs Collectorate of Exports (Port Muhammad Bin Qasim), Karachi from the post of Deputy Director, Directorate of Input Output Coefficient Organization (South), Karachi.

11. Nawabzada Kamran Khan Jogezai (Pakistan Customs Service/BS-17) has been transferred and posted as Deputy Director, (OPS) Directorate General of Post Clearance Audit, Islamabad from the post of Deputy Director, (OPS) Directorate General of Internal Audit (Customs), Islamabad.

12. Ms. Maryam Khalid (Pakistan Customs Service/BS-17) has been transferred and posted as Assistant Collector, Model Customs Collectorate, Islamabad from the post of Deputy Director, (OPS) Strategic Control Division, Ministry of Foreign Affairs, Islamabad.

13. Ghulam Muhammad (Pakistan Customs Service/BS-17) has been transferred and posted as Deputy Director, (OPS) Directorate General of Customs Valuation, Karachi from the post of Deputy Collector, (OPS) Model Customs Collectorate of Exports (Port Muhammad Bin Qasim), Karachi.

14. Malik Muhammad Ahmed (Pakistan Customs Service/BS-17) has been transferred and posted as Assistant Collector, Model Customs Collectorate, Gwadar from the post of Assistant Collector, Model Customs Collectorate of Port Muhammad Bin Qasim, Karachi.

15. Muhammad Ibrahim (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Collector, Model Customs Collectorate of Appraisement, Quetta from the post of Deputy Collector, Model Customs Collectorate, Quetta.

16. Asim Rehman (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Collector, Model Customs Collectorate of Preventive, Quetta from the post of Deputy Collector, Model Customs Collectorate, Quetta.

17. Muhammad Faisal (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Collector, MCC of JIAP, Karachi from the post of Deputy Collector, Model Customs Collectorate of Preventive, Karachi.

18. Junaid Mahmood (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Collector, Model Customs Collectorate of Appraisement, Quetta from the post of Deputy Collector, Model Customs Collectorate, Quetta.

19. Dr. Tahir Iqbal Khattak (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Collector, Model Customs Collectorate of Appraisement, Peshawar from the post of Deputy Collector, Model Customs Collectorate, Peshawar.

20. Imran Afzal (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Collector, MCC of JIAP, Karachi from the post of Deputy Collector, Model Customs Collectorate of Preventive, Karachi.

21. Maqbool Ahmad (Pakistan Customs Service/BS-17) has been transferred and posted as Deputy Collector, (OPS) Model Customs Collectorate of Appraisement, Quetta from the post of Deputy Collector, (OPS) Model Customs Collectorate, Quetta.

22. Najeeb Arjumand (Pakistan Customs Service/BS-17) has been transferred and posted as Deputy Collector, (OPS) Model Customs Collectorate of Preventive, Peshawar from the post of Deputy Collector, (OPS) Model Customs Collectorate, Peshawar.

23. Waseem Feroz (Pakistan Customs Service/BS-17) has been transferred and posted as Assistant Collector, MCC of JIAP, Karachi from the post of Assistant Collector, Model Customs Collectorate of Preventive, Karachi.

24. Shah Faisal (Pakistan Customs Service/BS-17) has been transferred and posted as Assistant Collector, Model Customs Collectorate of Preventive, Quetta from the post of Assistant Collector, Model Customs Collectorate, Quetta.

25. Syeda Sadaf Ali Shah (Pakistan Customs Service/BS-17) has been transferred and posted as Assistant Collector, Model Customs Collectorate of Appraisement, Peshawar from the post of Assistant Collector, Model Customs Collectorate, Peshawar.

26. Asma Javed Paracha (Pakistan Customs Service/BS-17) has been transferred and posted as Assistant Collector (Prob), Model Customs Collectorate of Appraisement, Peshawar from the post of Assistant Collector (Prob), Model Customs Collectorate, Peshawar.

27. Akmal Shahzad (Pakistan Customs Service/BS-17) has been transferred and posted as Assistant Collector, Model Customs Collectorate of Appraisement, Quetta from the post of Assistant Collector, Model Customs Collectorate, Quetta.

28. Sajid Khan (Pakistan Customs Service/BS-17) has been transferred and posted as Assistant Collector (Prob), Model Customs Collectorate of Preventive, Peshawar from the post of Assistant Collector (Prob), Model Customs Collectorate, Peshawar.

29. Rana Umair Arshad (Pakistan Customs Service/BS-17) has been transferred and posted as Assistant Collector (Prob), Model Customs Collectorate of Preventive, Quetta from the post of Assistant Collector (Prob), Model Customs Collectorate, Quetta.

30. Nadeem Ahmed (SuperintendentC/BS-17) on promotion has been transferred and posted as Assistant Director, Directorate General of Customs Valuation, Karachi from the post of Superintendent, Large Taxpayers Unit, Karachi.

31. Mumtaz Khan (SuperintendentC/BS-17) on promotion has been transferred and posted as Assistant Director, Directorate of Intelligence & Investigation, FBR, Peshawar from the post of Superintendent, Model Customs Collectorate, Peshawar.

32. Muhammad Nazarul Hassan (SuperintendentC/BS-17) on promotion has been transferred and posted as Assistant Director, Directorate of Input Output Coefficient Organization (South), Karachi from the post of Superintendent, Large Taxpayers Unit, Karachi.

33. Muhammad Zahid Khan (SuperintendentC/BS-17) on promotion Assistant Director, Directorate of Transit Trade, Peshawar from the post of Superintendent, Model Customs Collectorate, Peshawar.

34. Muhammad Javed Mehmood (SuperintendentC/BS-17) on promotion has been transferred and posted as Assistant Director, Directorate of IPR Enforcement (Central), Lahore from the post of Superintendent, Model Customs Collectorate, Faisalabad.

35. Muzaffar Ali Rizvi (PAC/BS-17) on promotion has been transferred and posted as Assistant Collector, Model Customs Collectorate of Port Muhammad Bin Qasim, Karachi from the post of Principal Appraiser, Model Customs Collectorate of Appraisement (East), Karachi.

36. Israr Hussain (PAC/BS-17) on promotion has been transferred and posted as Assistant Collector, Model Customs Collectorate, Islamabad from the post of Principal Appraiser, Model Customs Collectorate, Islamabad.

37. Syed Shahid Hussain Rizvi (PAC/BS-17) on promotion has been transferred and posted as Assistant Director, Directorate General of Transit Trade, Karachi from the post of Principal Appraiser, Model Customs Collectorate, Gwadar.

38. Riaz Hussain Bhatti (PAC/BS-17) on promotion has been transferred and posted as Assistant Director, Directorate of Post Clearance Audit, Lahore from the post of Principal Appraiser, Model Customs Collectorate of Appraisement, Lahore.

39. Saleem Yosuf (PAC/BS-17) on promotion has been transferred and posted as Assistant Collector, Model Customs Collectorate of Exports, Custom House, Karachi from the post of Principal Appraiser, Directorate of Intelligence & Investigation, FBR, Karachi.

40. Ishtiaq Ahmed (PAC/BS-17) on promotion has been transferred and posted as Assistant Director, Directorate of IPR Enforcement (North), Islamabad from the post of Principal Appraiser, Model Customs Collectorate, Islamabad.

41. Muhammad Saleem (SPSC/BS-17) on promotion has been transferred and posted as Assistant Director, Directorate of Internal Audit (Customs), Karachi from the post of SPS, Model Customs Collectorate of Preventive, Karachi.

The FBR said that the officers who are drawing performance allowance prior to issuance of this notification shall continue to draw this allowance on the new place of posting.

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April 12, 2019
Main features of Amnesty Scheme 2019

KARACHI: The government may launch a new tax amnesty scheme 2019 on April 15 for allowing undeclared local and domestic assets to become part of documented economy.

The main features of the draft amnesty scheme, included:

– Benami assets

– Sales Tax and Federal Excise Duty

– mandatory return filing

– allowing balance sheet revision

– litigation cases would also be allowed

– amnesty to banking transaction will require cash to be put in bank accounts

– there will be limit on gold declaration

– Bank credits in last five years included

– the amnesty will have higher valuation

– this amnesty will have higher rates.

The draft of amnesty scheme also explained persons qualified:

According to it all companies and individuals except: holders of public office since January 01, 2000, their spouses, children, brothers and sister or lineal ascendant or descendant.

Proceeds derived for commission of a criminal offence would be excluded for amnesty.

Cases pending before a court of law would be allowed with the exception of older pending litigation.

April 12, 2019
Sales Tax Act 1990: recovery of short payment without notice

KARACHI: The sales tax law authorized tax authorities to recover short paid amount without issuing notice.

According to updated Sales Tax Act, 1990 issued by Federal Board of Revenue (FBR), the Section 11A of the Act explained the authority of tax officials in recovery of short paid amount.

Section 11A: Short paid amounts recoverable without notice

Notwithstanding any of the provisions of this Act, where a registered person pays the amount of tax less than the tax due as indicated in his return, the short paid amount of tax along with default surcharge shall be recovered from such person by stopping removal of any goods from his business premises and through attachment of his business bank accounts, without giving him a show cause notice and without prejudice to any other action prescribed under section 48 of this Act or the rules made thereunder:

Provided that no penalty under Section 33 of this Act shall be imposed unless a show cause notice is given to such person.

Section 11B: Assessment giving effect to an order

Sub-Section (1): Except where sub-section (2) applies, where, in consequence of, or to give effect to, any finding or direction in any order made under Chapter-VIII by the Commissioner (Appeals), Appellate Tribunal, High Court or Supreme Court an order of assessment of tax is to be issued to any registered person, the Commissioner or an officer of Inland Revenue empowered in this behalf shall issue the order within one year from the end of the financial year in which the order of the Commissioner (Appeals), Appellate Tribunal, High Court or Supreme Court, as the case may be, was served on the Commissioner or officer of Inland Revenue.

Sub-Section (2): Where, by an order made under Chapter-VIII by the Appellate Tribunal, High Court or Supreme Court, an order of assessment is remanded wholly or partly and the Commissioner or Commissioner (Appeals) or officer of Inland Revenue, as the case may be, is directed to pass a new order of assessment, the Commissioner or Commissioner (Appeals) or officer of Inland Revenue, as the case may be, shall pass the new order within one year from the end of the financial year in which the Commissioner or Commissioner (Appeals) or officer of Inland Revenue, as the case may be, is served with the order:

Provided that limitation under this sub-section shall not apply, if an appeal or reference has been preferred against the order passed by Appellate Tribunal or a High Court.

April 12, 2019
Sales Tax Act 1990: Recovery of amount erroneously refunded

KARACHI: The officers of Inland Revenue have been authorized for recovery of refunded amount erroneously issued to taxpayer along with penalties and default surcharge.
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April 11, 2019
Sales Tax Act 1990: refund of input tax payable in 45 days

KARACHI: Federal Board of Revenue (FBR) is required to pay sales tax refunds to the taxpayers in 45 days from the date of filing claim.

According to recently updated Sales Tax Act, 1990 issued by the FBR, the Section 10 explained the refund of input tax.

Section 10: Refund of input tax

Sub-Section (1): If the input tax paid by a registered person on taxable purchases made during a tax period exceeds the output tax on account of zero rated local supplies or export made during that tax period, the excess amount of input tax shall be refunded to the registered person not later than forty-five days of filing of refund claim in such manner and subject to such conditions as the Board may, by notification in the official Gazette specify:

Provided that in case of excess input tax against supplies other than zero-rated or exports, such excess input tax may be carried forward to the next tax period, along with the input tax as is not adjustable in terms of sub-section (1) of section 8B, and shall be treated as input tax for that period and the Board may, subject to such conditions and restrictions as it may impose, by notification in the official Gazette, prescribe the procedure for refund of such excess input tax.

Provided further that the Board may, from such date and subject to such conditions and restrictions as it may impose, by notification in the official Gazette, direct that refund of input tax against exports shall be paid along with duty drawback at the rates notified in the such notification.

Sub-Section (2): If a registered person is liable to pay any tax, default surcharge or penalty payable under any law administered by the Board, the refund of input tax shall be made after adjustment of unpaid outstanding amount of tax or, as the case may, default surcharge and penalty.

Sub-Section (3): Where there is reason to believe that a person has claimed input tax credit or refund which was not admissible to him, the proceedings against him shall be completed within sixty days. For the purposes of enquiry or audit or investigation regarding admissibility of the refund claim, the period of sixty days may be extended up to one hundred and twenty days by an officer not below the rank of an Additional Commissioner Inland Revenue and the Board may, for reasons to be recorded in writing, extend the aforesaid period which shall in no case exceed nine months.

April 10, 2019
Many withholding tax provisions to be abolished in budget

ISLAMABAD: The government has intended to abolish large number of withholding tax provisions in the budget.

According to Medium-Term Economic Framework (MTEF), which was launched by Finance Minister Asad Umar on Monday, pointed out that withholding taxes become regressive if people who are not liable to income taxes and/or if firms treat them as consumption taxes and are generally passed them on to the consumers, badly impacting the progressivity of the tax.

As such, the tax needs some fundamental reforms.

“As a first step, the government intends to discontinue a large number of low yielding withholding taxes in the next year’s budget.”

The framework also highlighted about the taxation and valuation of immovable properties.

Since the federal government collects tax on income from property and provincial and local governments collect property and transaction tax on immovable property, all parties have an interest in proper documentation and valuation of property.

“The government intends to pursue a coordinated approach to taxation and valuation of the real estate sector in a way to collect optimum revenue from it without discouraging investment.”

April 9, 2019
FBR empowered to use third-party information for identifying tax dodgers: MTEF

ISLAMABAD: Federal Board of Revenue (FBR) has been empowered for using third-party information to identify tax dodgers.

The Medium-Term Economic Framework (MTEF), which was launched on Monday by the Finance Minister Asad Umar, the government had promulgated a law so as to allow FBR to access third-party data bases.

The MTEF pointed out building data analytics capacity to utilize available information. “This involves identifying and identifying and pursuing individuals falling outside the tax net through the use of third-party information on consumption patterns utilizing data from income, income tax returns and expenditure data from various sources such as travel, bank account, car ownership, property ownership, children studying abroad, children studying in expensive schools etc.”

Since FBR does not have adequate capacity to utilize these data using latest techniques available, it would be necessary to collaborate with researchers and experts to develop efficient and effective analytical tools.

The government has evolved measures to strengthening tax enforcement and tax audits

The framework said that tax enforcement has remained one of the weakest areas of tax administration.

The government intends to overcome this shortcoming by building enforcement capabilities within FBR through staff training and an intensive use of information technology.

In this regard, priority is being given to putting in place a track-and-trace system and strengthening the risk-based tax audits.

The government also planned harmonizing the tax codes. The MTEF said that the government is well aware that some tax issues (e.g. non-harmonized sales tax rates across tiers of government, taxation of real estate, etc.) adds to the cost of doing business by requiring multiple tax returns to be filed in a single tax year.

While working with the provincial governments in the National Finance Commission (NFC) framework, the federal government intends to harmonize the tax code and integrate tax processes through digitization and process automation.

In addition, it intends to establish a mechanism to fast-track resolution of tax disputes, thus reducing compliance cost.

This will reduce the cost of doing business to some extent and make it harder for taxpayers to play the tax administrations off against each other to evade taxes.

An NFC sub-group has already been tasked with formulating recommendations to simplify payment of taxes to enhance ease of doing business in taxation area.

April 9, 2019