KARACHI: A director of a company is jointly responsible for payment of tax due bay a company, which is in liquidation.
The updated Income Tax Ordinance, 2001 issued by Federal Board of Revenue (FBR) explained Section 139 for collection of tax in the case of private companies and association of persons.
Section 139: Collection of tax in the case of private companies and associations of persons
Sub-Section (1): Notwithstanding anything in the Companies Ordinance, 1984 (XLVII of 1984), where any tax payable by a private company (including a private company that has been wound up or gone into liquidation) in respect of any tax year cannot be recovered from the company, every person who was, at any time in that tax year —
(a) a director of the company, other than an employed director; or
(b) a shareholder in the company owning not less than ten per cent of the paid-up capital of the company, shall be jointly and severally liable for payment of the tax due by the company.
Sub-Section (2): Any director who pays tax under sub-section (1) shall be entitled to recover the tax paid from the company or a share of the tax from any other director.
Sub-Section (3): A shareholder who pays tax under sub-section (1) shall be entitled to recover the tax paid from the company or from any other shareholder to whom clause (b) of sub-section (1) applies in proportion to the shares owned by that other shareholder.
Sub-Section (4): Notwithstanding anything in any law, where any tax payable by a member of an association of persons in respect of the member’s share of the income of the association in respect of any tax year cannot be recovered from the member, the association shall be liable for the tax due by the member.
Sub-Section (5): The provisions of this Ordinance shall apply to any amount due under this section as if it were tax due under an assessment order.