FBR to Treat Speculation Business Separately for Tax Imposition

FBR to Treat Speculation Business Separately for Tax Imposition

Karachi, August 24, 2023 – In a significant development, the Federal Board of Revenue (FBR) has announced that it will now treat speculation business as a distinct entity for tax purposes.

This decision comes as part of the FBR’s ongoing efforts to streamline tax regulations and ensure fair taxation in the country.

READ MORE: FBR Affirms Profits and Gains as Constituent of Business Income for Taxation

The FBR recently made amendments to the Income Tax Ordinance, 2001 for the fiscal year 2023-24, introducing a new section (Section 19) dedicated to the taxation of speculation businesses.

What is Speculation Business?

According to the updated section, speculation business is defined as any business in which contracts for the purchase and sale of commodities, including stocks and shares, are periodically or ultimately settled through means other than the actual delivery or transfer of the commodity. However, certain exceptions apply, including:

READ MORE; Understanding Income from Property and Taxation in Pakistan

Contracts related to raw materials or merchandise entered into by a person engaged in manufacturing or mercantile business to protect against losses from price fluctuations when fulfilling other contracts for actual goods delivery.

Contracts related to stocks and shares entered into by dealers or investors to safeguard their holdings from price fluctuations.

Contracts entered into by members of forward markets or stock exchanges as part of jobbing arbitrage to guard against potential losses arising from ordinary business activities as market members.

Distinct Tax Treatment for Speculation Business

The new provision establishes that speculation business shall be treated separately and distinctly from any other business activities carried out by an individual or entity. This separation enables the FBR to apply tax regulations independently to speculation businesses and other forms of business operations.

READ MORE: FBR Seizes Large Quantity of Cigarettes from Leading Manufacturer for Tax Violations

Furthermore, any losses incurred in speculation business during a tax year, as computed under the newly introduced section, will be subject to specific tax treatment in accordance with Section 58 of the Income Tax Ordinance, 2001.

This move by the FBR is aimed at enhancing transparency and fairness in taxation, ensuring that speculation businesses are subject to taxation that is appropriate to their nature and risk profile.

The decision to separate the tax treatment of speculation businesses is expected to have a positive impact on the overall tax system, making it more effective and equitable for businesses and individuals involved in various sectors of the economy. The FBR’s ongoing efforts to modernize tax regulations and procedures continue to play a crucial role in strengthening Pakistan’s fiscal landscape.

READ MORE: FPCCI Demands Immediate Withdrawal of Section 7E Across Pakistan

This development marks a significant milestone in the FBR’s mission to reform the taxation framework and promote compliance in Pakistan’s business landscape.