Tag: FBR

Get the latest FBR news, tax updates, income tax, sales tax, customs, notifications, and policies from the Federal Board of Revenue.

  • FBR bans leaves of officials for revenue collection

    FBR bans leaves of officials for revenue collection

    ISLAMABAD: Federal Board of Revenue (FBR) on Wednesday banned all kind of leaves of its officers and officials with immediate effect in order to collect revenue in the remaining period of current fiscal year.

    In an official note issued by the FBR said that it had been observed with concern that field formations of the FBR were forwarding requests for grant of leaves, including ex-Pakistan leave despite the fact that the third quarter (January March) of the current fiscal year was nearing its completion and the entire tax machinery was required to accelerate its efforts to achieve the assigned budgetary targets through full devotion during the balance part of the current financial year.

    Therefore, it has been decided by the FBR that requests for grant of ex-Pakistan leaves may not be forwarded to the board by the respective heads of field formations till June 30, 2020, except, requests for Hajj, Umrah and Ziarat.

    “All such cases shall be processed in the Board after the beginning of next financial year,” the FBR said.

    “Similarly, local leaves/leaves of other kind may also not be granted liberally and may only be allowed in the light of special circumstances/hardship cases,” the FBR added.

  • Stockbrokers to provide information under AEOI

    Stockbrokers to provide information under AEOI

    KARACHI: Federal Board of Revenue (FBR) has asked stock brokers to provide information of foreign investors for Automatic Exchange of Information (AEOI).

    Pakistan Stock Exchange (PSX) on Tuesday referring to the FBR notice related to filing of Common Reporting Standards (CRS) Reports 2020.

    The FBR said that the Reporting Financial Institutions (RFIs) are required to obtain, maintain and file CRS information in accordance with Section 165B and 107(1) of Income Tax Ordinance, 2001 and the Common Reporting Standards Rules contained in Income Tax Rules, 2002.

    The said information has to be reported to FBR on annual basis on May 31 through the AEOI portal. The reports from RFIs are due on May 31, 2020.

    The FBR asked the stock exchange to direct the RFIs to ensure timely compliance as per law and rules, failing which the RFIs shall be penalized under Section 182 of the Income Tax Ordinance, 2001.

    Under Section 165B of Income Tax Ordinance, 2001 furnishing of information by financial institutions, including banks, is mandatory.

    (1) Notwithstanding anything contained in any law for the time being in force including but not limited to the Banking Companies Ordinance, 1962 (LVII of 1962), the Protection of Economic Reforms Act,1992 (XII of 1992), the Foreign Exchange Regulation Act, 1947 (VII of1947) and any regulations made under the State Bank of Pakistan Act,1956 (XXXIII of 1956) on the subject, every financial institution shall make arrangements to provide information regarding non-resident or any other reportable persons to the FBR in the prescribed form and manner for the purpose of automatic exchange of information under bilateral agreement or multilateral convention.

    (2) All information received under this section shall be used only for tax and related purposes and kept confidential.

    (3) For the purpose of this section, the terms “reportable person” and “financial institution” shall have the meaning as provided in Chapter XIIA of the Income Tax Rules, 2002.

  • FBR extends ST, FE return date up to February 26

    FBR extends ST, FE return date up to February 26

    KARACHI: Federal Board of Revenue (FBR) has extended the last date for filing sales tax (ST) and federal excise (FE) return for the month of January 2020 up to February 26, 2020.

    The FBR issued a notification on Tuesday addressing all chief commissioners Inland Revenue of Large Taxpayers Units and Regional Tax Offices to inform about extension in date of submission of sales tax and federal excise return for the tax period of January 2020.

    The FBR said that the date has been extended for submission of sales tax and federal excise return up to February 26, 2020 for the tax period of January 2020, which was due on February 18, 2020.

  • FBR drafts rules to make recovery

    FBR drafts rules to make recovery

    ISLAMABAD: Federal Board of Revenue (FBR) on Monday issued draft rules for making recovery from persons holding money on behalf of taxpayers.

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  • Salary tax potential much higher than existing collection: FBR

    Salary tax potential much higher than existing collection: FBR

    KARACHI: Federal Board of Revenue (FBR) has said that income tax from salary is an important source of revenue the world over. The real potential is much higher than the present collection, according to an official document.

    Monitoring of withholding tax on salaries is a regular feature. Nevertheless, there is scope for further improvement in view of great potential for payment of considerable perquisites, generally undisclosed.

    All payments made to the employees have tax implications. Strong and well coordinated communication with the employers is needed for promoting greater compliance in a supportive mode with a friendly interface between FBR and the stakeholders.

    The Commissioner can advise to look into the following aspects through systems of large employers like Pakistan Steel, PIA, ICI , CAA& Banks etc :-

    — Comprehensive review of the statements, filed by the Employers;

    — Sector-wise salary surveys regarding trends of pay and allowances in different sectors;

    — Salary structure analysis of major employers;

    — Random selection of cases of senior executives of various corporate sectors including banking, oil and telecom, receiving huge salaries and perquisites, while devising monitoring plan of an organization;

    — Payments in the following heads should be reviewed along with relevant documents for ensuring proper deduction:

    — CBA agreement.

    — Appointment letter / contract (job letter).

    — Contribution to Provident Fund/Annuity.

    — Re-imbursement of medical, petrol, and entertainment.

    — Cars provided by the employers and expenditure on their acquisition and maintenance and Concessional loan facility provided by the company.

    — House accommodation – furnished/unfurnished.

    — Club bills / Hotel bills/Club subscriptions.

    — Utility bills of employees paid by the employer.

    — Free household items like Air-Conditioner, Fridge and furniture items provided.

    — Concessional travelling/Leave Fair Assistance.

    — Stock options offered and connected arrangements for payments and deduction of tax.

    — Formula of deduction of tax and mechanism for recording thereof in the books of accounts and deposit of tax.

    — Receipts of Capital nature which fall under the head “salary”.

    — Compensation for redundancy or loss of employment and golden handshake payments.

    — Scholarships/ tuition fee of children paid by the employer.

    — Liabilities accounted for by the employer especially when new executives are hired, who owe liability to the ex-employer.

    — Concessional mark-up/free loans provided, especially, in the cases of banks and financial institutions.

    — Provision of services of Mali, Chowkidar, security system, driver and cook etc. or re-imbursement of pay of servants.

    — Provision of free electricity, gas, telephone, travel and other products by the employers who deal in such business.

    — Commission and rewards including sales targets achievements and other rewards.

    — Services hired from abroad.

    — Cash medical assistance/hospitalization paid to the employees.

    — Any other allowance or perquisite provided by the employer paid in cash or in any other manner.

    — Salary payments chargeable to Withholding Tax under section 149 of the Ordinance as shown in the Annual Statements should match with the amount of expenses under this head, charged to manufacturing and P&L Account/Audited Statement of Accounts. In case of any difference, the Withholding Tax Agent may be asked to reconcile and explain the reasons for not withholding such tax.

    — Meal and entertainment claimed as business expenditure that may actually be personal, non-deductible.

    — In closely held companies and family owned enterprises, unreasonable compensation to Directors and employees should be checked with reference to work done and contribution made.

    — In the cases of Banks, actual deduction of tax from payment of salary to Branch staff and its deposit should be confirmed with reference to the separate challan for each such deposit. Payments of taxes deducted under various Sections through combined challan always create confusion. It should be ensured that each type of payment is duly supported by the relevant tax deposit challan. Misuse of one challan for various deposits is reported and should be adequately checked.

    The Department should conduct System audit of Mega corporations / large companies in public and private sectors and should be replicated / shared in other cases on national basis.

    It may be re-emphasized that non-cash perquisites are usually not declared in the statements. It is imperative to study terms and conditions of service provided in the service contracts/appointment letters.

    Non-deduction of tax on such perquisites is a common practice observed in many cases for which cognizance, as per law, has to be taken.

  • Income of corporate executives, directors needs aggressive monitoring

    Income of corporate executives, directors needs aggressive monitoring

    KARACHI: The field offices of Federal Board of Revenue (FBR) have been advised to focus on aggressive monitoring on corporate executives / directors with income above certain levels.

    “Their [executives/directors] tax accounts are usually kept separate and not shared with even ordinary management,” according to an official document related to withholding taxes said.

    “Enforcement should be ramped up in their cases for detecting the avoidance.”

    Some sort of trigger management should also be exercised to select such cases with higher probability of producing additional revenue.

    It said that there are certain businesses which are involved in high cash transactions.

    “Cash withdrawals from banks could be one lead along with un-documented receivables or payables.”

    Their reporting in the statements may not be complete. Details of vendors/suppliers are not provided either.

    Such cases should be included in the risk for monitoring. Poor record keepers placing low priority on improving the documentation should be on priority of monitoring.

    Basically, monitoring of withholding taxes is analysis of filed Statements and enforcement from non-filers.

    Formal selection of case for monitoring of Withholding Taxes may not be required.

    Yet, there are numerous aspects that can be considered for initiating the monitoring work.

    The following factors are important in this regard:-

    1. Incomplete or sloppy Statements;

    2. Habitual non-filers/short filers;

    3. Missing part of the Statements (where tax was not deducted);

    4. Incorrect Statements/mathematical errors;

    5. Exempt cases like Non-residents etc;

    6. Matching of information from various documents/ sources;

    7. Discrepancies in Income Tax; Sales Tax Statements and Returns;

    8. Statistical analysis for policy formulation and Sectoral studies;

    9. Un-desirable activities like continuous under reporting etc;

    10. Monitoring on the basis of case studies and research works;

    11. Statistical information collected to update the data sources;

    12. Selection on random basis either electronically or manually;

    13. Discrepancy in Withholding Taxes Statements and Annual Statements of Accounts;

    14. Monitoring consequential to special enquiries, reports and judgments, etc;

    15. Selection of specific cases e.g. large taxpayers and or other revenue potential Withholding Taxes Agents likely to yield substantial revenue for the government;

    16. Risk based analysis of statements and other economic information;

    17. Issue based monitoring;

    18. Any other method or selection as decided by the concerned Commissioner in the individual cases or by the Board about specific classes.

  • Gratuity to be treated as salary for tax matters

    Gratuity to be treated as salary for tax matters

    KARACHI: Federal Board of Revenue (FBR) has said that gratuity received by an employee during his lifetime shall be treated as salary income and will be subject to tax under Income Tax Ordinance, 2001.

    Officials at the FBR said that where any gratuity is paid to an employee during his life-time, the gratuity shall be treated as salary paid to the employee for the purposes of this Ordinance.

    They further said that if a gratuity fund for any reason ceases to be an approved gratuity fund, the trustees of the fund shall nevertheless remain liable to tax on any gratuity paid to any employee.

    Where any contributions by an employer (including the interest thereon, if any,) are repaid to the employer, the amount so repaid shall be deemed for the purposes of tax to be the income of the employer of the income year in which they are so repaid.

  • FBR asked to suggest measure to eliminate exemptions

    FBR asked to suggest measure to eliminate exemptions

    ISLAMABAD: The ministry of finance has asked Federal Board of Revenue (FBR) to suggest measure to eliminate exemptions and concessions.

    The Finance Division (Budget Wing) of the finance ministry asked the FBR to provide information for development of budget strategy paper 2020-2021 – 2022-2023.

    The finance division asked the FBR to provide information on the key points:

    01. Tax policy over the medium-term including measure to eliminate exemption / concessions.

    02. Planned tax administration reforms to enhance tax-base and improve tax-to-GDP ratio.

    03. Number and types of new sectors, which were out of the tax net, to be added in the tax system.

  • FBR to examine transaction records of commercial importers: CCIR

    FBR to examine transaction records of commercial importers: CCIR

    KARACHI: Federal Board of Revenue (FBR) will examine transaction records of commercial importers as they are no more under Final Tax Regime (FBR), Badaruddin Ahmed Qureshi, Chief Commissioner Inland Revenue (CCIR), Regional Tax Office (RTO)-II Karachi said.

    He was addressing a seminar on ‘Minimum Tax Implications After the Finance Act, 2019’ organized by Karachi Tax Bar Association (KTBA) on Thursday.

    The chief commissioner said that minimum tax was introduced through Finance Act, 2019 with objectives of documentation of economy and realizing actual potential of tax revenue.

    He said that previously commercial importers were liable to discharge their liability under the FTR and further they were not required to provide any record.

    However, with the introduction of minimum tax the commercial importers will required to provide details of all their goods declaration filed for clearance of their consignments.

    Previously, the FTR was available to persons such as commercial importers, commercial suppliers of goods, contractors, persons deriving brokerage or commission income and persons earning income from CNG stations.

    The tax collected or deducted from these persons has now been made as minimum tax liability except for exporters, persons winning prizes and sellers of petroleum products.
    The chief commissioner said that the taxpayers brought into the minimum tax regime would file their income tax returns and wealth statement for tax year 2020 in September this year.

    Murtaza Qurban, Executive Manager, EY Ford Rhodes, highlighted the changes related to minimum tax brought through the Finance Act, 2019.

    Tax required to be collected on import of goods that are sold in the same condition as they were when imported was treated as final tax.

    The Finance Act, 2018 brought a substantive conceptual shift whereby such tax collection was made “minimum tax”.

    The Finance Supplementary (Second Amendment) Act, 2019 restored the original position whereby tax collected at import stage from commercial importers was again treated as final discharge of tax liability.

    The Finance Act, 2019, however, again introduced amendments through which tax collection at import stage is made “minimum tax” instead of “final tax”.

    As a result of this change, Commercial Importers are now required to compute their financial results for comparison of tax on profits with minimum tax.

    Pursuant to the above amendments, Commercial Importers are now required to file a return of income instead of a statement in terms of section 115 of the Ordinance.

  • FBR extends date to submit stock position up to March 15 for claiming refunds

    FBR extends date to submit stock position up to March 15 for claiming refunds

    ISLAMABAD: Federal Board of Revenue (FBR) has allowed taxpayers to submit their stock position for the period July – September 2019 up to March 15, 2020 in order to claim sales tax refunds under newly only verification and issuance system.

    In an official memorandum issued on Thursday, the FBR condoned the time limit for filing of Annexure – H for the tax period July – September 2019 up to March 15, 2020.

    Annexure-H is a statement for providing stock position by taxpayers along with monthly sales tax return.

    The FBR from July 01, 2019 introduced expeditious payment of sales tax refunds within 72 hours subject to the true filing of Annexure – H.

    Recently, Karachi Tax Bar Association (KTBA) highlighted this issue and urged the tax authorities to resolve for facilitating exporters and manufacturers.

    The KTBA pointed out that as per the amendments made in Sales Tax Rules, 2006 vide SRO no. 918(I)/2019 dated August 7, 2019, mechanism for expeditious processing of refund claim has been devised only for manufacturers-cum- exporters.

    As per the Rules, refund will be treated as having been filed only after filing of Annexure H of the Sales Tax return, for which deadline of 120 days has been prescribed in the Rules and the same can be extended for a period of 60 days on the basis of approval from the Commissioner.

    However, the rules are silent about the mechanism for processing of Sales Tax refunds in case Annexure H has not been filed by manufacturer-cum-exporter for any reason. Considering the legal and legitimate right of the taxpayer to claim adjustment / refund of the input tax, either of the following two option be considered by the FBR for facilitation of exporters:

    Allow filing of Annexure H without any time limit [present time limit of 4 months be abolished and taxpayer be allowed to claim refund as and when required] ii. Incase present limit of 4 months cannot be abolished, registered persons be allowed at least to alternatively file refund on annual basis after the end of the tax year.

    Apart from the above, Annexure H is only being allowed to be filed to taxpayers who have filed the said Annexure from sales tax returns of July 2019 and onwards. Instead of claiming refund, some taxpayers have reported sales tax carried forward balance in their sales tax returns from July 2019 onwards. In case they now intend to file Annexure H from the current month,

    FBR’s online portal does not allow such taxpayers to enter opening balance of inventory / raw materials as the said field in blocked for editing. This limitation should be removed and taxpayers should be allowed to file Annexure H for any specific month, for which they intend to claim refund.

    From apparent mechanism being followed by the system, it appears that those taxpayers who have not filed Annexure H for the month of July 2019 will never be allowed to file Annexure H for any subsequent month. This apparent anomaly should be resolved at earliest.