Tag: Finance Act 2020

  • Finance Act 2020: Cash payment Rs250,000 allowed as deduction

    Finance Act 2020: Cash payment Rs250,000 allowed as deduction

    ISLAMABAD: Federal Board of Revenue (FBR) has relaxed the condition for business community by allowing deduction of cash payment up to Rs250,000 while computing business income.

    According to Finance Act 2020 approved by the National Assembly amendments have been introduced to Section 21 of Income Tax Ordinance, 2001.

    Section 21 of the Ordinance prescribes a list of expenditures that are not allowed as a deduction when computing Income from Business.

    This includes certain expenditures that are not made through banking channels if they exceed the prescribed thresholds.

    According to EY Ford Rhodes Chartered Accountants, the Finance Bill had proposed to enhance the threshold of aggregate expenditure under a single account head from Rs50 thousand to Rs250 thousand, not made through banking channels, that would be allowed as a deduction when computing Income from Business..,

    Further the relaxation of a single cash transaction in the above limit has been enhanced from Rs10 thousand to Rs25 thousand.

    Similarly, the threshold of salary, not paid through banking channels, has been proposed to be increased from Rs15 thousand to Rs25 thousand.

    Similar to the provisions of the sales tax laws, the Bill also proposes to introduce a new Clause whereby an industrial undertaking would not be entitled to claim a deduction for any expenditure attributable to sales made to persons required to be registered but not registered under the Sales Tax Act, 1990 computed according to the following formula, namely;

    (A/B) x C

    Where –

    A is the total amount of deductions claimed;

    B is the turnover for the tax year; and

    C is the total amount of sales exclusive of sales tax and federal excise duty to persons required to be registered but not registered under the Sales Tax Act, 1990 where sales equal or exceed rupees 100 million per person.

    Provided that disallowance of expenditure under this Clause shall not exceed twenty percent of total deductions claimed and that the FBR may, by notification in the official Gazette, exempt persons or classes of persons from this Clause on the basis of hardship.

    Another Clause is also proposed to be inserted under which any expenditure on account of utility bills in excess of prescribed limits and conditions would not be allowed as a deduction.

  • Finance Act 2020: Suppression of sales to be taxed under income from business

    Finance Act 2020: Suppression of sales to be taxed under income from business

    An attempt by a businessman to suppress sales chargeable to tax in order to reduce tax liability shall be taxed under the head of income from business, according to the Finance Act 2020 recently passed by the National Assembly.

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  • Finance Act 2020: taxpayers given deadline of December 31 to update profile

    Finance Act 2020: taxpayers given deadline of December 31 to update profile

    ISLAMABAD: Federal Board of Revenue (FBR) has given taxpayers a deadline of December 31, 2020 to complete their profile through online system otherwise their name will be removed from active taxpayers list (ATL).

    The National Assembly approved the new amendment of taxpayers profiling through new section 114A to Income Tax Ordinance, 2001.

    Section 114A: Taxpayer’s profile:

    Sub-section 1: Subject to this ordinance, the following persons shall furnish a profile, namely:

    (a) Every person applying for registration under section 181;

    (b) Every person deriving income chargeable to tax under the head, “income from business”;

    (c) Every person whose income is subject to final taxation;

    (d) Any non-profit organization as defined in clause (36) of Section 2;

    (e) Any trust or welfare institution; or

    (f) Any other person prescribed by the Board [FBR].

    Sub-section 2: A taxpayer’s profit:-

    (a) Shall be in the prescribed form and shall be accompanied by such annexures, statements or documents as may be prescribed;

    (b) Shall fully state, in the specified form and manner, the relevant particulars of –

    (i) Bank accounts;

    (ii) Utility connections;

    (iii) Business premises including all manufacturing, storage or retail outlets operated or leased by the taxpayer;

    (iv) Types of businesses; and

    (v) Such other information as may be prescribed;

    (c) Shall be signed by the person being an individual, or the person’s representative where section 172 applies; and

    (d) Shall be filed electronically on the web as prescribed by the Board [FBR].

    Sub-section 3: A taxpayer’s profile shall be furnished:-

    (a) On or before the 31st day of December 2020 in case of a person registered under Section 181 before the 30the day of September, 2020; and

    (b) Within ninety days registration in case of a person not registered under section 181 before the 30th day of September,2020.

    Sub-Section 4: A taxpayer’s profile shall be updated within ninety days of change in any of the relevant particulars of information as mentioned in clause (b) of sub-section (2).

  • Finance Act 2020: Commissioner empowered to cancel exemption certificate

    Finance Act 2020: Commissioner empowered to cancel exemption certificate

    ISLAMABAD: A commissioner of Inland Revenue has been authorized to cancel or modify exemption certificate issued automatically by online system IRIS.

    Through Finance Act, 2020 amendment has been made to Section 153 of Income Tax Ordinance, 2001.

    As per the amendment the commissioner of Inland Revenue of Federal Board of Revenue (FBR) is required to issue certificate to taxpayer within prescribed time frame. However, if application is filed by taxpayer and commissioner fails to take action than the IRIS will automatically issue certificate to the taxpayer.

    However, the commissioner is empowered to modify or cancel the certificate on reasonable ground.

    The amendment in this regard is as:

    “Provided that the Commissioner shall issue certificate for payment under clause (a) of sub-section (1) without deduction of tax within fifteen days of filing of application to a public company listed on a registered stock exchange in Pakistan if advance tax liability has been discharged.

    “Provided further that the Commissioner shall be deemed to have issued the exemption certificate upon the expiry of fifteen days to the aforesaid public listed company and the certificate shall be automatically processed and issued by Iris:

    “Provided also that the Commissioner may modify or cancel the certificate issued automatically by IRIS on the basis of reasons to be recorded in writing after providing an opportunity of being heard.”

  • Customs to allow provisional release in ADD case

    Customs to allow provisional release in ADD case

    ISLAMABAD: The customs authorities shall allow provisional release of goods on bank guarantee where levy of anti-dumping duty (ADD) challenged in court of law.

    Through Finance Act, 2020 applicable from July 01, 2020 amendment has been made in Anti-Dumping Duties Act, 2015.

    As per the amendment: “ … where a competent court of law has stayed preliminary or final determination of anti dumping duly, goods shall be provisionally released against security in shape of bank guarantee or pay order of a scheduled bank along with indemnity bond equal to the amount of anti-dumping duty imposed on subject goods.

    “In case preliminary or final determination is upheld by the court, duty shall be paid by the importer and security with the customs department shall be released otherwise the same shall be en-cashed to settle the duty liability.

    “If the preliminary or final determination is set aside by the court, security shall be released, if not required for recovery of any outstanding previous liability.”