Lahore, April 24, 2024 – The Lahore Chamber of Commerce and Industry (LCCI) has formally requested the deferral of several recent Statutory Regulatory Orders (SROs) issued by the Federal Board of Revenue (FBR), citing significant disruptions to business activities.
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FBR issues SRO to impose 5pc regulatory duty on yarn amid protest
ISLAMABAD: Federal Board of Revenue (FBR) has issued a SRO to impose regulatory duty at 5 per cent on import of polyester yarn despite protest by business community.
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Pakistan allows tax exemption on tomato, onion imports
ISLAMABAD: Pakistan on Wednesday granted exemption of income tax and sales tax on imports of tomato and onion during next four months.
In this regard, the Federal Board issued notifications in this regard. The FBR issue SRO 1639(I)/2022 to allow withholding income tax exemption on import of tomato and onion imported till December 31, 2022.
READ MORE: FBR collects Rs948 billion as tax revenue during 2MFY23
Similarly, another SRO 1640(I)/2022 was issued to allow sales tax exemption on import of tomato and onion during September – December 2022.
Previously, on August 30, 2022, in a meeting at the Ministry of National Food Security and Research (MNFSR), it was decided that the Ministry will issue import permits of onion and tomatoes within 24 hours.
The Ministry has also proposed to FBR to waive-off taxes and levies on import of onion and tomatoes.
It is expected that this will be made effective on immediate basis. These steps are taken to ensure a supply of the essential commodity in the market and to stabilize the prices.
READ MORE: FBR announces tax exemptions for flood relief operation
According to the details, the importers will be allowed to import onion and tomatoes.
Ministry of National Food and Security has directed the Department of Plant Protection (DPP) to facilitate the import and ensure that there are no hindrances for importers.
MNFSR has taken on-board all the stakeholders with an aim to ensure a supply of the essential commodities to the consumers.
Furthermore, a contact group to facilitate imports is created, where importers will be able to share their problems. While a team at Ministry of National Food Security will monitor the situation and will take necessary action for redressal.
READ MORE: KTBA demands suspending further tax due to practical issues
Ministry of National Food Security and Research has taken the above decisions to ensure that onion and tomatoes are available in the market at reasonable rates to the consumers.
Pakistan Embassies in Iran, Afghanistan, UAE and other countries have been requested to assist imports. Ministry of National Food Security and Research, with stakeholders, will continue to take necessary steps to ensure food security in the country in the times when crops have been heavily damaged because of recent floods and rains.
READ MORE: FBR gets 3.38 million active taxpayers by August 28, 2022
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Rules amended for sales tax de-registration
ISLAMABAD: The Federal Board of Revenue (FBR) has amended rules related to sales tax de-registration of a person or a company.
The FBR issued SRO 51(I)/2022 dated January 13, 2022 to amend Sales Tax Rules, 2006. Rule 11 of the Sales Tax Rules, 2006 deals with de-registration.
Under this rule, sub-rule (1) every registered person who ceases to carry on his business or whose supplies become exempt from tax, or who ceases to remain registered shall apply to the Commissioner Inland Revenue having jurisdiction for cancellation of his registration, and the Commissioner, on such application or on its own initiative, may issue order of de-registration or cancellation of the registration of such person from such date as may be specified, but not later than ninety days from the date of such applicant or the date all the dues outstanding against such person are deposited by him, whichever is later and such person shall caused to be de-registered through computerized system accordingly.
READ MORE: Sales Tax Act, 1990 updated till June 30, 2021
The FBR made amendment in sub-rule 2 of Rule 11. The sub-rule 2 explains that The Commissioner, upon completion of any audit proceedings or inquiry which may have been initiated consequent upon the application of the registered person for de-registration, shall complete the proceedings or inquiry within ninety days from the date of application and direct the applicant to discharge any outstanding liability which may have been raised therein by filing a final return under section 28 of the Sales Tax Act, 1990:
Provided that the person applying for de-registration shall not be de-registered unless he provides record for the purpose of audit or inquiry.
READ MORE: Apex court suspends order in tax notices to overseas assets
Through the SRO the FBR inserted sub-rule 2A and 2B to the sub-rule 2.
According to sub-rule 2A: “After receipt of the application for de-registration by the Commissioner Inland Revenue having jurisdiction, the obligation of the registered person to file monthly sales tax return under Section 26 of the Sales Tax Act, 1990 shall remain suspended, until he is de-registered or his application is rejected, as the case may be.”
The sub-rule 2B explains: “Where the Commissioner Inland Revenue desires to conduct audit or inquiry of the applicant to determine his liability, he shall require the applicant, in writing, to provide the requisite records. On receipts of the complete requisite records, entry to this effect shall be made in the computerized system, which shall automatically de-register the applicant on expiry of ninety days thereof, subject to provision of sub-rule (4).”
READ MORE: Retail price of sugar may be abolished for sales tax
The sub-rule (4) explains that the obligations and liabilities of the person whose registration is cancelled under sub-rule (1) relating to the period when he conducted business as a registered person shall not be affected by the fact that his registration has been cancelled or that he has ceased to be a registered person.
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Pakistan allows sales tax exemption on Afghan fruits
The Federal Board of Revenue (FBR) in Pakistan issued a sales tax notification, SRO 1501(I)/2021, on Monday, formalizing the government’s decision to exempt the sales tax on the import of most Afghan fruits.
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FBR slaps extra sales tax up to 17% on unregistered persons
In a move to enhance tax compliance, the Federal Board of Revenue (FBR) has imposed an additional sales tax of up to 17% on unregistered industrial and commercial connection holders of electricity and gas utilities.
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FBR to allow single vehicle owner for transshipment
ISLAMABAD: The Federal Board of Revenue (FBR) has decided to allow a single vehicle owner to transport goods under transshipment rules.
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IREN empowered petrol retail outlets to check evasion
ISLAMABAD: The Federal Board of Revenue (FBR) on Tuesday authorized Inland Revenue Enforcement Network (IREN) to petrol the retail outlets to check sales tax evasion.
The FBR issued SRO 1063(I)/2021 to amend Sales Tax Rules, 2006. Through the rules, the FBR established IREN and authorized the body to check and verify any of the eventualities.
Besides, the FBR also issued a procedure for companies installing Point of Sales (POSs) at the outlets of Tier-1 retailers.
Following is the text of rules issued by the FBR:
CHAPTER XIV-BB
INTEGRATION OF TIER-I RETAILERS AND LICENSING THEREOF
150ZQZH. Licensing.— (1) No person shall carry out integration of the retailers through software unless he has obtained a licence under these rules.
(2) No licensee under these rules shall maintain or operate system or provide any other service, which is not authorized under these rules.
(3) Every payment counter whether fixed or portable and generates invoices for receipt of payment either in cash or through debit or credit card shall be connected as per rule 150ZEB.
(4) Every licensee shall be bound to integrate the payment counter in the manner as prescribed under sub rule (4), (5),(16) and (17) of rule 150ZEB.
150ZQZI. Functions of the licensing committee.— (1) The licensing committee shall function in accordance with the provisions of these rules or any other instructions, procedures, issued by the Board.
(2) Project Director Retail Monitoring Cell shall be the convener of the licensing committee located at FBR House, Islamabad. The Board shall provide secretarial and other allied support for functioning of the licensing committee.
150ZQZJ. Application for grant of licence.— (1) An application for installation, configuration and integration of point of sale (POS) machine shall be made in duplicate to the Board.
(2) No application under sub-rule (1) shall be considered, unless it is accompanied by —
(I) registration certificate issued by Pakistan Software Houses Association or Institute of Chartered Accountants of Pakistan;
(ii) audited statement of accounts for the last three financial years;
(iii) list of major clientele;
(iv) incorporation certificate under the Companies Act;
(v) National Tax Number (NTN) Certificate;
(vi) the paid up capital for the latest financial year is at least Rs.100 million or above;
(vii) registration with Sales Tax Department if required;
(viii) Computerized National Identity Cards (CNICs) of directors of the incorporated company;
(ix) undertaking that the company has never been blacklisted by any Government or Provincial department or organization and has not been involved in confirmed cases of fiscal fraud;
(x) list of projects executed in the last three years;
(xi) and any other documents required through instructions orders issued by the Board.
150ZQZK. Procedure for grant of licence.— (1) On receipt of application for grant of licence in the Board, the licensing committee shall scrutinize the document provided and it shall evaluate the eligibility of the applicant within seven days of receipt of application.
(2) The licensing committee may also carry out visits, if necessary for physical inspection to ascertain the eligibility of the applicant for licensing under these rules.
(3) The licensing committee shall send its recommendations to the Member (IR — Operations) and the Director General Retail within ten days of date of submission of the application, specifying reasons for recommending or rejection of any application under these rules.
(4) In case, the companies meet the criteria under these rules, the licensing committee shall make recommendations for grant of licences.
(5) The licensing committee shall grant the licence to the recommended companies with the prior approval of Member (IR — Operations) and Director General Retail.
150ZQZL. Right granted to the licensee.— (1) A licensee shall have the right to install, configure, integrate, operate and maintain the point of sale on real time basis in accordance with conditions of the licence issued to him.
(2)The licence granted under these rules shall be subject to provisions of the Act and shall be valid for five years from date of issuance.
(3) The licence granted under these rules shall be non-transferable and shall not be allowed to be use by any sub-contractor.
150ZQZM. Renewal of licence.— (1) The application for renewal of licence shall be made to the Board three months before its expiry.
(2) The licensing committee shall evaluate the application and make recommendations to the Member (IR — Operations) and Director General Retail for renewal of licence.
(3) The licensee shall be required to comply with all the provisions of these rules for the renewal period.
150ZQZN. Technical support.— (1)The licensee shall be responsible for post deployment maintenance of Point of Sale as detailed below:
(a) setting up and maintenance of all information technology equipment connected to point of sales; and
(b) the licensee shall be authorized to,
(i) upgrade of the system hardware and software;
(ii) all bug fixes; and
(iii) immediate response to troubleshooting of any post deployment problems for uninterrupted working of the system.
(2) The licensee shall be responsible for safe and secure capture of real-time transmission of sales data from the retails outlet to FBR database at all times.
150ZQZ0. Responsibilities of the Project Director.— The Project Director shall be responsible for overall supervision of the system and the steps taken to address problems encountered during the operation of the systems.
150ZQZP. Procedure for cancellation or termination of licence.— (1) The Project Director shall immediately refer the matter to the licensing committee for further action under these rules, if he, as a result of supervision of the system or on receipt of a report from any of the Commissioners Inland Revenue or on a valid complaint, has reasons to believe that the licensee has-
(a) failed to provide the required services to the satisfaction of the Board authorities;
(b) contravened any condition of the licence;
(c) contravened any provision of these rules or the Act; or
(d) violated any applicable law while carrying out activities of licence under these rules.
(2) On receipt of reference from the Project Director under sub-rule (1), the licensing committee shall cause to serve a notice upon the licensee within fifteen days of receipt of reference, to show cause within thirty days after the date of the notice, as to why the licence issued under these rules should not be cancelled or terminated:
Provided that in cases where the Licensing, on the basis of material evidence, is of the opinion that there exits Prima facie a sufficient case against the licensee, it may suspend the licence to safeguard public finances and to prevent any other serious damage.
(3) The licensing committee may, after giving the licensee adequate opportunity of being heard and after examination of the record, cancel or terminate the licence issued under these rules.
(4) In case of cancellation of licence under these rules, the affected person or company shall have the right to file representation against the order of the licensing committee before the Board.
(5) The Board shall decide the representation after giving proper opportunity of being heard and the decision of the Board shall be final.
150ZQZQ. Fee and Charges.— (1) The licensee shall charge the fee for configuration and integration of point of sales from the retailers.
(2) No fee shall be charged from any of the field formation of the Board.
150ZQZR. Responsibilities of the Tier-I retailers.— The Tier-I retailer shall —
(a) make all payment counters comprising of point of sale at each out let, available for installation of the systems;
(b) be responsible for smooth functioning of point of sales;
(c) report to the Board and the concerned Commissioner Inland Revenue within twenty four hours of any operational failure, damage disruptions or tampering of the system; or
(d) report any inoperative point of sale to the Commissioner Inland Revenue holding the jurisdiction.
150ZQZS. Functions of Commissioner Inland Revenue.— (1) The Commissioner having jurisdiction, shall monitor proper and uninterrupted operation of the system through periodic visits by an officer of Inland Revenue authorized in this behalf.
(2) Where a Tier-I retailer does not account for sales without generating an invoice countering QR code or FBR invoice number, the Commissioner shall compute the taxes on such goods relating to unaccounted invoices, and recover the same under the relevant provisions of law.
150ZQZT. Establishment of Inland Revenue enforcement network.— The Board shall establish Inland Revenue enforcement network which shall be responsible for combating evasion and leakage of taxes payable on goods by way of co-coordinating with enforcement units of the concerned filed formations.
150ZQZU. Functioning of IR enforcement network.— To check and verify any of the eventualities, the enforcement squads of Inland Revenue shall petrol the outlets, verify the invoices and report such invoices to Commissioner Inland Revenue on which due taxes have not been paid. The Commissioner, after receipt of report from enforcement network, shall recover the tax in accordance to the provisions of the Act.
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Input tax claim procedure for AJK, GB persons
The Federal Board of Revenue (FBR) has laid out the procedure for claiming input tax credit against supplies made by individuals registered in Azad Jammu and Kashmir (AJK) and Gilgit Baltistan (GB).
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FBR increases minimum prices of steel products
The Federal Board of Revenue (FBR) announced on Wednesday that it has increased the minimum prices of steel products in an effort to align them with the rising costs observed in both domestic and international steel markets.
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