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The Securities and Exchange Commission of Pakistan (SECP) has proposed the Federal Board of Revenue (FBR) to introduce a new section in the Income Tax Ordinance 2001 to provide level playing field to the Non-Banking Finance Companies (NBFCs) vis-à-vis commercial banks.
According to the SECP budget proposals communicated to the FBR here on Monday the NBFC should have same provisioning treatment u/s-29a as provided to the banks under 7th Schedule of the Income Tax Ordinance 2001. A new section needs to be inserted section-29B of the Income Tax Ordinance 2001. The NBFCs are required under Non-Banking Finance Companies and Notified Entities Regulations 2008 to maintain provision against non-performing loans and advances. The commercial banks are allowed to create provisions for advances and off-balance sheet items upto a maximum of 1 percent of total advances; and provisions for advances and off-balance sheet items are allowed at 5 percent of total advances for consumers and SMEs (Ref clause 1(c ) of the 7th Schedule of Income Tax Ordinance 2001). The NBFCs like commercial banks also extend normal advances as well as advances to SMEs. The proposed section 29B shall provide a level playing field to the NBFCs vis-a-vis commercial banks, SECP added.
As per proposed new section ie 29 (B) in the Income Tax Ordinance 2001, (29B. Provision regarding non-performing loans). "Provisions created by Non-Banking Finance Companies against advances and off balance sheet items shall be allowed up to a maximum of 1 percent of total advances; and provisions for advances and off-balance sheet items shall be allowed at 5 percent of total advances for small and medium enterprises (SMEs) provided a certificate from the external auditor is furnished by the non-banking finance company to the effect that such provisions are based upon and are in line with the Non-Banking Finance Companies and Notified Entities Regulations 2008. Provisioning in excess of 1 percent would be allowed to be carried over to succeeding years: Provided that if provisioning is less than 1 percent of the advances, then actual provisioning for the year shall be allowed.
Explanation: "SME loans" means loans made by Non-Banking Finance Company or the House Building Finance Corporation to a Small and medium enterprise amounting to maximum Rs 300,000. Small and medium enterprise shall have the same meaning as defined in Companies Ordinance, 1984, the proposed section added.

Copyright Business Recorder, 2012

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