The Tax Laws (Amendment) Ordinance, 2021 — I
Chartered Accountants
This memorandum gives a brief overview of significant amendments made by the Tax Laws (Amendment) Ordinance, 2021 in the fiscal laws of Pakistan. The Ordinance has been promulgated by the President of Pakistan in exercise of the powers conferred under Article 89 (1) of the Constitution of Islamic Republic of Pakistan.
The Ordinance primarily aims to provide for a simplified concessionary tax regime for overseas and local Pakistanis including those holding POC, who are allowed to open and operate Roshan Digital Accounts under the scheme introduced by the State Bank of Pakistan. The Ordinance has also introduced certain other amendments to give effect to the concessions announced by the Government for Special Technology Zones and electric vehicles. Besides that, the Ordinance provides for reduced withholding/minimum tax regime for the traders, wholesalers and retailers of specified sectors in terms of understanding reached between the trade bodies and Government.
The amendments made through the Ordinance are effective from February 11, 2021 unless otherwise stated for specified provisions.
This memorandum can also be accessed on www.pwc.com/pk
SIMPLIFIED TAX REGIME FOR ROSHAN DIGITAL ACCOUNTS
Through Tax Laws (Amendment) Ordinance, 2021, various amendments have been made in the Income Tax Ordinance, 2001 to provide for simplified tax regime for those local and overseas individuals who are allowed to operate Roshan Digital Accounts (RDA) in terms of the scheme introduced by the State Bank of Pakistan. These accounts are a new initiative of the State Bank of Pakistan in collaboration with the commercial banks to attract investment in Pakistan.
INCENTIVES FOR NON-RESIDENT INDIVIDUALS
Non-Resident Individuals1 (NRI), holding NICOP, POC or CNIC and maintaining a Foreign Currency Value Account (FCVA), or a Non-Resident Pakistani Rupee Value Account (NRVA) with authorized banks in Pakistan are allowed to make investments in the following:
(i) Government debt securities (both conventional and shariah compliant);
(ii) Immovable property-both residential and commercial;
(iii) Listed securities and units of Mutual Funds; and
(iv) Term deposit and other products of the Bank
Through Tax Laws (Amendment) Ordinance, 2021, taxation regime applicable on income arising from above investments has been further streamlined and simplified. The existing law and the changes made therein are summarized as under (changes emphasized in Bold Font).
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Investment Taxation Rationale/Implications
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1. Government Securities (both
Shariah Compliant and
Conventional):
-Interest income 10% withholding on interest income or Streamlining taxation
capital gains, as the case may be, by a of capital gains on
-Capital gains banking company considered as full disposal of government
on disposal of and final discharge of tax liability. securities with
government securities interest income arising
from government
securities
2. Immovable Property:
-Purchase 1% withholding (made by person
responsible for registering
property) treated as final tax
(hence non-refundable). No tax
shall be collected where immovable Through amendments
property is purchased under the made under
scheme introduced by Federal or section 236C and 236K of
Provincial Government for expatriate the Income
Pakistanis. Tax Ordinance, 2001, a
special tax
regime has been introduced
for NRIs investing in
immoveable property
through RDA whereby
capital gains on
-Sale 1% withholding (made by person immovable properties
responsible for registering accruing to them would
property) is final tax in lieu of be subject to final tax
capital gains arising on disposal by virtue of tax collection
of property. No tax shall be deducted at the time of purchase and
where property is sold after 4 year. sale of property.
Individuals are considered as non-resident, if he is not present in Pakistan:
(a) for an aggregate period of 183 days or more in a tax year (July to June basis); or
(b) for an aggregate period of 120 days or more in a tax year, and in aggregate 365 days in 4 years preceding that tax year.
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Investment Taxation Rationale/Implications
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3. Listed Securities and
Mutual Funds:
- Dividend income Tax deducted at following rates is full
and final discharge of tax liability:
(a) 7.5% (in case of IPPs where
dividend is a pass through item)
(b) 15% (Mutual funds and other Taxation regime
than (a) & (c) in line with the resident
persons.
(c) 25% (If dividend is received from
a company exempt from tax or
where tax is not payable due to
losses/tax credit)
- Capital Gains Tax deducted by NCCPL at following
rates is considered as full and final
discharge of tax liability (no tax is to be
deducted if holding period is more than
4 years):
(a) 15% (Listed securities) Taxation regime in line
(b) 10% Mutual Funds other than (c) with the resident
(c) 12.5% (stock fund if dividend persons.
receipt of fund is less than capital
gains)
4. Interest income from
FCVA and Exempt from tax including Exemptions available
NRVA (including withholding tax with no under clause (78) and (79),
term deposit/ requirement to obtain exemption Part I of the Second Schedule
allied products of certificate were previously restricted
banks) only to certain
Foreign Currency Accounts
and Pakistan Rupee Accounts
of citizens of Pakistan
residing abroad. Exemption
after the amendment is
broadly available to
Foreign Currency accounts
maintained by non-resident
individuals, association of
persons, and companies, and
Rupee Accounts maintained
by non-resident individuals.
ADDITIONAL INCENTIVES/CONCESSIONS FOR NRIs INVESTING THROUGH FCVA/NRVA
NRIs investing through FCVA/NRVA are now not required to obtain National Tax Number and file tax return in Pakistan if such person has no Pakistan-source income other than those as discussed above. NRIs who are eligible for tax treaty benefits in excess of what is now provided in the simplified tax regime as stated above, may opt to avail the treaty benefits following the normal course laid down in the law. However, we consider that the simplified scheme laid down in the law is more attractive in terms of practicalities involved in applying for the treaty benefits.
Tenth Schedule would also not apply on NRIs investing through FCVA/NRVA (Under the Tenth Schedule, a person not filing tax return is subject to tax withholding at 100% higher rate than the applicable rate, with other consequential implications).
Following withholding taxes would also be not applicable on NRIs operating FCVA/NRVA, which are otherwise applicable on a person not filing a tax return in Pakistan:
================================================================================================ Section 231A - Cash withdrawal from bank Section 231AA - Sale of banking instrument or online transfer of money etc.
Section 236P - All banking transactions, other than cash
NOTE:
All the concessions stated above were previously available to certain extent, subject to certain restriction and conditions. The Tax Laws (Amendment) Ordinance, 2021 has removed all such restrictions and provide for a complete and clear simplified tax regime as stated above.
Certain practical problems may arise for banking companies operating RDA (e.g. identifying/verifying tax residential status of an individual, based on number of days spent in Pakistan). Furthermore, in case of purchase and sale of immoveable property, transaction values in certain cases may not be aligned with FBR’s notified values, on which tax has been collected at the time of purchase and sale of immoveable property. FBR is expected to issue appropriate clarification on these matters.
INCENTIVES FOR RESIDENT CITIZEN OF PAKISTAN
SBP’s scheme also allows resident citizen of Pakistan to make investments in Naya Pakistan Certificates and other government securities through FVCA, provided the resident person has declared foreign assets to FBR. Interest income of such resident persons from Government debt securities (whether conventional or Shariah compliant) would be subject to tax withholding at the rate of 10%, which shall be considered as full and final discharge of tax liability. Previously, such interest income was taxable at following rates under section 7B of the Ordinance:
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S.No. Profit on Debt Rate of tax
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1 Where profit on debt does not exceed Rs. 5,000,000 15%
2 Where profit on debt exceeds Rs. 5,000,000 but does not exceed
Rs. 25,000,000 17.5%-(Note)
3 Where profit on debt exceeds Rs. 25,000,000 but does not exceed
Rs. 36,000,000 * 20%-(Note)
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- Where profit on debts exceeds Rs. 36,000,000, tax was applicable on the entire amount of profit at the rate of 35%.
Note: The rate of 17.5% was applicable on the entire amount (and not on amount exceeding Rs. 5 million). Likewise, rate of 20% is applicable on entire amount of profit on debt.
INCENTIVES FOR WHOLESALER, DEALER AND RETAILERS OF SPECIFIED SECTORS
REDUCED WITHHOLDING TAX/MINIMUM TAX RATE FOR TRADE CHAIN OF SPECIFIED SECTORS
Dealers and sub-dealers of sugar, cement and edible oils are allowed reduced withholding tax rate (and the consequential minimum tax) of 0.25% under section 153 on their receipts.
Following amendments are made in this regard:
(i) The above concession has been extended to wholesalers and retailers as well;
(ii) Sectors/goods covered would include fertilizer and fast-moving consumer goods. The term ‘fast moving consumer goods” has been defined to mean consumer goods, which are supplied in retail marketing as per daily demand of a consumer excluding durable goods;
(iii) The above concession would be available only if the dealer and sub-dealer, wholesaler or retailer is already registered under the Sales Tax Act, 1990 or get themselves registered within sixty days of the promulgation of the Amendment Ordinance, 2021 i.e. by April 11, 2021.
Dealers and sub-dealers of sugar, cement and edible oils are also allowed minimum tax rate of 0.25% under section 113 (as against standard rate of 1. 5% applicable on their turnover), provided they are active taxpayers in terms of relevant provisions of both the Income Tax Ordinance, 2001 and Sales Tax Act, 1990.
Following amendments are made in this regard:
(i) The above concession has been extended to wholesalers and retailers as well;
(ii) Sectors/goods covered would include fertilizer and fast-moving consumer goods; and
(iii) The above concession would be available only if the dealer and sub-dealer, wholesaler or retailer is already registered under the Sales Tax Act, 1990 or get themselves registered within sixty days of the promulgation of the Amendment Ordinance, 2021 i.e. by April 11, 2021.
It appears that dealer, distributor and wholesaler of certain specified sectors like cement, sugar and fertilizer would be subject to advance tax collection on their purchases (under section 236G) as well as on their sales to withholding agent (under section 153). Tax withholding under section 153 shall be minimum tax.
REDUCTION IN RATE OF ADVANCE TAX FOR DISTRIBUTORS/WHOLESALERS OF FERTILIZERS
Every manufacturer or commercial importer of fertilizers is required to collect advance tax from distributors, dealers and wholesalers under section 236G at the rate of 0.7%.
The said rate has been reduced to 0.25% if the distributor/dealer/wholesaler is already registered under the Sales Tax Act, 1990 or get themselves registered within sixty days of the promulgation of the Amendment Ordinance, 2021 i.e. by April 11, 2021. Those registered after April 11, 2021 will be subject to advance tax at the rate of 0.7%.
Tax collection under section 236G is adjustable for dealer, distributor and wholesaler of the specified sectors.
TAXATION OF DISTRIBUTORS, DEALERS, WHOLESALERS AND RETAILERS OF MOBILE PHONE DEVICES
It is provided that with effect from July 1, 2020, the provisions of withholding tax under section 153 (1) (a) shall not apply to distributors, dealers, wholesalers and retailers of locally manufactured mobile phone devices as withholding agent.
As a result of exemption of withholding tax on supplies within the supply chain, all these persons would now be subject to tax on their net income.
(To be continued tomorrow)
Copyright Business Recorder, 2021
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