AIRLINK 72.59 Increased By ▲ 3.39 (4.9%)
BOP 4.99 Increased By ▲ 0.09 (1.84%)
CNERGY 4.29 Increased By ▲ 0.03 (0.7%)
DFML 31.71 Increased By ▲ 0.46 (1.47%)
DGKC 80.90 Increased By ▲ 3.65 (4.72%)
FCCL 21.42 Increased By ▲ 1.42 (7.1%)
FFBL 35.19 Increased By ▲ 0.19 (0.54%)
FFL 9.33 Increased By ▲ 0.21 (2.3%)
GGL 9.82 Increased By ▲ 0.02 (0.2%)
HBL 112.40 Decreased By ▼ -0.36 (-0.32%)
HUBC 136.50 Increased By ▲ 3.46 (2.6%)
HUMNL 7.14 Increased By ▲ 0.19 (2.73%)
KEL 4.35 Increased By ▲ 0.12 (2.84%)
KOSM 4.35 Increased By ▲ 0.10 (2.35%)
MLCF 37.67 Increased By ▲ 1.07 (2.92%)
OGDC 137.75 Increased By ▲ 4.88 (3.67%)
PAEL 23.41 Increased By ▲ 0.77 (3.4%)
PIAA 24.55 Increased By ▲ 0.35 (1.45%)
PIBTL 6.63 Increased By ▲ 0.17 (2.63%)
PPL 125.05 Increased By ▲ 8.75 (7.52%)
PRL 26.99 Increased By ▲ 1.09 (4.21%)
PTC 13.32 Increased By ▲ 0.24 (1.83%)
SEARL 52.70 Increased By ▲ 0.70 (1.35%)
SNGP 70.80 Increased By ▲ 3.20 (4.73%)
SSGC 10.54 No Change ▼ 0.00 (0%)
TELE 8.33 Increased By ▲ 0.05 (0.6%)
TPLP 10.95 Increased By ▲ 0.15 (1.39%)
TRG 60.60 Increased By ▲ 1.31 (2.21%)
UNITY 25.10 Decreased By ▼ -0.03 (-0.12%)
WTL 1.28 Increased By ▲ 0.01 (0.79%)
BR100 7,566 Increased By 157.7 (2.13%)
BR30 24,786 Increased By 749.4 (3.12%)
KSE100 71,902 Increased By 1235.2 (1.75%)
KSE30 23,595 Increased By 371 (1.6%)

LAHORE: Tax authorities are accused of misinterpreting international tax conventions instead of implementing them while assessing the income of foreign companies working in Pakistan.

These tax conventions are supposed to be of a special nature between the states being party to such bilateral agreements and their aim is to avoid and relieve double taxation through equitable (and acceptable) distribution of tax claims between the countries.

The purpose of these treaties has significant relevance as to how their provisions are to be interpreted. The reason is that the efficacy of such treaties depends on a common and workable interpretation of the treaty terms.

According to sources, such an interpretation requires taking into consideration the international tax language and terminology and placing reliance on legal decisions and practices in other countries because these materials of part of the legal context.

They further pointed out that most countries accept the common interpretation principles of the Vienna Convention on the Law of Treaties of 23rd March 1969 under customary international law.

According to this convention, there may be a number of periods, interspersed with breaks, during which services are furnished by an enterprise. If the aggregate of this period crosses the threshold of four months within any twelve-month period, a permanent establishment will stand constituted.

However, the tax officials prefer to impose a tax on the basis of the permanent establishment of foreign companies and deny tax exemption to the income derived by them against their consultancy services from tax provided in the conventions.

Tax authorities generally allege that foreign companies have permanent establishments in Pakistan; therefore, they are liable to pay tax on the business generated from such permanent establishments.

The sources said the irony is that the assessing authorities wrongly apply the clauses of the international conventions to tax foreign companies, especially those having no permanent establishment here, but providing only consulting services to their Pakistani partners.

It is remorseful to note that the tax authorities seldom bother about proving their claims and prefer to wrong application of the conventions to fleece the foreign consulting firms. Their observations about the actual involvement of foreign companies are not supported by any material on record.

Copyright Business Recorder, 2023

Comments

Comments are closed.

Muhammad Kashif Aug 15, 2023 09:46am
The tax authorities are discouraging foreign investors. And everyone is aware of the outcome of this dirty game. Why the government is silent on this matter?
thumb_up Recommended (0)