ISLAMABAD: The reintroduced tax on bonus shares would be applicable on both the public and private companies.

Under the Circular No. 2 of 2023 (Income Tax) issued by the Federal Board of Revenue (FBR) on Thursday, the FBR has explained important amendments made in the Income Tax Ordinance, 2001 (the Ordinance) through Finance Act 2023.

The Finance Act has reintroduced tax on shareholders for any bonus share issued by a company. This law is applicable on both public and private companies. In this regard three amendments have been made.

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In the definition of the ‘income’ under section 2(29) of the Ordinance reference to newly inserted section ‘236Z’ has been added by treating any amount which is subject to tax collection and payment under section 236Z as ‘income’ under the Income Tax Ordinance.

In section 39 of the said Ordinance which is relating to head ‘Income from other sources’, a clause (lb) has been inserted to include income arising to the shareholder of a company, from issuance of bonus shares as income from other sources.

The FBR highlighted that a new section 236Z has been inserted in the Ordinance for collection and payment of tax on issuance of bonus shares. The section 236z of the Ordinance makes a company responsible for collection and payment of tax on issuance of bonus shares to any shareholder. Sub-section (1) of section 236 requires the company to withhold l0 percent of the bonus shares as withholding tax (WHT) to be deposited at the day-end price on the first day of closure of books in the case of listed companies.

The shares so withheld will be available to the shareholder if he pays to the company an amount equivalent to the value of bonus shares with-held. As regards the value of bonus shares of other than listed company, separate rules will be laid down for prescribing value of bonus shares on which tax is to be collected and paid. If a shareholder does not pay the amount to acquire the withheld bonus shares, then the company is required to sell the withheld shares in the market and deposit the sale proceeds to the extent of tax liability on behalf of the shareholder. The tax shall be deposited by the company within 15 days of closure of books and the company will be entitled to recover the tax from the shareholder by way of disposal of 10 percent withheld shares or collection of such amount of tax from the shareholder.

The tax collected and paid under this section by the company shall be treated as tax paid by the shareholder which shall be final discharge of tax liability of the shareholder on deemed income arising on account of issuance of bonus shares, FBR added.

Copyright Business Recorder, 2023