ey.com/GlobalTaxGuides
Islamabad GMT +5
EY Ford Rhodes
+92 (51) 287-0290 through 0292
Fax: +92 (51) 287-0293 P.O. Box 2388 Email: frsh.isb@pk.ey.com Islamabad Pakistan
Mail address:
Street address: Eagle Plaza 75, West, Blue Area Fazl-e-Haq Road Blue Area Islamabad 44000 Pakistan
International Tax and Transaction Services – International Corporate Tax Advisory, International Tax and Transaction Services – Transaction Tax Advisory, Business Tax Advisory, Tax Policy and Controversy, People Advisory Services and Indirect Tax
Waqar Zafar
+92 (51) 227-0345
Mobile: +92-300-856-7587 Email: waqar.zafar@pk.ey.com
Karachi GMT +5
EY Ford Rhodes +92 (21) 3565-0007 through 0011
Mail address:
Fax: +92 (21) 3568-1965 P.O. Box 15541 Email: frsh.khi@pk.ey.com Karachi 75530 Pakistan
Street address: Progressive Plaza Beaumont Road Karachi 75530 Pakistan
Principal Tax Contact and Business Tax Services Leader
Haider Ali Patel
+92 (21) 3565-0007
Mobile: +92 333-215-6525 Email: haider.a.patel@pk.ey.com
International Tax and Transaction Services – International Corporate Tax Advisory
Haider A. Patel
+92 (21) 3565-0007
Mobile: +92 333-215-6525 Email: haider.a.patel@pk.ey.com
Salman Haq +92 (21) 3565-0007 Mobile: +92 300-823-3699 Email: salman.haq@pk.ey.com
Business Tax Advisory
Haider A. Patel
+92 (21) 3565-0007
Mobile: +92 333-215-6525 Email: haider.a.patel@pk.ey.com
Salman Haq +92 (21) 3565-0007
Mobile: +92 300-823-3699 Email: salman.haq@pk.ey.com
Saleem Siddiqie
Tax Policy and Controversy
Haider A. Patel
+92 (21) 3565-0007
Mobile: +92 336-255-1615 Email: muhammad.saleem@pk.ey.com
+92 (21) 3565-0007
Mobile: +92 333-215-6525 Email: haider.a.patel@pk.ey.com
Salman Haq +92 (21) 3565-0007
Mobile: +92 300-823-3699 Email: salman.haq@pk.ey.com
Saleem Siddiqie
+92 (21) 3565-0007
Mobile: +92 336-255-1615 Email: muhammad.saleem@pk.ey.com
International Tax and Transaction Services – Transaction Tax Advisory
Haider A. Patel
+92 (21) 3565-0007
Mobile: +92 333-215-6525 Email: haider.a.patel@pk.ey.com
Salman Haq +92 (21) 3565-0007
Mobile: +92 300-823-3699 Email: salman.haq@pk.ey.com
People Advisory Services
Haider A. Patel
+92 (21) 3565-0007
Mobile: +92 333-215-6525 Email: haider.a.patel@pk.ey.com
Salman Haq +92 (21) 3565-0007
Mobile: +92 300-823-3699 Email: salman.haq@pk.ey.com
Khalil Waggan +92 (21) 3565-0007 Mobile: +92 333-233-0664 Email: khalil.waggan@pk.ey.com
Saleem Siddiqie
Indirect Tax
Haider A. Patel
+92 (21) 3565-0007
Mobile: +92 336-255-1615 Email: muhammad.saleem@pk.ey.com
+92 (21) 3565-0007
Mobile: +92 333-215-6525 Email: haider.a.patel@pk.ey.com
Lahore GMT +5
EY Ford Rhodes
+92 (42) 3721-1536 through 1538
Mail address: Fax: +92 (42) 3721-1539 P.O. Box 104 Email: frsh.lhr@pk.ey.com Lahore Pakistan
Street address: Mall View Building 4 Bank Square Lahore 54000 Pakistan
Business Tax Advisory and People Advisory Services
Muhammad Awais
Indirect Tax
Aamir Younas
+92 (42) 3721-1536
Mobile: +92 300-842-9559 Email: muhammad.awais@pk.ey.com
+92 (42) 3577-8404 Mobile: +92 336-255-1660 Email: aamir.younas@pk.ey.com
A. At a glance
Corporate Income Tax Rate (%)
Companies Other than Banking Companies
Banking Companies
Small Companies 21
Capital Gains Tax Rate (%) (a)
Branch Tax Rate (%) 29
Withholding Tax (%) (b)
Dividends 7.5/15/25 (c)
Interest 10/15/20 (d)
Royalties from Patents, Know-how, etc. 15/20 (e)
Fees for Technical Services 8/10/15 (f)
Offshore Digital Services 5/8/10 (g)
Branch Remittance Tax 15 (h)
Net Operating Losses (Years)
(a) Capital gains are taxed at various rates. For details, see Section B. (b) See Section B for a listing of additional withholding taxes.
(c) The 15% rate is the general tax rate for dividends. The 7.5% rate applies to dividends paid by independent power producers if such dividend is a passthrough item under the implementation agreement, power purchase agree ment or energy purchase agreement and is required to be reimbursed by the Central Power Purchasing Agency or its predecessor or successor entity. The 25% tax rate applies to a person receiving a dividend from a company if no tax is payable by such company as a result of specified reasons. The withhold ing tax is imposed on the gross amount of the dividend. The withholding tax on dividends is considered a final discharge of the tax liability on such income (except for banks). The withholding tax rate is doubled for persons not ap pearing in the active taxpayers list (ATL; for details, see Withholding taxes in Section B).
(d) The withholding tax on interest is considered to be an advance payment of tax, which may be credited against the eventual tax liability for the year. Interest paid on loans and overdrafts to resident banks and Pakistani branches of nonresident banks and financial institutions is not subject to withholding tax. The withholding tax rate is 15% of the gross amount of interest paid to resi dent persons. Interest paid to nonresident persons without a permanent estab lishment (PE) in Pakistan is subject to withholding tax at a rate of 10%, while the rate is 20% for nonresidents with a PE in Pakistan. The withholding tax rate is doubled for resident persons not appearing in the ATL (for details, see Withholding taxes in Section B). Interest earned on investments by foreign portfolio investors (not having a PE in Pakistan) through a Special Convertible Rupee Account (SCRA) is subject to withholding tax at 10%. The tax col lected is treated as final tax on such income.
(e) The general withholding tax rate for royalties is 15%. This tax is considered to be a final tax for nonresident recipients of royalties. However, if royalties are derived with respect to properties or rights effectively connected with a PE of a nonresident, a 20% withholding tax rate is imposed, unless a nondeduction certificate is obtained by the PE. The 20% withholding tax is credited against the eventual tax liability. The withholding tax rate on royal ties is doubled for resident persons not appearing in the ATL (for details, see Withholding taxes in Section B).
(f) Fees for technical services do not include consideration for construction, assembly or similar projects of the recipient (such consideration is subject to various withholding tax rates) or consideration that is taxable as salary. The general withholding tax rate is 15% of the gross amount of the payment. This withholding tax is considered to be a final tax for nonresident recipients. However, if technical services are rendered through a PE in Pakistan, the withholding tax rate is 8% in the case of companies and 10% in other cases. The withholding tax is considered to be an advance payment of tax by the nonresident recipient of such technical service fees and may be credited against their eventual tax liability. The withholding tax rate for a PE is dou bled for payments to persons not appearing in the ATL (for details, see Withholding taxes in Section B).
(g) The withholding tax rate for offshore digital services is 5%. This tax is con sidered to be a final tax for nonresident recipients. However, if such services are rendered with respect to properties or rights effectively connected with a PE of a nonresident, the rate is 8% in the case of companies and 10% in other cases. The withholding tax rate for a PE is doubled for persons not appearing in the ATL (for details, see Withholding taxes in Section B).
(h) Remittances of after-tax profits by branches of nonresident petroleum explo ration and production companies are not taxable.
B. Taxes on corporate income and gains
Corporate income tax. Companies that are resident in Pakistan are subject to corporation tax on their worldwide income. Tax is levied on the total amount of income earned from all sources in the company’s accounting period, including dividends and taxable capital gains. Branches of foreign companies and nonresident companies are taxed only on Pakistan-source income. A company is resident in Pakistan if it is incorporated in Pakistan or if its control and management are exercised wholly or almost wholly in Pakistan during the tax year. Company is defined to include the following:
• A company as defined in the Companies Act, 2017 (formerly the Companies Ordinance, 1984)
• A body corporate formed by or under any law in force in Pakistan
• An entity incorporated by or under the corporation law of a country other than Pakistan
• The government of a province
• A local government in Pakistan
• A foreign association that the Federal Board of Revenue de clares to be a company
• A modaraba, cooperative society, finance society or other society
• A nonprofit organization
• A trust, an entity or a body of persons established or constituted by or under any law that is in force
• A small company
Tax rates. For the 2022 tax year (income year ending on any day between 1 July 2021 and 30 June 2022), the tax rate is 29%. However, for banking companies, the tax rate is 35%.
Small companies are subject to tax at a rate of 21% for the 2022 tax year.
Small companies are companies incorporated after 1 July 2005 that meet the following conditions:
• They have paid-up capital and undistributed reserves of not exceeding PKR50 million.
• They have no more than 250 employees at any time during the year.
• They have annual turnover not exceeding PKR250 million.
• They were not formed as a result of a restructuring involving the splitting up or reorganization of an already existing business.
• They are not a small or medium-sized enterprise, which is an enterprise not engaged in manufacturing that has business turn over in a tax year not exceeding PKR250 million.
The gross revenue of nonresidents’ air transportation and ship ping businesses is taxed at 3% and 8%, respectively. This income is not subject to any other tax.
The shipping business of resident persons is taxed on the basis of registered tonnage per year.
Builders and developers are subject to tax at varying rates depend ing on the area and size of the property.
Certain types of income are subject to final withholding taxes. For information regarding these taxes, see Section A and Withholding taxes.
Super tax. The 2015 Finance Act introduced a super tax for reha bilitation of temporarily displaced persons for the 2015 tax year, and the 2016 Finance Act extended the tax to the 2016 tax year. The 2017 Finance Act further extended this tax to the 2017 tax year. The 2018 Finance Act extended the tax up to the 2021 tax year. However, the tax rate is reduced by 1% for each tax year for companies other than banking companies. For the 2022 tax year, the tax rate is 4% for banking companies and 0% for other com panies. All banking companies must pay the super tax at a rate of 4% of their income, regardless of the amount of their income.
Alternative corporate tax. The 2014 Finance Act introduced an alternate corporate tax, which is effective from the 2014 tax year. If the corporate tax is less than 17% of the accounting income (excluding certain types of income and related expenses), alter native corporate tax is required to be paid as minimum tax. The difference between the corporate tax and alternative corporate tax can be carried forward to offset corporate tax for a maximum period of 10 years.
Tax incentives. Some of the significant tax incentives available in Pakistan are described in the following paragraphs.
Private sector projects engaged in the generation of electricity are exempt from tax. However, this exemption is not available to oilfired electricity generation plants set up during the period of 22 October 2002 through 30 June 2006.
Income (other than capital gain on securities held for less than 12 months) derived from instruments of redeemable capital, as defined in the Companies Ordinance, 1984, by the National Investment (Unit) Trust of Pakistan established by the National Investment Trust Limited or by mutual funds, investment compa nies, collective-investment schemes, real estate investment trust (REIT) schemes or the Private Equity and Venture Capital Fund established by the National Investment Trust Limited is exempt from tax if such enterprises distribute at least 90% of their profits to their unit holders.
Income derived by a collective-investment scheme or real estate investment trust scheme is exempt from tax if at least 90% of the scheme’s accounting income for the year, reduced by realized and unrealized capital gains, is distributed among the unit or certifi cate holders or shareholders.
A tax credit is allowed to a company that is set up in Pakistan before 1 July 2011 if it invests at least 70% new equity raised through issuance of new shares in the purchase and installation of plant and machinery for an industrial undertaking, for the expansion of plant or machinery already installed or for the undertaking of a new project. The credit is allowed against the tax payable for
a period of five years. The credit is calculated by applying the proportion of new equity to total equity including new equity against the tax payable.
A tax credit equal to 20% of the amount of investment is allowed to a company that is set up in Pakistan before 1 July 2011 and that makes an investment during the period of 1 July 2011 through 30 June 2016 with 100% new equity raised through the issuance of new shares, for the purpose of balancing, modernization and replacement of plant and machinery already installed in an indus trial undertaking owned by a company. The tax credit may be carried forward up to five years.
A tax credit is available for 10 years to a company formed to establish and operate a new manufacturing unit set up between 1 July 2015 and 30 June 2019. The tax credit equals 2% of the tax payable for every 50 employees registered with the social security institutions of the federal and provincial governments. The total tax credit is restricted to 10% of the total tax payable.
Profits and gains derived by a taxpayer from a bagasse or biomassbased cogeneration power project having one or more boilers of not less than 60 bar (kg/CM3) pressure each, commissioned after 1 January 2013, are exempt from tax.
Profits and gains derived by a refinery from new deep conversion refining of at least 100,000 barrels per day for which approval is given by the federal government before 31 December 2021, or for the purpose of upgradation, modernization or expansion project of an existing refinery, which makes an undertaking to the federal government in writing before 31 December 2021 in this regard, are exempt from tax. This exemption is available for a period of 20 years beginning from the date of commencement of commer cial production in the case of a new refinery and 10 years from the date of completion of upgradation, modernization or expansion project of an existing refinery. The exemption under this clause is only available to refineries whose products fulfill Euro 5 stan dards.
A tax credit is allowed to the following persons and income equal to 100% of the tax payable under any provisions of the Tax Ordinance, 2001, including minimum, alternate corporate tax and final taxes for the period, if one of the following specified conditions are met:
• Persons engaged in coal mining projects in Sindh, supplying coal exclusively to power generation projects.
• A startup for the tax year in which the startup is certified by the Pakistan Software Export Board and for the following two tax years.
• Income from exports of computer software or services or infor mation technology-enabled services up to 30 June 2025. This credit is available subject to the condition that 80% of the export proceeds are brought into Pakistan in foreign exchange remitted from outside Pakistan through normal banking chan nels.
A 20% tax credit is available on investment in the purchase and installation of new machinery, buildings, equipment, hardware and software, except self-created software and used capital
goods, against tax payable (including minimum and final taxes) in the following situations:
• Greenfield industrial undertaking engaged in manufacturing of goods or shipbuilding, subject to the condition that the person is incorporated between 30 June 2019 and 30 June 2024, is not formed by the splitting up or reconstitution of an undertaking already in existence or by transfer of machinery, plant or build ing from an undertaking established in Pakistan prior to com mencement of the new business and is not part of an expansion project
• Industrial undertaking set up by 30 June 2023 and engaged in the manufacturing of plant, machinery, equipment and items with dedicated use for generation of renewable energy from sources such as solar and wind, for a period of five years begin ning from the date such industrial undertaking is set up.
Unadjusted credit, if any, in the year of investment can be carried forward to the following two tax years.
Capital gains. Capital gains on shares of public companies, vouch ers of the Pakistan Telecommunication Corporation, modaraba certificates, instruments of redeemable capital, debt securities and derivative products are taxable. The tax rates for the 2022 tax year for capital gains on securities are shown below.
If the acquisition date of the securities was before 1 July 2013, the rate is 0%.
If the acquisition date of the securities is on or after 1 July 2013, the rate is 12.5%, regardless of the holding period.
For capital gains on future commodity contracts entered into by members of the Pakistan Mercantile Exchange, the rate is 5%.
Capital gains earned on disposals of debt instruments and gov ernment securities purchased by foreign portfolio investors (not having a PE in Pakistan) through an SCRA is subject to deduction of tax at 10% by the banking companies maintaining the SCRAs of such investors. The tax collected by the banks is treated as a final tax on capital gains earned by such nonresident investors.
Capital gains on other assets (including non-public securities) are taxable at the corporate rate. However, only 75% of capital gains derived from transfers of capital assets, excluding immovable properties and assets on which tax depreciation or amortization is claimed, is taxed if the assets were held for more than 12 months.
Capital gains on the disposal of listed securities and the tax pay able on the gains are computed, determined, collected and depos ited on behalf of a taxpayer by the National Clearing Company of Pakistan Limited (NCCPL), which is licensed as a clearing house by the Securities and Exchange Commission of Pakistan. However, the NCCPL does not collect tax from the following categories of the taxpayers:
• Mutual funds
• Banking companies, nonbanking finance companies and insur ance companies
• Modarabas
• Companies, with respect to debt securities only
• Other persons or classes of persons notified by the Federal Board of Revenue
The investors listed above are required to self-pay their capital gain tax obligation on a quarterly basis at a rate of 1.5% or 2% of the amount of gain, depending on the holding period of the secu rities. They must file a statement of advance tax and pay the tax within 21 days after the end of each quarter.
Capital gains on immovable property are calculated as shown in the following table.
Holding period
Not exceeding one year
Exceeding one year but not exceeding two years
Exceeding two years but not exceeding three years
Gain
Consideration - cost
¾ of (consideration - cost)
½ of (consideration - cost) Exceeding three years but not exceeding four years
¼ of (consideration - cost) Exceeding four years
0
The above gains on immovable property are subject to tax at the following rates:
• Gain up to PKR5 million: 3.5%
• Gain above PKR5 million and up to PKR10 million: 7.5%
• Gain above PKR10 million and up to PKR15 million: 10%
• Gain above PKR15 million: 15%
Capital losses can be offset only against capital gains. Capital losses can be carried forward for six years. Capital losses on disposals of securities (shares of public companies, vouchers of the Pakistan Telecommunication Corporation, Modaraba Certificates, instruments of redeemable capital and derivative products) in the 2019 tax year and onward that have not been set off against capital gains on the disposal of securities chargeable to tax can be carried forward up to the three tax years immedi ately following the tax year in which loss was first computed.
Administration
Business license. Every person engaged in a business, profession or vocation is required to obtain and display a business license as prescribed by the Federal Board of Revenue. The Commissioner of Inland Revenue may impose a fine on a person who fails to obtain such license. The amount of the fine is PKR20,000 in the case of persons deriving taxable income and PKR5,000 in other cases if income is exempt from tax or below the tax limit. The Commissioner also may cancel the business license of a person if the person fails to notify the change in particulars of the busi ness license to the Commissioner within 30 days of such change or if the person is convicted of any offense under any federal tax law.
Filing requirements. The tax year commences on 1 July and ends on 30 June. Companies are required to end their fiscal years on 30 June. Special permission is required from the Commissioner of Inland Revenue to use a different year-end. The Federal Board of Revenue has specified 30 September as the year-end for certain industries, such as sugar and textiles, and 31 December as the year-end for insurance companies.
An income tax return must be filed by 30 September of the follow ing year if the company’s year-end is from 1 July through 31 December and by the following 31 December if the year-end is from 1 January through 30 June. Any balance due after deduct ing advance payments and withholding taxes must be paid when the tax return is filed.
Advance tax payments. In general, advance tax is payable quar terly based on the tax to turnover ratio of the latest tax year. However, banking companies must pay advance tax on a monthly basis. If the tax liability is estimated to be more or less than the tax charged for the prior tax year, an estimate of tax liability can be filed and advance tax liability can be paid in accordance with such estimate, subject to certain conditions. For taxpayers other than banking companies, the due dates for the advance tax pay ments are 25 September, 25 December, 25 March and 15 June. Banking companies must pay advance tax by the 15th day of each month.
Adjustable quarterly advance tax on capital gains from the sale of securities is payable on the capital gains derived during the quarter by companies within 21 days after the end of each quar ter at a rate of 2% if the holding period is less than 6 months and 1.5% if the holding period is between 6 and 12 months.
Minimum tax. Resident companies, PEs of nonresident compa nies and nonresident banking companies are subject to a mini mum income tax equal to 1.25% of gross receipts from sales of goods, services rendered and the execution of contracts, if the corporate tax liability is less than the amount of the minimum tax. The excess of the minimum tax over the corporate tax liability may be carried forward and used to offset the corporate tax liability of the following five tax years. Reduced rates are appli cable on certain categories of taxpayers, including the following:
Rate of minimum tax applied to a
Taxpayer category taxpayer’s turnover (%)
Oil marketing companies, Sui Southern Gas Company Limited and Sui Northern Gas Pipelines Limited (with annual turnover exceeding PKR1 billion), Pakistani airlines and the poultry industry 0.75 Oil refineries and motorcycle dealers registered under the Sales Tax Act, 1990 0.5 Distributors of pharmaceutical products, fast-moving consumer goods and cigarettes, petroleum agents and distributors registered under the Sales Tax Act, 1990; rice mills and dealers, flour mills, Tier-1 retailers of fast-moving consumer goods who are integrated with the Federal Board of Revenue or its computerized system for real-time reporting of sales and receipts; persons’ turnover from supplies through e-commerce, including from running an online marketplace, and persons engaged in the sale and purchase of used vehicles 0.25
Withholding taxes. Withholding tax is an interim tax payment that may or may not be the final tax liability. Amounts withheld that are not final taxes are credited to the final tax liability of the taxpayer for the relevant year.
In addition to the withholding taxes listed in Section A, payments by corporations and companies are subject to the taxes listed below that are deducted or collected at source. The withholding tax rates are increased by 100% (doubled) for persons not appear ing in the ATL with certain exceptions as provided in the Tenth Schedule to the Income Tax Ordinance, 2001. The ATL is a list that includes the names and registration numbers of persons who have filed income tax returns for the latest tax year by the due date. Those who have not filed income tax returns by the due date may be included in the ATL on the filing of a return after the due date and the payment of a penalty for the late filing. The tax deducted from persons not appearing in the ATL may be credited against the eventual tax liability of such persons if the return is filed within the specified time period. The following are the withholding tax rates.
Tax Rate
Foreign-exchange proceeds from exports of goods 1% (a)
Rent for immovable property Various (b) Payments for goods
Specified goods (rice, cotton seeds and edible oil)
1.5%/3% Sales by distributors of cigarettes and pharmaceutical products
1%/2% Other goods
Payments to companies 4%/8% (c) Payments to PEs of nonresidents
Payments to companies 4% (c) Payments to others 4.5% (c)
Payments to others 4.5%/9% (c) Imports of goods; rates depend on the classification of goods in the Twelfth Schedule to the Income Tax Ordinance, 2001 1% to 5.5%/2% to 11% (d) Payments under executed contracts for construction, assembly and similar projects by nonresident contractors 7% (e)
Payments under executed contracts (other than contracts for the sale of goods or rendering of services)
By nonresidents having a PE
Sports persons 10% (e)
Other persons 7% (e)
By companies 6.5%/13% (e)
By other taxpayers 7%/14% (e)
By sports persons 10%/20% (e)
Payments for services
Rendered by residents
Services in specified services sectors
3%/6% (f)
Tax Rate
Electronic and print media advertising services
Other services
By companies
By other taxpayers
Rendered by nonresidents through PEs Services in specified service sectors
Other services
By companies
1.5%/3% (f)
8%/16% (f)
10%/20% (f)
3% (f)
8% (f)
By other taxpayers 10% (f)
Brokerage and commission
Indenting commission
Advertising agents
Life insurance agents whose commission is less than PKR500,000 per year
5% (a)(g)
10%/20% (a)(g)
8%/16% (a)(g) Other commission and brokerage 12%/24% (a)(f)
Advertisement services by a nonresident person relaying from outside Pakistan (broadcasting an advertisement into Pakistan from outside the country)
10%/20% (e)
Advertisement services performed by nonresident media persons 20%/40% (a)
Payments to employees (g)(h)
Payments to distributors, dealers and wholesalers for specified goods
0.1%/0.2%/ 0.7%/1.4%/0.25% (i)
Transfers of immovable property 1%/2% (j)
Sales to retailers 0.5%/1% (k)
Purchase of motor vehicles Various (l)
Registration of motor vehicles Various (l) Electricity consumption 0%-12% (m)
Telephone use, including internet and mobile Various
Auction of property or goods
5%/10%/20% (n)
Right to use machinery and equipment 10% (o)
(a) This tax is a final tax.
(b) Property income is subject to bottom-line profit taxation. The tax deducted at source may be credited against the eventual tax liability. The rate is 15% for payments made to companies. For payments made to individuals or associa tions of persons, the rate ranges from 0% to 35%, depending on the amount of rent. The rate is doubled for persons not appearing in the ATL.
(c) Tax deducted on the sale of goods is a minimum tax for resident companies as well as for PEs of nonresidents in Pakistan. The tax deduction may be credited against the eventual tax liability for listed companies and companies engaged in the manufacturing of goods. No withholding is required on imported goods sold by an importer if tax at the import stage has been paid. The tax rate is doubled for persons (other than PEs of nonresidents) not appearing in the ATL.
(d) This tax is a minimum tax for entities engaged in the trading of imported goods. The tax paid may be credited against the eventual tax liability of the taxpayer calculated at the corporate tax rate on total income relating to such imports if such tax liability is higher than the amount of tax paid at import stage. Lower rates may apply to importers or manufacturers of specific goods. The tax rate is doubled for persons not appearing in the ATL. The tax is an advance tax on imports of goods by industrial undertakings for their own use. The tax rate on such imports is 1% or 2%.
(e) The tax withheld is treated as a minimum tax if the tax liability computed on a bottom-line profit basis is less than the amount of the tax withheld.The tax rate is doubled for persons (other than PEs of nonresidents) not appearing in the ATL.
(f) The tax withheld is treated as a minimum tax if the tax liability computed on a bottom-line profit basis is less than the amount of the tax withheld. Specified services sectors include transportation services, freight forwarding services, air cargo services, courier services, manpower outsourcing services, hotel services, security guard services, software development services, infor mation technology services and information technology-enabled services, tracking services, advertising services (other than print and electronic media), share registrar services, engineering services, car rental services, building maintenance services, services rendered by Pakistan Stock Exchange Limited and Pakistan Mercantile Exchange Limited, inspection, certification, testing, training, warehousing services, services rendered by asset manage ment companies, data services provided under a license issued by the Pakistan Telecommunication Authority, telecommunication infrastructure (tower) services, oilfield services, telecommunication services, collateral management services, travel and tour services, subject to fulfillment to cer tain conditions.
(g) This tax is imposed on residents and nonresidents.
(h) The applicable rate depends on the income earned by the employee for the year.
(i) The tax is collected by manufacturers and commercial importers at the time of the sale of goods in specified sectors. The tax collected is an advance tax for distributors, dealers and wholesalers. The 0.1% rate applies to sales of goods other than fertilizers. The 0.7% rate applies to fertilizer sales. The rate for fertilizers is 0.25% for persons appearing in the ATLs for both income tax and sales tax.
(j) A person responsible for registering or attesting the transfer of immovable property must collect the tax from the person selling or transferring the prop erty (other than certain persons specified as exempt). The tax collected is an advance tax. A 1% rate applies to the gross amount of consideration received on the sale of property.
(k) The tax is collected by manufacturers, distributors, dealers, wholesalers or commercial importers at the time of the sale of goods in specified sectors to retailers. The tax collected may be credited against the eventual tax liability.
(l) This advance tax is collected by the motor vehicle registration authorities at the time of registration of the vehicle. The rates vary according to the engine capacity of the relevant motor vehicles.
(m) This advance tax is collected by electric companies at the time of issuance of invoices to consumers. Progressive rates ranging from 0% to 12% applies to industrial and commercial consumers.
(n) Specified persons making sales through public auction or auction by tender are required to collect advance tax at a rate of 5% on immovable property and 10% on goods. Tax collected on leases of the right to collect tolls is a final tax.
(o) This is a minimum tax.
In general, for payments not listed in the above tables or in Section A, withholding tax is imposed at a rate of 20% on pay ments to nonresidents subject to tax in Pakistan.
Interest and penalties. For a failure to file an income tax return by the due date, a penalty equal to higher of 0.1% of the gross tax payable for each day of default or PKR1,000 is imposed, subject to a minimum penalty of PKR50,000. The penalty shall not exceed 200% of the gross tax payable. The penalty shall be reduced by 75%, 50% and 25% if the return is filed within one, two or three months, respectively, after the due date or extended due date for the filing of the return.
The 2018 Finance Act introduced a new Section 182A of Income Tax Ordinance, 2001, which provides that if an income tax return of a person has not been filed by the due date or extended due date, the name of the person is not included in the ATL for the tax year for which the return was not filed by the due date. The per son is also not allowed to carry forward any losses for that tax year or adjust a refund for that tax year during the period that the person is not included in the ATL, and not entitled to additional payment for a delayed refund. The 2020 Finance Act inserted a
new subsection in the above section, which provides that if a person fails to furnish or update a taxpayer’s profile by the due date, the person’s name shall not be included in the ATL for the latest tax year ending prior to the due date. However, the person can be included in the ATL by filing an income tax return after the due date and paying a surcharge of PKR20,000.
In addition, interest and penalties are imposed in the following circumstances:
• Interest at a rate equal to 12% per year is charged if tax pay ments, including advance tax payments, are not made or are partially paid.
• For non-payment or underpayment of tax, a penalty equal to 5% of the amount of tax in default is imposed. For a second default, a penalty equaling an additional 25% of the amount of tax in default is imposed. For any subsequent defaults, an additional penalty equal to 50% of the amount of tax in default is imposed.
• If income is concealed, a penalty equal to the amount of tax sought to be evaded or PKR100,000, whichever is higher, is levied in addition to the normal tax payable.
The income tax department is required to pay compensation at the Karachi Interbank Offered Rate (KIBOR) plus 0.5% per year on refunds due that have not been paid within three months after the due date, from the expiration of the three months until the date on which the refund is paid.
Dividends. Dividends, including remittances of profits by a Pakistan branch to its head office (other than remittances of prof its by a Pakistan branch engaged in exploration and production of petroleum), are subject to withholding tax at a general rate of 15%. The withholding tax is considered to be a final discharge of the tax liability. A 7.5% rate is imposed on certain dividends (also, see footnote [c] to Section A). Intercorporate dividends paid within a wholly owned group are exempt from tax, provided that a group return has been filed for the latest completed tax year.
Foreign tax relief. A foreign tax credit is granted to resident com panies with respect to foreign-source income at the average rate of Pakistani income tax or the actual foreign tax paid, whichever is less. If foreign income is derived under different heads (catego ries) of income, the amount of the allowable credit is applied separately to each head of income. However, income derived under a particular head of income from different locations is pooled together. A credit is allowed only if the foreign income tax is paid within two years after the end of the tax year in which the foreignsource income is derived.
C. Determination of taxable income
General. The determination of taxable income is generally based on the audited financial statements, subject to certain adjustments. Any income accruing or arising, whether directly or indi rectly, through or from a PE or any other business connection in Pakistan, through or from any asset, property or source of income in Pakistan, or through the transfer of a capital asset located in Pakistan, is subject to tax.
Expenses incurred to derive income from business that is subject to tax are allowed as deductions to arrive at taxable income. For
branches of foreign companies, allocated head-office expenses may be deducted, up to an amount calculated by applying the ratio of Pakistani turnover to worldwide turnover.
Inventories. Inventory for a tax year is valued at the lower of cost or net realizable value of the inventory on hand at the end of the year. If a particular item of inventory is not readily identifiable, the first-in, first-out (FIFO) or weighted-average methods may be used. The valuation method should be applied consistently from year to year, but the method may be changed with the prior approval of the tax authorities.
Provisions. General provisions for bad debts are not allowed as deductions from income. However, a charge for specific bad debts may be allowed if the debt is accepted by the income tax officer as irrecoverable.
Nonbanking finance companies and the House Building Finance Corporation may claim a deduction equal to 3% of the income from consumer loans for the maintenance of a reserve for bad debts resulting from such loans. In this context, a consumer loan is a loan obtained for personal, family or household purposes and includes debts resulting from the use of a credit card or insurance premium financing.
For advances and off-balance sheet items, banking companies are allowed a provision not exceeding 1% of their total advances. This percentage is increased to 5% with respect to consumers and small and medium-sized enterprises. The provision is allowed if a certificate from the external auditor is furnished by the banking company to the effect that such provisions are based on and are in line with the Prudential Regulations issued by the State Bank of Pakistan. The amount in a provision in excess of the allowable percentage may be carried over to succeeding years.
Tax depreciation. Depreciation recorded in the financial statements is not allowed for tax purposes. Tax depreciation allowances are given on assets, such as buildings, plant and machinery, comput ers and furniture owned by the company and used for business purposes. A depreciation allowance equal to 50% of the deprecia tion for the year is allowed in the year in which the asset is placed in service, and 50% of the depreciation allowance is allowed in the year of disposal of the asset.
Depreciation is calculated using the declining-balance method. The following depreciation rates are generally used.
Annual allowance
Assets %
Buildings 10
Furniture and fixtures 15 Machinery and plant, technical or professional books, ships and motor vehicles 15
Computer hardware including printers, machinery and equipment used in the manufacturing of information technology products, aircraft and aero engines