Principles of Taxation Question Bank ICAP
Principles of Taxation Question Bank ICAP
Principles of Taxation Question Bank ICAP
Question
Bank
Principles of Taxation
Notice
Emile Woolf International has made every effort to ensure that at the time of writing the
contents of this study text are accurate, but neither Emile Woolf International nor its directors
or employees shall be under any liability whatsoever for any inaccurate or misleading
information this work could contain.
ii
C
Contents
Page
Questions
Section A
41
Answers
Section B
iii
Principles of taxation
iv
Answer
page
41
42
43
Chapter 3: Ethics
3
Canons of Taxation
45
Definitions/concepts
45
Residential status
46
Mr. A
47
Mr. Mushtaq
48
49
10
Mr. Hayat
50
11
51
12
Mr. Mateen
51
13
Mr. Aslam
53
14
Mr. Akram
54
15
Mr. Aslam
56
Principles of taxation
Question
page
Answer
page
Mr. Asad
57
17
Amir-ud-Din Ltd
58
18
Mr. Akmal
59
59
20
Ideal Associates
60
21
Carrot Ltd
10
60
10
61
10
62
Mr. Shahbaz
Multiple Individuals
11
63
25
Beena Sikandar
11
63
Mr. Ashraf
12
65
27
13
66
28
Dr. AA Qureshi
14
68
29
14
69
30
Mr. A. D. Chughtai
15
70
31
Mr. Hyder
16
71
32
Donation
16
72
33
16
73
34
Ms. Saima
18
74
35
Mr. Bilal
19
75
36
Mr. Faisal
19
75
AB Associates (AOP)
19
76
38
AB & Co.
21
78
39
Hameeda
22
79
40
T & H Enterprises
22
80
vi
41
Question
page
Answer
page
24
81
Margaret
24
83
25
84
Mr. Sami
Chandi Enterprises
25
85
45
26
85
26
86
Chapter 16 Appeal
46
Zubaida
Ravi Limited
27
86
48
Registration
27
87
49
27
87
50
Mr. Furqan
28
88
51
Manufacturer
28
88
M/S ABC
28
89
53
29
89
54
29
90
55
Mr. Kaleem
30
90
56
30
91
57
31
93
58
Leproc Associates
32
94
59
33
95
60
Mr. Yousha
33
95
61
33
95
62
34
96
63
34
97
64
35
98
65
Mr. Insaf
36
99
66
Mr. Rizwan
36
100
vii
Principles of taxation
Question
page
Answer
page
67
36
101
68
Zainab
37
102
69
37
103
70
38
104
39
105
viii
SECTION
Briefly explain difference in direct and indirect taxes and different kind of such taxes
prevailing in Pakistan.
List the taxes on which Federal Government is authorised to legislate under the
Constitution of Pakistan and also taxes levied by using these provisions of constitution.
CHAPTER 3 ETHICS
3
What is the difference between a public company and a private company within the
meaning of the Income Tax Ordinance, 2001?
Industrial Undertaking
Apportionment of Expenditures
Determine the residential status in view of the provisions of Income Tax Ordinance,
2001 and the stated rules, of the following persons for the tax year ended June 30,
2014 under the given circumstances.
(i)
Mr. Mubeen came to Pakistan for the first time on a special assignment from his
company on April 01, 2013 and left the country on September 30, 2013.
Principles of taxation
(ii)
Mr. Rana, who had never travelled abroad in his life, got a job in Canada. He went
to Canada on December 29, 2013 to assume his responsibilities as a CFO. In
June, 2014 his company sent him to India on a training workshop. On June 30,
2014 on his way back to Canada he had to stay in Karachi for a whole day in
transit.
(iii)
Mr. Baber, a Federal Government employee was posted to the Pakistan mission in
Geneva from July 01, 2013 to June 30, 2014.
(iv)
Mr. Francis, a sugar dealer in Brazil, came to Pakistan on July 31, 2013. During his
visit he stayed at Lahore for 60 days and spent the rest of the days in Karachi. He
left the country on January 31, 2014. Assume that the Commissioner has granted
him permission to use calendar year as a special tax year.
MR. A
Mr. A is an employee of a multinational company incorporated in Pakistan. His
remuneration during the year was as follows Rupees
(1)
Basic salary
1,117,245
(2)
Reward
22,062
(3)
Bonus
300,000
(4)
643,514
(5)
Utility allowance
111,724
The Company has provided him a car for personal and business use. The cost of the
car was Rs. 1,100,000.
During the year Mr. A has been paid an interest free loan for construction of a house
amounting to Rs. 1,150,000.
In addition to the above, Mr. A was granted Stock Option of 2500 shares by the Head
Office of the Company at US$ 36 per shares. Out of the above stock option, 1250 shares
vested to him during the year were immediately exercised by him. The price of the share
at the time of exercise was US$ 41 per share. The exchange rate between US$ and Pak
Rupee on the date on which Mr. A exercised his option was US$ 1 = Rs.103.
Required:
During the year the company has withheld tax from his salary amounting to Rs. 695,000.
You are required to compute his taxable income and tax thereon for the Tax Year 2014.
MR. MUSHTAQ
Mr. Mushtaq has provided you with the following data for the computation of his total
income and tax thereon for the tax year 2014.
Rupees
Basic salary
225,000
Bonus
50,000
Conveyance allowance
50,000
101,250
60,000
20,000
30,000
During the year Mr. Mushtaq was issued 5,000 shares under an employee share option
scheme whereby he was offered shares at 25% discount to the market value. The
market value of shares is Rs.11 per share. House loan taken by Mr. Mushtaq Rs.
200,000. Interest paid on such loan during the year amounted to Rs. 6,000.
Required:
You are required to compute his taxable income and tax thereon. Show all
computations and assumptions, as necessary.
9
Company A
Company B
Basic salary
714,158
572,572
Bonus
150,000
71,800
258,663
222,746
71,415
57,257
Leave encashment
77,783
NIL
35,000
25,000
2,048,300
Utility allowance
Conveyance provided by employer partly used
for business and private use. Cost of the car
purchased by the company Rs.1,100,000
Ex-gratia payment
handshake scheme
received
under
golden
Principles of taxation
The detail of assessed income and assessed tax in respect of past three years is as
follows:
Rs.
Rs.
2011
1,309,570
269,902
2012
1,545,850
371,255
2013
2,264,940
557,633
During the year Company A had deducted tax under section 149 amounting to Rs.
270,000 and Company B had deducted tax under section 149 amounting to Rs.
800,000 from payments made to Mr. Bashir.
Required:
Compute the taxable income and tax liability of Mr. Bashir based on the data provided
above for the tax year 2014.
10
MR. HAYAT
Mr. Hayat, chief engineer in Mega Limited, had received 6,000 shares of the company
in July 2011, under an employee share scheme. Mr. Hayat had the option to transfer
the shares in tax year 2013 or thereafter. The market value of shares at the time of
issue was Rs. 12 per share. In 2013 the share attained a market value of Rs. 20;
however, Mr. Hayat sold the shares in May 2014 when the share price was Rs. 35 per
share.
Required:
(i)
With reference to above, briefly explain the relevant provisions of the income tax
Ordinance, 2001 relating to employee share scheme.
(ii)
11
Compute the amount to be included in the taxable income of Mr. Hayat for each
tax year.
Payroll
Rupees
(i)
Monthly payroll
22,000
(ii)
(iii)
(iv)
10,000
40,800
(b)
Residential electricity
(ii)
5,000
(iii)
(iv)
6,000
(v)
(vi)
(c)
Rupees
20,000
Club bills
Internet usage reimbursement
13,885
4,000
9,000
80,000
(ii)
70,000
Required:
Compute total income of Mr. Khan for tax year 2014.
12
MR. MATEEN
Mr. Mateen was employed with Melody Limited (ML) as an event organizer. On June
30, 2013 he resigned from his employment without completion of notice period. On July
01, 2013 he joined another company Rock Star Limited (RSL) as a senior event
organizer. Following information is available relating to his assessment for the tax year
2014:
(a) On July 01, 2013 RSL paid Rs. 280,000 to ML as compensation in lieu of unserved notice period by Mr. Mateen.
(b)
On July 15, 2013 Mr. Mateen received a gratuity of Rs. 350,000 from an
unrecognized gratuity fund maintained by ML. He also received Rs. 150,000 as
leave encashment.
(c)
In accordance with the terms of his employment with RSL, Mr. Mateen was
provided with the following emoluments / benefits during the tax year 2014:
(i)
Basic salary of Rs. 245,000 per month and utility allowance of Rs. 21,000
per month.
(ii)
(iii)
For the first two months of his employment, a pick and drop facility was
provided to Mr. Mateen at a monthly rent of Rs. 25,000. On September 01,
2013 RSL provided a company maintained 1300 cc car which was partly
used for private purposes. The cost of the car was Rs. 1,500,000.
(iv)
Monthly salary of Rs. 6,000 was paid to Mr. Mateens house keeper. Mr.
Mateen however, reimbursed 20% of the house keepers salary to RSL.
(v)
Principles of taxation
(vi)
(vii) A commission of Rs. 500,000 was paid for introducing new clients to the
company. Withholding tax was deducted by RSL at the rate of 10% from
such payments.
(viii) The tax deducted at source from his salary by RSL for the tax year 2014
amounted to Rs. 550,000.
(d)
Apart from his employment with RSL, Mr. Mateen also organized events for
private clients. He received a total of Rs. 1,000,000 from such clients. No tax was
deducted from such receipts. However, he incurred an overall loss of Rs.
350,000 on organizing these events.
(e)
On May 31, 2014 he received Rs. 180,000 from Mr. Ali as consideration for
vacating his bungalow.
(f)
(g)
Mr. Mateen acquired 10,000 shares of a listed company from the Privatization
Commission of Pakistan at a price of Rs.10 per share on May 31, 2013. He was
allowed a tax credit of Rs. 15,000 in tax year 2013 against this investment. On
May 20, 2014 he sold all the shares for Rs. 1,000,000.
(h)
Required:
Compute the taxable income, tax liability and tax payable / refundable, if any, by Mr.
Mateen for the tax year 2014.
13
Mr. Aslam
Mr. Aslam has been appointed by Grace University of Commerce (GUC) on 01
December 2013, as its full time teacher to teach Taxation. The break-up of his monthly
salary from the employer is given below:
(Rupees)
Basic salary
100,000
Utilities allowance
10,000
30,000
25,000
Bonus
24,000
GUC agreed to bear Rs. 5,000 monthly on account of tax chargeable on Mr. Aslams
salary. He was also provided with a motor vehicle having cost of Rs.1,500,000. The
vehicle was to be used partly for official use. Medical re-imbursements in terms of
employment amounted to Rs. 110,000.
On 01st January 2014, Mr. Aslam was granted an option to acquire 1,000 shares under
the employee share scheme. Option was acquired at a cost of Rs.5,000 whereas the
exercise price was Rs.30 per share. Mr. Aslam sold half of the option at Rs. 4,000 and
exercised the remaining option on 31st January 2014 when the fair market value of
shares was Rs. 50 per share. These shares were, however, subject to restriction on
transfer till 31st March 2014. On this date, the fair market value had climbed to Rs. 60
per share. GUC deducted tax at Rs. 5,000 per month out of Mr. Aslams salary.
Required
On the basis of foregoing, compute Mr. Aslams taxable income and tax liability for tax
year, 2014.
14
Mr. Akram
Mr. Akram is an employee of Royal Brands Ltd. (a listed Co). In tax year 2014, his
basic salary aggregated to Rs. 500,000. The company offered him shares option for
acquiring 5,000 shares under employee share scheme. Cost of option amounted to Rs.
1,000. He exercised the option @ Rs. 50 / share on 01st September, 2013. Fair market
value (FMV) at the time of exercise of shares was Rs. 70 / share. After holding the
shares for a period of 202 days, he disposed them off at:
a) Rs 90 / share
b) Rs 40 / share
Required
In each of the above scenarios, compute Mr. Akrams taxable income and tax liability
for tax year 2014
15
Mr. Aslam
Mr. Aslam was employed 01st August 2013 at ABC Limited in the Basic Pay Scale of
50,000 - 5,000 - 75,000. His monthly emoluments during the year ended 30th June
2014 were as follows:
(Rupees)
Basic Salary
60,000
Travelling allowance
12,000
Medical allowance
8,000
Mr. Aslam was offered to either avail a house rent allowance of Rs.15,000 or rent free
accommodation. He opted for the accommodation. Mr. Aslam has been provided free
utilities with a maximum limit of Rs. 10,000 per month. However, he generally
consumed utilities worth Rs. 15,000 a month.
Mr. Aslam has also been provided with a motor vehicle for official as well as private
use. The vehicle was acquired by ABC Ltd on lease. The fair market value of vehicle
was Rs. 1,500,000 at the inception of lease. However, under the lease agreement,
ABC Ltd. was required to pay a total sum of Rs.2,000,000 over the lease term.
During the month of December 2013, the employer waived a Rs. 100,000 loan due
from Mr. Aslam. Further, the employer also re-imbursed children education expenses
amounting to Rs. 46,000. Tax deducted by employer at Rs. 7,000 per month out of Mr.
Aslams salary.
Principles of taxation
Mr. Aslam left the job as well as Pakistan on 30th April 2014 and joined a new job at
UAE on a monthly salary of AED 12,000 effective from 01st June, 2014. Conversion
rate AED 1 = PKRs. 27/Required
Compute Mr. Aslams taxable income and tax liability for tax year 2014.
MR. ASAD
Mr Asad owns a building which is given on rent. The following information is available:
Rupees
Annual rent received from tenants
Depreciation on building under the tax laws
Property tax
Municipal/local government taxes
(Agreement with tenants provide that tenants should pay
the taxes,)
General and administration expenses
1,800,000
400,000
100,000
100,000
200,000
Rent received includes Rs. 600,000 for three years commencing from July 01 of the
current tax year. Mr Asad follow accrual basis of accounting and its income year is
July-June 2014.
Required:
Compute the income of Mr Asad under the heading income from property for the tax
year 2014.
17
AMIR-UD-DIN LTD
Mr Amir-ud-din has recently constructed an office complex for the purposes of letting
out. The office complex is also equipped with its own electric generators for which
tenants are separately charged on a monthly basis. As per terms and conditions, Mr
Amir-ud-din is also entitled to signing amount, which is non-refundable. For the tax
year 2014, the following information has been provided to you for the computation of
his income from property and tax liability thereon:
Rupees
Rent for the year already received
1,150,000
50,000
1,000,000
20,000
50,000
10,000
36,000
Insurance premium being one per cent of market value of the property
200,000
18
Mr. Akmal
Mr. Akmal purchased four same-sized similar flats at top floor of an apartment block in
Karachi in June 2013. He let out two flats at fair market rent of Rs.25,000/- (per month)
from the next month onwards. He also received security deposit at Rs. 200,000/- in
connection with each of these two flats. Mr. Akmal entered into an agreement to sale of
third flat, and received Rs.100,000/- as token money on 25/06/2013, the rest of the
proceeds amount was to be paid in 15 days time. However, the buyer failed to make
the payment by the due date and the amount of token money was forfeited by Mr.
Akmal. The said flat was then rented to his cousin at monthly rent of Rs.15,000/- on
01/08/2013 with a security deposit of Rs. 50,000/-. Fourth flat was used by Mr. Akmal
for his own residential purposes. Mr. Akmal paid property tax at Rs. 20,000/- in
connection with each of his four flats.
Required:
You are required to compute Mr. Akmals taxable income and tax liability for Tax Year
2014.
20
IDEAL ASSOCIATES
You are the tax consultant of Ideal Associates who are engaged in the business of
manufacture and sale of electronic goods for the last twenty years. The firm has
requested for your opinion in respect of the following expenditures incurred for tax year
2014:
(i)
(ii)
Principles of taxation
21
CARROT LTD
Carrot Ltd (CL) is engaged in the manufacture, import and sale of electronic appliances
for the past twenty years. While reviewing the companys tax provisions, you noticed
the following amounts appearing in the tax calculation for the year ended June 30,
20X4.
(i)
MR. SHAHBAZ
Mr. Shahbaz, a resident individual, earned Rs. 700,000 from the sale of assets as
shown below:
Purchase
Date
Price Rs
Sale
Date
Price Rs
Gain/(loss)
Rs
Shares of a listed
company
10/12/12
350,000 31/06/14
200,000
(150,000)
Shares of an
unlisted company
15/07/12
500,000 30/11/13
900,000
400,000
Jewellery
15/05/13
750,000 20/12/13
1,400,000
650,000
Sculpture
01/07/10
400,000 31/01/14
300,000
(100,000)
Shares of a private
limited company
01/01/14
1,300,000 15/02/14
1,200,000
(100,000)
Required:
Discuss the treatment and the implications of each of the above transactions under the
Income Tax Ordinance, 2001. Give brief reasons to support your conclusion.
10
MULTIPLE INDIVIDUALS
(i)
(ii)
Mr. Bari, a Pakistani national, was working as a clearing agent in Taiwan for the
past six years. He came back to Pakistan in July 2012 and joined the clearing
house of his brother Ikram. In March 2014 he received, in Taiwan, Rs. 1.0 million
as his share of commission from the discontinued business.
Required:
In the light of the provisions of Income Tax Ordinance, 2001, briefly explain the
taxability of income in each of the given situations.
25
BEENA SIKANDAR
Beena Sikandar is a lawyer and owns a law firm under the name Beena & Co. She is
also Director Legal Affairs at Ayesha Foods Limited. Details of her income for the tax
year 2014 are as follows:
(A)
Rupees
(i)
8,500,000
Salaries
(ii)
(2,000,000)
(iii)
(400,000)
Lease charges
(iv)
(900,000)
Professional fee
(v)
(400,000)
Property expenses
(vi)
(350,000)
Revenue
Less: Expenses
Travel expenses
(150,000)
Other expenses
(vii)
(600,000)
(200,000)
5,000,000
Net profit
3,500,000
(ii)
Salary expenses include amounts of Rs. 50,000 and Rs. 75,000 per month
paid to Beena and her brother respectively. Her brother looks after
administration and financial matters of the firm.
11
Principles of taxation
(iii)
Gifts and donations include gifts to clients, gift to her son and donation to
Edhi Foundation amounting to Rs. 100,000, Rs. 50,000 and Rs. 250,000
paid through crossed cheques respectively.
(iv)
A vehicle was obtained solely for official purposes on operating lease, from
a bank. The lease commenced on 1 March 2014. Lease charges include
Rs. 500,000 paid as security deposit to the bank.
(v)
The professional fee includes an amount of Rs. 150,000 paid to a legal firm
for defending a law suit filed against Beena, in a family court.
(vi)
Beena lives in an apartment situated above her office, and two-fifths of the
total property expenses relates to this apartment.
(vii) Other expenses include an amount of Rs. 150,000 paid for Beenas golf
club membership which she exclusively used to promote her business
interests. The payment to the club was made in cash.
(B)
(ii)
During the year, she also received two bonus payments of Rs. 100,000
each. One of the bonus pertains to tax year 2013. It was announced last
year but disbursed to her in the current year.
(iii)
Beena has also been provided a vehicle, by AFL, for her personal as well
as business use. The car was acquired by AFL in May 2008 at a cost of Rs.
2,000,000. The fair market value of the car as at 30 June 2012 was Rs.
1,500,000.
(iv)
She received a fee of Rs. 150,000 from AFL for attending the meetings of
the Board of Directors (BOD).
(v)
Rupees
390,000
9,000
Required:
Compute the taxable income, tax liability and tax payable by Beena Sikandar for the
tax year 2014. Ignore Minimum Tax provisions. Provide appropriate comments on the
items appearing in the notes which are not considered by you in your computations.
MR. ASHRAF
Mr. Ashraf made the following donations during the income year 2013-2014:
(a)
(b)
(c)
Required:
Keeping in view the requirement of Section 61 of the Income Tax Ordinance, 2001,
explain Mr. Ashraf regarding the tax credits for donation which may be claimed by him,
if his income for the relevant tax year has been assessed at Rs. 8,000,000.
Emile Woolf International
12
27
Rupees
Salary income
Basic salary
Rent free furnished accommodation
Utility allowance
Medical allowance
Property Income
Rupees
100,000
per month
30,000
7% of rent
10,000
Property Tax
Rent-sharing with housing finance company
15,000
3,000
per month
He received a deposit of Rs. 2,000,000, not adjustable against rent, out of which
he refunded Rs. 1,000,000 to previous tenant, 'who vacated the house after 3
years' tenancy
(iii)
Other Income
Rupees
9,000
19,000
19,000
Required:
As a tax consultant you are required to compute Mr. Musaddique's total income and his
income tax liability for the tax year 2014.
13
Principles of taxation
28
DR. AA QURESHI
Dr. AA Oureshi, a medical-practitioner, furnishes his following receipt and Payment
Account for the period; 1st July 2013 to 30th June 2014:
Payments
Rent of clinic
Household expenses
Purchase of motor car
Purchase of surgical
Equipment
Salary to assistant
Advance income tax
Car running expenses
Property tax
Depreciation of motorcar
Stationery
Utilities
Amount
Rupees
24,000
996,000
300,000
40,000
36,000
60,000
30,000
12,000
80,000
5,000
25,000
Receipts
Consultation fees
Visiting fees
Remuneration from articles
published in magazines
Rental income
Gifts from patients
Amount
Rupees
450,000
100,000
12,000
720.000
30,000
Required:
Compute the income for the relative tax year and tax thereon after taking into account
the following facts:
29
(i)
(ii)
20,000
8,333
Utility allowance
2,000
Medical allowance
2,000
32,333
He was paid maintenance cost of his private car valuing Rs 350, 000 used wholly for
the company business on actual basis aggregating to Rs. 20,000. He received a
bonus equivalent to three basic salaries and a special merit reward equal to two basic
salaries during the year.
The company disbursed funeral expenses of his parents in the amount of Rs. 20,000
and also medical costs on birth of his twin sons in the sum of Rs. 100,000/-, latter
being as per employment terms.
14
The company has also provided him with free furnished accommodation costing Rs.
206,000 per annum. The company also paid his tax liability of Rs 20,000
He was awarded with the President's Award, in August 2013 and March 2014 worth
Rs. 500,000.
He earned capital gains on sale of listed shares held since 2010 (Rs. 20,000) and on
sale of land (Rs. 100,000) acquired in 2011.
Tax deducted from salary Rs. 40,000
He paid the following amounts evidenced by receipts bearing payees N.T.Ns,
wherever, applicable:
1.
School fees @ Rs.3,000 per month, for each of his two daughters.
2.
3.
4.
5.
Purchase of second hand car for Rs. 1,000,000 for family use.
Required:
As a tax consultant, you are required to calculate total income and tax liability of Mr.
Qais Mansoor for tax year 2014.
30
MR. A. D. CHUGHTAI
Being a Tax Consultant you have been provided with the following information in
respect of Mr. A. D. Chughtai, a senior manager of a local company for the period 1st
July. 2013 to 30th June, 2014 (Tax Year, 2014):
Rupees
Basic pay/wages
210,000
House rent
115,500
Medical allowance
4,800
7,860
Utilities
31,500
Orderly/servant allowance
30,000
Bonus/ex-gratia
70,000
17,500
21,786
27,300
60,000
15
Principles of taxation
In addition to the above you have been provided with the following data:
(I)
Dividend income
17,500
20,000
10,000
25,000
12.500
Required:
Work out the taxable income and tax liability of Mr. A. D. Chughtai for the tax year
2014.
31
MR. HYDER
Mr. Hyder is the legal representative of his deceased uncle since January 5, 2014 and
manages his estate worth Rs. 10 million approximately. On August 10, 2014, he
received two notices from the income tax department requiring him to:
Submit details of his uncles income for the tax year 2010.
Make payment of Rs. 12 million against his uncles income for the tax year 2007
and 2008.
Required:
(a) Advise Mr. Hyder about the extent of his tax liability in respect of the income
earned by his uncle before January 5, 2014. Also advise him about his
obligations relating to the tax assessment proceedings pending/arising against
his uncle.
(b)
32
List the situations referred to in Income Tax Ordinance, 2001 where expenditure
is required to be apportioned for the purpose of claiming a deduction.
DONATION
Mr. Qamar intends to donate an amount of Rs. 10 million to certain educational and
welfare institutions. In your capacity as his tax consultant, explain the tax relief which
may be available in respect of such donation and the conditions he must fulfil to avail
such relief.
33
16
Following are the details of his income / receipts during the tax year 2014:
(a)
(b)
200,000
Medical allowance
30,000
Utilities allowance
10,000
(c)
(d)
An apartment owned by Mr. Zameer was rented on July 1, 2013 to Mr. Abdul
Ghaffar at a monthly rent of Rs. 22,000. He received a non-adjustable security
deposit of Rs. 150,000 which was partly used to repay the non-adjustable
security deposit amounting to Rs. 90,000 received from the previous tenant in
July 2011. He also incurred Rs. 20,000 on account of repairs to the apartment.
(e)
(f)
17
Principles of taxation
Required:
Compute the taxable income, tax liability and tax payable by Mr. Zameer Ansari for the
tax year 2014.
34
MS. SAIMA
Ms. Saima is a telecommunication engineer working with a leading GSM operator as
their chief technical officer for the last many years. She has provided you with the
following information relating to her assessment for the year ended June 30, 2014.
(i)
Monthly salary of Rs. 500,000 was paid to her by the company consisting of the
following:
Rupees
Basic salary
400,000
Medical allowance
40,000
Conveyance allowance
60,000
The salary was credited to her bank account on the 25th of every month. She
incurred actual medical expenses of Rs. 100,000 during the year. These
expenses were reimbursed to her by the company in accordance with the terms
of her employment.
(ii)
She received a bonus of Rs. 1.0 million. Employer also agreed to pay tax on
such bonus to the extent of Rs. 200,000.
(iii)
Apart from her employment with a GSM operator, she also served as a visiting
faculty member at a local engineering university and received a total of Rs.
470,000. Ms. Saima incurred an expenditure of Rs. 70,000 towards this service.
Withholding tax was deducted from the payments made by the university.
(iv)
(v)
She inherited a plot of land from her father on his death in July 2000. On October
1, 2013 she entered into a contract of sale with Mr. Moin for a consideration of
Rs. 50.0 million. Mr. Moin paid a deposit of Rs. 1.0 million and agreed to pay the
balance within one month of the date of contract. On due date, Mr. Moin
defaulted in making the payment upon which Ms. Saima forfeited the deposit in
accordance with the terms of the contract. Later on, the plot was sold to Mr.
Parkash at a price of Rs. 50.0 million.
(vi)
Ms. Saima purchased another plot of land for a consideration of Rs. 56 million.
She borrowed Rs. 5.0 million from her sister for the purchase of this plot. The
amount was received in cash.
(vii) Ms. Saima also inherited a painting from her father. The painting was valued at
Rs. 500,000. On April 1, 2014 she gifted the painting to her brother who came
from Canada after five years. He went back to Canada after staying in Pakistan
for a period of two months. The value of the painting was Rs. 1.0 million when it
was gifted.
18
Required:
Compute the taxable income of Ms. Saima for the tax year 2014. Give brief reasons
under the Income Tax Ordinance, 2001 in support of your treatment of each of the
above items.
35
MR. BILAL
Mr. Bilal, a sole proprietor, had been filing his income tax returns and wealth
statements for many years. He was not satisfied with his tax advisor and has appointed
you as his consultant. He has asked you to review his returns for the past five years
also.
On review of the wealth reconciliation for tax year 2014, it was noticed that Mr. Bilal
borrowed Rs. 1 million from his friend who is a foreign national. The amount was
received in cash while his friend was on a visit to Pakistan and is still outstanding.
Required:
Advise Bilal about the tax implications, in each of the above situations.
36
MR. FAISAL
Mr. Faisal is a resident taxpayer and has been providing consultancy services to local
and foreign clients since 2008. A friend has informed him that under the Income Tax
Ordinance, 2001 he can claim a tax credit against any foreign income tax paid by him
on his foreign source income.
Required:
Explain the provisions of the Income Tax Ordinance, 2001 pertaining to foreign tax
credit available to a resident taxpayer.
AB ASSOCIATES (AOP)
AB Associates is an AOP (a registered firm) having 2 partners A and B sharing profit
and loss in the ratio of 60:40, respectively. Profit and loss account for the year is as
under:
Sales (without tax deduction)
Less: Cost of sales
Purchases
Salary to production manager
Depreciation
Other manufacturing expenses
2,000,000
850,000
120,000
180,000
150,000
Gross profit
Less: Salary to partner A
Commission to partner B
Rent of business premises to partner A
Depreciation on owned assets
Depreciation on assets subject to finance lease
Financial charges on leased assets
Advertisement
19
(1,300,000)
700,000
80,000
10,000
240,000
20,000
15,000
2,500
8,500
Principles of taxation
10,000
15,000
30,000
(431,000)
Net profit
269,000
Additional information
(a)
60,000
Bonus
10,000
27,000
Overtime
5,000
Utility allowance
18,000
120,000
(b)
(c)
WDV of
Disposal
Sale
Proceed
250,000
80,000
90,000
Vehicles
400,000
80,000
Purchases
40,000
1,300,000 (one car)
10,000
7,500
7,000
13,000
40,000
5,000
5,000
(33,000)
30,000
Bad debts recovered were disallowed by the tax department in the previous year
when it was claimed as bad debt expense.
(e)
Analysis of the liabilities reveals that the following amounts are outstanding for
more than 3 years:
Liability against purchases
80,000
Bank Loan
200,000
40,000
60,000
20
(f)
Mr. A claimed property related expenses of Rs. 56,000 including actual repairs
expense of Rs. 16,000.
Required:
Calculate taxable income of AOP, share of profit of each partner and tax payable by
Mr. A.
38
AB & CO.
A B & Co. is a registered firm; having 2 partners viz; A and B, sharing profit and loss
equally. The net profit of the firm for the year was Rs .600,000 after accounting for the
following disbursements to partners:
(a)
(b)
(c)
Hotel bills
Rs.
Rs.
10,000
10,000
5,000
5,000
20,000
25,000
Commission of Rs. 50,000 paid to a non-resident on which tax was not deducted
at source
(ii)
A vehicle was sold for Rs.120,000. WDV as per books was Rs. 80,000 but as per
tax records, it was Rs. 60,000
(iii)
Manager of the firm has been paid basic salary of Rs.2,000 p.m, conveyance
allowance of Rs.500 and house rent allowance of Rs. 1,000 p.m.
(iv)
Partners have declared the following income from their own sources:
Rs.
Rs.
240,000
360,000
40,000
20,000
200,000
150,000
Required:
(i)
(ii)
(iii)
21
Principles of taxation
39
HAMEEDA
(a)
In May 2014, Hameeda sold certain personal assets at the following prices:
Rupees
Plot in DHA Karachi
10,000,000
Paintings
2,000,000
Jewellery
5,000,000
Additional information:
(i)
Plot in DHA Karachi was inherited by her from her father in May 2006. It
was purchased by her father for Rs. 4,000,000 and market value at the
time of inheritance was Rs. 5,000,000.
(ii) Paintings were inherited from her mother in July 2011. These paintings
were purchased by her mother for Rs. 1,000,000 and market value at the
time of inheritance was Rs. 2,350,000.
(iii) Jewellery costing Rs. 3,000,000 was purchased and gifted to her by her
husband in March 2009.
Required:
Discuss the taxability of Hameeda in respect of the above gains/ losses on sale
of assets in the context of Income Tax Ordinance, 2001.
(b)
Salaries amounting to Rs. 0.5 million and Rs. 0.3 million were paid to
Kashmala and Shumaila respectively.
(ii)
Required:
Calculate the taxable income, net tax payable and unabsorbed losses (including
unabsorbed depreciation), if any, to be carried forward by the AOP for the year
ended 30 June 2014. Ignore any working of minimum tax.
40
T & H ENTERPRISES
T & H Enterprises is a registered firm comprising of two equal partners named Tariq
and Hamid. During the year the partners, besides their shares in the firm, enjoyed
income and sustained losses from the sources given below:
22
Tariq
Rupees
(a)
72,000
(b)
5,000
(c)
Zakat paid
26,500
Hamid
(a)
Speculation loss
25,000
(b)
13,000
(c)
(d)
Zakat paid
5,000
14,000
The profit and loss account of the registered firm for the year shows the following
position:
Rs.
Salaries
Office maintenance
Repairs
38,000
14,000
Rs.
480,000
250,000
5,000
Legal expenses
15,000
Commission to Tariq
16,000
5,000
34,000
Net profit:
Tariq
149,000
Hamid
149,000
298,000
730,000
730,000
Notes
(i)
(ii)
(iii)
(iv)
Tariq & Hamid are paid Rs. 45,000 and Rs. 55,000 respectively as salary. This is
included in total salary expense.
Repairs include Rs. 18,000 being cost of a typewriter.
Legal expenses include Rs. 6,000 on which no tax deducted.
Tax depreciation excluding typewriter Rs. 14,000.
Required:
(a) The taxable income of the firm and taxes payable by it.
(b)
23
Principles of taxation
41
The AOP suffered loss before tax amounting to Rs. 1,500,000. The loss has
been arrived at after adjusting rental income earned by the AOP, the details of
which are as follows:
Rupees
Rental income
2,000,000
Related expenses:
Property tax
Depreciation
40,000
457,500
497,500
1,502,500
The expenses debited to profit and loss account include the following amounts
paid to the members of the AOP:
Sohail
Khaled
Qazi
Salary (Rs.)
900,000
600,000
300,000
300,000
500,000
(iii)
Sohail earned Rs. 800,000 from another business, of which he is the sole
proprietor.
(iv)
Khaled received an amount of Rs. 255,000 as share of income after tax, from
another AOP where he is entitled to 40% of the total profit. The tax on annual
income of that AOP amounted to Rs. 112,500. He also earned income of Rs.
900,000 from a sole proprietorship concern owned by him.
(v)
Required:
Assuming that the above data pertains to the tax year 2014, compute the taxable
income of the AOP and each of its members. Ignore any minimum tax computation.
MARGARET
(a)
State the provisions of the Income Tax Ordinance, 2001 with regards to the
residential status of individuals and companies.
24
(b)
Workshop Session in Dubai: A fee of US$ 20,000 was remitted to her bank
account in Karachi.
Required:
(i)
Discuss the taxability of the amounts received by Margaret for conducting
the workshop sessions during tax year 2014.
(ii)
CHAPTER 14 RETURNS
43
MR. SAMI
Mr. Sami has recently received a notice from the Commissioner of income tax to file
return of income for the tax years 2008 and 2009 within 20 days of receiving the notice.
In your capacity as a tax consultant, advise Mr. Sami on the following issues along with
appropriate explanations.
Required:
(i)
Is the Commissioner justified in issuing the above notice?
(ii)
If Mr. Sami is not in a position to meet the deadline for filing the returns, can he
get an extension?
CHANDI ENTERPRISES
After completion of the audit of Chandi Enterprise (CE), an AOP under the Income Tax
Ordinance, 2001, the Commissioner has ordered the following amendments in the
income tax return filed by CE.
i.
Payment of minimum tax at the rate of 1% on its total turnover of Rs. 45 million.
ii.
Rs. 27,000 spent on annual Eid-Milan party arranged by the firm for its
employees and their families.
Penalty for late delivery amounting to Rs. 60,000 which had to be paid to a
client on account of negligence on the part of the shipment manager.
25
Principles of taxation
Salary of Rs. 850,000 paid to the Managing Director, who is also a partner
in the firm.
Required:
Comment on the above amendments ordered by the Commissioner, in the light
of Income Tax Ordinance, 2001.
45
The parent company reimbursed 60% of the expenses, incurred by PPL in 2014,
on marketing a new product imported from Germany. The commissioner wants to
add the recouped expenditure to the taxable income of the company.
(ii)
Expenses incurred under the account head travel fare aggregating to Rs.
500,000 were paid in cash and should be added back.
(iii)
Required:
With reference to the provisions of Income Tax Ordinance, 2001 advise the
management about the tax implications in each of the above situations.
CHAPTER 16 APPEAL
46
ZUBAIDA
(a)
In the light of Income Tax Ordinance, 2001, state how a matter would be decided
in case of difference in opinion on any point amongst the members of a Bench
constituted by the Chairperson of an Appellate Tribunal.
(b)
Zubaida has been operating a business as a Wedding Event Planner for past 12
years. She had filed her complete return for the tax year 2007 on 20 August
2007. On 1 September 2014, Commissioner Inland Revenue (CIR) served a
Show Cause Notice, requiring her to explain certain receipts which were credited
to her account during the tax year 2007.
Zubaida is uncertain as to whether CIR is empowered to issue such a notice after
a lapse of so many years.
Required:
Advise Zubaida about the validity of the Show Cause Notice issued by CIR under
the Income Tax Ordinance, 2001.
26
RAVI LIMITED
Ravi Ltd is engaged in the manufacture and sale of pharmaceutical products. It has
recently set up a cogeneration plant for the generation of electrical energy from oil and
fuel to be used in the factory. Further the Company has also purchased a boiler for use
in the cogeneration plant. You are the tax advisor of the Company.
Required:
Write a letter to the Finance Director explaining the sales tax implication of the above
transaction.
48
REGISTRATION
(a)
Mr A has recently started his business as a General Order Supplier. His primary
task is to provide the products to the ultimate customer at his door step. He
supplied the Shoes worth Rs 35,000 to M/s Shoukat Khanum Memorial Hospital
and Research Centre during the year 2014 for their security staff. The hospital
has deducted income tax amounting to Rs 1,225 under section 153 of the
Income Tax Ordinance, 2001.
(b)
Mr B opened a shoe shop and his sales during the year were Rs 5,500,000. He
made his purchases from M/s AGK Distributors.
(c)
Mr C is working for the Service Industries Ltd. He is engaged in the project shoe
sales. During the year, he forwarded orders worth Rs 25,000,000 to the
company. The company directly made the deliveries according to the orders and
paid his commission (@ 5%) amounting to Rs 1,250,000.
(d)
(e)
Mr E is running a hotel. In the first year, his sole income was from the hiring of
room and his gross receipts aggregates to Rs 6,000,000 during the year.
Required:
State whether the above persons are required to be registered under the sales tax
laws. If yes, then in which category (manufacturer, retailer, etc.) and in which scheme
of taxation (registration, services etc.)
49
(ii)
(iii)
27
Principles of taxation
50
MR. FURQAN
Mr. Furqan intended to commence a manufacturing business and obtained the sales
tax registration in November 2013. Due to unavoidable circumstances, he could not
start his business as stipulated. No sales tax returns were filed since he did not carry
on any taxable activity. In April 2014, he received a notice from the department of
Inland Revenue directing him to furnish the return by May 15, 2014.
Required:
Advise Mr. Furqan as regards the following:
51
(i)
Whether he is required to file the sales tax return and the consequences, if any,
for non-filing of such return under the Sales Tax Act, 1990.
(ii)
MANUFACTURER
Identify the persons who are considered as manufacturers under the Sales Tax Act,
1990.
M/S ABC
M/s ABC is engaged in diversified businesses. During the tax period March 2014, the
gross commercial billing from sale/rendering of services was as under:
Nature of Business
Gross billing
1,200,000
Ice Cream
1,000,000
Discount to
dealers/agents
20%
1.
The aforesaid billing is on gross basis, however, the firm offers discount to its
dealers/agents in accordance with market norms. It is the policy of the company
to raise invoice net of discount to the dealers.
2.
The company paid the following input tax in respect of each business:
Nature of Business
Input Tax
142,292
75,000
28
4.
The input tax relating to garments business includes input tax amounting to Rs
12,292 levied on the hotel bills of a meeting held with the foreign customers.
Required:
The management of the company hired your services to know what would be the sales
tax liability for these activities.
53
Local purchases
(a) From registered persons
4,500,000
1,200,000
(ii)
2,300,000
(iii)
(iv)
3,200,000
(v)
3,600,000
(vi)
Exports
3,000,000
500,000
Note:
(1) All the above figures are exclusive of sales tax paid or recovered.
(2) The owner also took goods worth Rs 200,000 for his private use.
(3) Purchases include an invoice of Rs 100,000 dated 27 February, 2014 which was
not included in the sales tax return for February, 2014 due to its late receipt.
(4) Un-adjusted input tax carried forward from last month amounted to Rs 45,000
Required:
Calculate Sales Tax liability by M/S Safi Electronics for the month of March, 2014?
54
Use of taxable goods for internal testing, training and evaluation purposes. The
goods included own manufactured as well as locally procured goods.
(ii)
Free replacement of faulty parts of goods which had been sold under warranty.
(iii)
Required:
Comment on the chargeability of sales tax in the above situations.
29
Principles of taxation
55
MR. KALEEM
Mr. Kaleem is registered under the Sales Tax Act, 1990 as a manufacturer as well as a
commercial importer. He has provided you the following information for the month of
February 2014:
Rs. in million
Export sales manufactured goods
30
20
120
Registered persons
50
Unregistered persons
All the above amounts are exclusive of sales tax.
Required:
Compute the sales tax liability of Mr. Kaleem along with input tax to be carried forward
(if any) in his sales tax return for the month of February 2014.
56
20,000,000
25,000,000
(2,500,000)
----
22,500,000
Exports of goods to Saudi Arabia
18,000,000
42,000,000
16,000,000
The figures for the sales of goods (including exports) are all stated exclusive of
sales tax.
(2) The rate of discount is in conformity with the normal business practice in the
industry but was not shown on the tax invoices.
(3)
Goods with the value of Rs. 100,000 were given free of cost to the Chief
Executive of the company in accordance with his terms of employment.
30
(4)
All payments were made inclusive of sales tax and paid through crossed
cheques.
(5)
(6)
Input tax of Rs. 100,000 pertaining to the raw materials purchased for the
manufacture of taxable goods on November 1, 2013 could not be claimed due to
an oversight.
Required:
(a)
(b)
Calculate the sales tax payable or refundable to Zubair Enterprises Ltd, for the
month of June 2014, giving explanations for treatment of:
the input tax on the machinery purchased for the manufacture of goods
meant for export only; and
the input tax not claimed in the return for November 2013.
Zubair Enterprises Ltd (ZEL) has made purchases of taxable goods from a
registered person but suspects that the registered person has not paid the tax in
respect of these supplies.
Required:
State whether the amount of tax unpaid by the supplier can be recovered from ZEL,
together with any actions that the company might take to mitigate any potential liability.
57
7,375,950
8,040,150
1,615,785
6,987,354
2,125,215
2,350,000
31
Principles of taxation
1,050,650
980,500
Additional information:
(1)
All figures relating to sales of taxable goods are stated exclusive of sales tax.
(2)
(3)
All payments for the purchase of goods and materials have been made by
crossed cheque or pay order or credit card except where otherwise indicated.
(4)
In the case of the purchase returns and sales returns, the debit/credit notes have
been issued in conformity with the provisions of Sales Tax Act, 1990.
Required:
Calculate the sales tax payable by or refundable to Sunglow Pakistan Limited for the
month of February, 2014.
58
LEPROC ASSOCIATES
Leproc Associates, a registered person under the Sales Tax Act, 1990 is engaged in
the production of taxable and exempt consumer goods. The business transactions of
Leproc Associates for the month of February, 2014 included the following:
Rupees
Rupees
6,296,000
5,790,000
7,638,500
(763,850)
6,874,650
2,364,000
10,127,800
3,945,000
The Chief Accountant informs you that input tax amounting to Rs. 185,700 had
inadvertently not been deducted in the return for the month of January, 2014.
Notes:
(1) All payments are stated inclusive of sales tax.
(2)
The figures for sales of taxable goods and export are stated exclusive of sales
tax.
32
(3)
The trade discount on the sale of taxable goods to unregistered persons is stated
on the face of the invoice and the rate of the discount is in accordance with
normal business practice.
Required:
Calculate the sales tax payable by or refundable to Leproc Associates for the month of
February, 2014.
59
7,448,850
5,395,500
6,535,000
5,790,000
Notes:
(1) All payments are stated inclusive of sales tax.
(2)
The figures for the sale of taxable goods and export are stated exclusive of sales
tax. Sales tax rate is 17%.
Required:
Calculate the sales tax payable by or refundable to Barq Ro (Pakistan) Ltd for the
month of January 2014.
60
MR YOUSHA (Q)
Mr Yousha, a registered person under the Sales Tax Act, 1990, is carrying on business
in the name of Yousha Associates. Yousha is informed by his chief accountant that a
credit note has to be issued to a debtor in respect of an invoice issued on 30 June
2013. The chief accountant intends to issue the credit note in the month of January
2014.
Required:
State, giving reasons, whether or not you are in agreement with the chief accountants
proposal to issue the credit note in the month of January 2014.
61
33
Principles of taxation
Required
(a) Comment on the chargeability of sales tax in the above situation.
(b)
62
Under the provisions of Sales Tax Rules, 2006 narrate the procedure to be
followed by Tameer Limited, in the above situation, if it decides to return 20 tons
of Iron Bars to Folad Limited due to sub-standard quality. Assume that both FL
and TL are registered taxpayers.
70,700
15,250
Manufactured goods:
40,000
24,000
exempt goods
11,000
export to Malaysia
13,000
(iv)
A penalty of Rs. 50,000 and additional tax of Rs. 25,000 was levied on KEL
under the Income Tax Ordinance, 2001 which was unpaid as of January 30,
2014.
Sales tax is payable at the rate of 17%. All the above figures are exclusive of sales tax,
wherever applicable.
Required:
(a) Sales tax payable / refundable.
(b)
63
34
Rs. in 000
Supplies
Manufactured goods
Local taxable goods
22,000
3,000
Exports
5,000
Purchases
Local purchases of raw material
8,000
17,000
In January 2014, an amount of Rs. 365,000 was carried forward as sales tax
credit.
Sales tax is payable @ 17%
Required:
Compute the following for the month of February 2014:
64
(a)
(b)
15,000
6,000
Supplies:
Manufactured products:
- local sales
20,000
- Exempt goods
4,000
- Export to Bangladesh
4,000
35
Principles of taxation
(I)
In order to meet the high consumer demand, OL purchased new machinery for
Rs. 1,200,000. The machinery was put to use during the same month. A motor
vehicle of Rs. 1,500,000 was also acquired for the sales department.
(ii)
Sales tax credit of Rs. 325,000 was brought forward from previous month. Sales
tax is payable at the rate of 17%. All the above amounts are exclusive of sales
tax, wherever applicable.
Required:
Compute the sales tax payable or refundable for the month of January 2014.
65
MR. INSAF
Mr. Insaf, the executive director of Super Tech (Pvt.) Ltd, a company engaged in the
manufacture and sale of electronic goods, has reviewed the sales tax return for the
month of May 2014, in place of its director finance, who is currently on leave. During
the review he noticed that certain input tax has not been claimed by the company. He
is of the opinion that all input tax paid by the company should be available for
adjustment. You are required to clarify the following matters in the light of Sales Tax
Act, 1990.
Required:
66
(i)
The conditions that need to be satisfied for the adjustment of input tax against
the output tax liability and the remedy available to the company if it fails to adjust
the input tax in the period in which it is paid.
(ii)
Identify the circumstances in which input tax is not allowed to be adjusted against
the output tax liability.
MR. RIZWAN
(a)
State the situations when a registered person shall not be entitled to claim or
deduct input tax under the Sales Tax Act, 1990.
(b)
Mr. Rizwan, a sales tax registered person, is carrying on business in the name of
Rizwan Enterprises. On August 15, 2013, he sold certain goods to his customer
against which he intends to issue a credit note in the month of March 2014.
Required:
Explain whether Mr. Rizwan can issue the credit note in the month of March
2014, under the Sales Tax Rules, 2006.
(c)
67
Explain the provisions of Sales Tax Act, 1990 with regard to the following:
(i)
(ii)
Identify the goods that shall be charged at the rate of zero per cent under the
Sales Tax Act, 1990.
36
(b)
68
List the situations in which the type of goods identified in (a) above would not be
eligible for zero rating.
ZAINAB
Zainab is registered under the Sales Tax Act, 1990 and is engaged in the manufacture
and supply of Products A and B. Following information has been extracted from her
records for the month of February 2014:
Product A Product B
Rupees
Supplies
Local supplies
5,350,000
1,010,000
Exports to Thailand
2,550,000
3,950,000
Purchases
Local materials from registered persons
6,000,000
850,000
Additional information:
(i)
(ii)
Sales tax credit brought forward from previous month amounted to Rs. 262,500.
(iii)
Substandard supplies worth Rs. 150,000 were returned to the registered vendors
and proper debit and credit notes were issued.
(iv)
An invoice dated September 3, 2013 amounting to Rs. 100,000 had not been
claimed inadvertently. This oversight was detected in the month of February
2014.
(v)
Sales tax is payable at the rate of 17%. All the above amounts are exclusive of
sales tax.
Required:
In the light of Sales Tax Act, 1990 and rules made thereunder, calculate the following
for the month of February 2014:
69
(a)
(b)
Supply of material costing Rs. 3 million to AB Limited (ABL). It has been agreed
that ABL would settle the transaction by paying Rs. 1.5 million in cash and the
37
Principles of taxation
balance amount by way of allowing SC to use ABLs import quota. The market
price of the supply is Rs. 3.5 million.
(ii)
(iii)
Required:
(a) In each of the above situations, advise the management about the value of
supply on which sales tax would be levied under the provisions of Sales Tax Act,
1990
(b)
70
List down the particulars to be mentioned on the debit note issued by the supplier
in the event of change in the value of supply, under the Sales Tax Rules, 2006.
15,000,000
8,000,000
Supplies
Manufactured goods
Local taxable supplies to registered persons
Local taxable supplies to un-registered persons
Export to Taiwan
10,000,000
3,000,000
10,000,000
Exempt goods
2,000,000
Purchases from registered suppliers include an amount of Rs. 1.0 million which
was invoiced on May 15, 2013. The input tax on this invoice could not be claimed
in the relevant period.
(ii)
Material purchased from un-registered suppliers was exclusively used for making
taxable supplies.
(iii)
38
(iv)
A new machinery of Rs 2.4 million was purchased and put to use during the
same month.
(vi)
MELs purchases from registered suppliers include material worth Rs. 2 million
against which an advance was paid in the month of January 2014. However, due
to a dispute, sales tax invoice was delayed and was received by the company
after filing of return.
Parts worth Rs. 15,000 were delivered to the CEO for his personal use, free of
cost.
Sales tax credit of Rs. 50,000 was brought forward from previous month.
Sales tax is payable at the rate of 17%. All the above amounts are exclusive of
sales tax.
Required:
(a) Compute the sales tax payable/refundable.
(b)
Which sales tax records are required to be maintained by a registered sales tax
person?
(b)
39
Principles of taxation
40
SECTION
Salaries
41
Principles of taxation
Indirect Taxes
An indirect tax is a tax collected by an intermediary (such as a retail store) from the
person who bears the ultimate economic burden of the tax (such as the consumer).
The term indirect tax is contrasted with a direct tax which is collected directly by
government from the persons (legal or natural) on which it is imposed. Some
commentators have argued that "a direct tax is one that cannot be shifted by
the taxpayer to someone else, whereas an indirect tax can be.
Following are the indirect taxes under the Pakistani Taxation System.
Customs ACT, 1969
Goods imported and exported from Pakistan are liable to rates of Customs duties as
prescribed in Pakistan Customs Tariff. Customs duties in the form of import duties and
export duties constitute a major part of the total tax receipts. The rate structure of
customs duty is determined by a large number of socio-economic factors. However, the
general scheme envisages higher rates on luxury items as well as on less essential
goods. The import tariff has been given an industrial bias by keeping the duties on
industrial plants and machinery and raw material lower than those on consumer goods.
Federal Excise ACT, 2005
Federal Excise duties are leviable on a limited number of goods produced or
manufactured, and services provided or rendered in Pakistan. On most of the items
Federal Excise duty is charged on the basis of value or retail price. Some items are,
however, chargeable to duty on the basis of weight or quantity. Classification of goods
is done in accordance with the Harmonized Commodity Description and coding system
which is being used all over the world. All exports are liable to zero per cent Federal
Excise Duty.
Sales Tax ACT, 1990
Sales tax is levied at various stages of economic activity at the rate of 17 per cent on:
There is an in-built system of input tax adjustment and a registered person can
make adjustment of tax paid at earlier stages against the tax payable by him on
his supplies. Thus, the tax paid at any stage does not exceed 17% of the total
sales price of the supplies.
47.
48.
Taxes on corporations.
49.
42
Entry No
50.
Taxes on the capital value of the assets, not including taxes on immovable
property.
51.
Taxes on mineral oil, natural gas and minerals for use in generation of
nuclear energy.
52.
Keeping in view the above provisions, following laws are enacted by the Federal
Government:
Legislative powers of Federation
Taxes on income other than agricultural income;
Taxes on corporations.
Taxes on mineral oil, natural gas and minerals for
use in generation of nuclear energy.
Taxes on the sales and purchases of goods
imported, exported, produced, manufactured or
consumed, except sales tax on services
CHAPTER 3 ETHICS
3. Canons of Taxation
Canons of Taxation are the main basic principles (i.e. rules) set to build a 'Good Tax
System'. Canons of Taxation were first originally laid down by economist Adam Smith
in his famous book "The Wealth of Nations". Adam smith only gave four canons of
taxation. These original four canons are now known as the "Original or Main Canons of
Taxation". Adam Smith's Four Main Canons of Taxation
Adam Smith gave following four important canons of taxation.
1. Canon of Equity: The principle aims at providing economic and social justice to the
people. According to this principle, every person should pay to the government
depending upon his ability to pay. The rich class people should pay higher taxes to the
government, because without the protection of the government authorities (Police,
Defence, etc.) they could not have earned and enjoyed their income. Adam Smith
argued that the taxes should be proportional to income, i.e., citizens should pay the
taxes in proportion to the revenue which they respectively enjoy under the protection of
the state.
43
Principles of taxation
2. Canon of Certainty: According to Adam Smith, the tax which an individual has to
pay should be certain, not arbitrary. The tax payer should know in advance how much
tax he has to pay, at what time he has to pay the tax, and in what form the tax is to be
paid to the government. In other words, every tax should satisfy the canon of certainty.
At the same time a good tax system also ensures that the government is also certain
about the amount that will be collected by way of tax.
3. Canon of Convenience: The mode and timing of tax payment should be as far as
possible, convenient to the tax payers. For example, land revenue is collected at time
of harvest income tax is deducted at source. Convenient tax system will encourage
people to pay tax and will increase tax revenue.
4. Canon of Economy: This principle states that there should be economy in
administration. The cost of tax collection should be lower than the amount of
collected. It may not serve any purpose, if the taxes imposed are widespread but
difficult to administer. Therefore, it would make no sense to impose certain taxes, if
difficult to administer.
tax
tax
are
it is
44
(i)
A company in which not less than 50% of the shares are held by the Federal or
Provincial Government;
(ii)
A company in which not less than 50% of the shares are held by a Foreign
Government, or a foreign company owned by a foreign government;
(iii)
(iv)
A unit trust whose units are widely available to the public and any other trust as
defined in the Trusts Act, 1882.
5.
Definitions/concepts
and
any other industrial undertaking which the Board may by notification in the
official gazette, specify.
The fair market value of any property or rent, asset, service, benefit or perquisite
at a particular time shall be the price which the property or rent, asset, service,
benefit or perquisite would ordinarily fetch on sale or supply in the open market at
that time.
The fair market value of any property, rent, asset, service, benefit or perquisite
shall be determined without regard to any restriction on transfer or to the fact that
it is not otherwise convertible to cash.
45
Principles of taxation
Where price is not ordinarily ascertainable, such price may be determined by the
Commissioner.
Apportionment of Expenditure
This concept implies that an expenditure which relates to the following shall be
apportioned on any reasonable basis taking into account the relative nature and
size of the activities to which the amount relates:
the derivation of income chargeable to tax under any head of income and to
some other purpose.
6.
RESIDENTIAL STATUS
Resident Individual:
Residential status of the following persons for the tax year ended June 30, 2014 under
the given circumstances.
(i)
For the tax year ended June 30, 2014, the relevant period is July 01, 2013 to
June 30, 2014. Therefore, the stay of Mr. Mubeen for the purpose of tax year
2014 is:
Month
Days
July 2013
31
August 2013
31
September 2013
30
Total
92
Since his stay in Pakistan is less than 183 days in tax year 2014, he is a nonresident for tax purposes.
(ii)
Since Mr.Rana never travelled abroad in his life before proceeding to Canada
for assuming his job responsibilities, the number of days he spent in Pakistan for
the tax year 2014 is:
Month
Days
July 2013
31
August 2013
31
September 2013
30
October 2013
31
November 2013
30
December 2013
29
Total
182
46
The day he spent in Pakistan on June 30, 2014, while in transit, would not be
counted as day of his presence in Pakistan. Therefore, Mr.Rana is a nonresident person as his total stay in tax year 2014 is less than 183 days.
(iii)
(iv)
Days
July 2013
August 2013
31
September 2013
30
October 2013
31
November 2013
30
December 2013
31
Total
154
Mr. A
NTN: XXXXXX
TAX YEAR 2014
COMPUTATION OF TAXABLE INCOME AND TAX LIABILITY
Particulars
Gross
Basic Salary
1,117,245
1,117,245
22,062
22,062
Bonus
300,000
300,000
643,514
643,514
Utilities allowance
111,724
111,724
Rewards
47
Taxable
Principles of taxation
55,000
55,000
115,000
115,000
643,750
643,750
3,008,295
364,366
Tax Deduction
695,000
8.
(330,634)
Mr. Mushtaq
COMPUTATION OF TAXABLE INCOME
TAX YEAR 2014
Particulars
Gross
Basic salary
Taxable
Income
225,000
225,000
Bonus
50,000
50,000
Conveyance allowance
50,000
50,000
101,250
101,250
60,000
60,000
20,000
20,000
13,750
13,750
520,000
6,000
Assumptions / Basis:
(i)
Tax credit on Donation is not available as the said amount is paid in cash.
(ii)
48
CO. A
CO. B
Total
Basic Pay
714,158
572,572
1,286,730
Bonus
150,000
71,800
221,800
221,800
258,663
222,746
481,409
481,409
71,415
57,257
128,672
128,672
55,000
55,000
77,783
Utility Allowance
Co maintained car
Leave Encashment
77,783
NIL
77,783
Medical Reimbursements
35,000
25,000
60,000
EX Gratia Payments
2,048,300
Exempt
0
60,000
2,048,300
Taxable
1,286,730
0
2,048,300
4,299,694
682,446
Option 2
Tax on income excluding ex gratia 2,251,394
[140,000 + (451,394 x 17.5%)]
218,994
479,507
Total Tax
698,501
682,446
Deduction of tax by Co A
270,000
Deduction of tax by Co B
800,000
Total deductions
1,070,000
1,070,000
(387,554)
49
Principles of taxation
The amount chargeable to tax to the employee shall be the fair market value
of the shares prevailing:
at the time the employee has a free right to transfer the shares or
disposes of the shares
The said amount chargeable to tax will be reduced by any consideration given
by the employee for the shares including any amount given as consideration
for the grant of a right or option to acquire the shares.
The cost of the shares to the employee shall be the sum of:
The consideration, if any, given by the employee for the shares;
The consideration, if any, given by the employee for the grant of any right
(ii)
210,000
(120,000)
50
90,000
Mr.Ainuddin Khan
Tax year
2014
Status
Resident Individual
Rs.
Pay
Rs.
264,000
52,800
House rent
120,000
25,000
Residential electricity
20,000
5,000
Gas bills
6,000
Telephone bill
13,885
Club bills
4,000
9,000
Pension Exempt
Total income from salary chargeable at normal rates of tax
Dividend Income chargeable to tax as separate
block u/s 5 (70,000/0.90)
Note:
550,685
77,777
(1)
Pension is an exempt income; therefore, the same is not included in the total
income
(2)
(3)
Amount of Zakat for deduction cannot be worked out in the absence of value of
WAPDA Bonds.
It is assumed that internet personal usage expenses are reimbursed by the employer.
51
Rupees
275,000
150,000
2,940,000
252,000
-
Principles of taxation
62,500
57,600
280,000
75,000
500,000
4,592,100
(350,000)
535,000
185,000
Capital Gain
Sale of share of a listed company
(Rs. 1,000,000 Rs. 100,000)
900,000
18,000
5,695,100
(250,000)
5,445,100
900,000
4,545,100
52
Gross
Exempt
Taxable
700,000
70,000
70,000
70,000
210,000
210,000
25,000
25,000
Bonus
24,000
24,000
35,000
35,000
43,750
43,750
110,000
(110,000)
14,000
14,000
1,121,750
Tax Liability
Tax on first Rs. 750,000
17,500
37,175
54,675
(21,870)
32,805
(35,000)
(2,195)
53
Principles of taxation
4,000
(2,500)
1,500
30,000
15,000
2,500
(17,500)
12,500
14,000
Gross
Exempt
Taxable
500,000
500,000
9,000
9,000
10,000
10,000
509,000
(10,000)
499,000
Tax Liability
- On Separate block income (Rs. 10,000 @ 8%)
- On Balance taxable income
Tax on Rs. 400,000
4,950
800
5,750
54
35,000
25,000
Cost of option
1,000
(26,000)
9,000
45,000
25,000
Cost of option
1,000
9,000
(35,000)
10,000
(b) Rs 40 / share
Computation of Taxable Income and Tax Liability - Under Scenario (b)
For the Year Ended 30 June, 2014
Tax Year 2014
Particulars
Gross
Exempt
Taxable
Basic salary
500,000
500,000
9,000
9,000
509,000
Tax Liability
Tax on Rs. 400,000
Tax on Rs. 109,000 @ 5%
Tax Payable
5,450
5,450
55
Principles of taxation
35,000
25,000
1,000
(26,000)
9,000
20,000
25,000
1,000
9,000
(35,000)
(15,000)
Capital loss Can not be set off with any other income
Gross
Exempt
660,000
Taxable
660,000
132,000
132,000
88,000
(66,000)
22,000
Accommodation - Note 1
247,500
247,500
110,000
110,000
68,750
68,750
100,000
100,000
46,000
46,000
324,000
(324,00
0)
56
1,386,250
Tax Liability
Tax on first Rs. 750,000
Tax on balance Rs. 636,250 @ 10%
Less: Credit for tax deducted out of salary (Rs. 7,000 X 11)
Balance Tax Payable
17,500
63,625
81,125
(77,000)
4,125
165,000
247,500
247,500
324,000
1,500,000
300,000
Property tax
100,000
400,000
1,100,000
Note-1
Rental gross receipts are computed in the following manner:
Particulars
Amount
Rs
1,800,000
1,900,000
100,000
(400,000)
1,500,000
57
Principles of taxation
Note-2
Rent is not chargeable to tax on receipt basis. Rent relating to a tax year, whether
received or receivable is chargeable to tax in that tax year. Therefore, the sum of Rs
400,000 is deducted from the rent receipts as the same is an advance rent for the next
two years and will be charged to tax in the respective tax years.
Note-3
Other taxes are paid by the tenant; therefore, addition in rent is made.
Note-4
General and administration expenses are irrelevant. Further, depreciation is not
allowed in computing income chargeable to tax under the head Income from property.
Gross
1,000,000/10
Taxable
1,200,000
100,000
1,300,000
260,000
200,000
10,000
50,000
36,000
20,000
576,000
724,000
32,400
Note-1
Irrecoverable rent will be allowed as expense in the tax year subject to fulfilment of
following conditions:
The defaulting tenant has vacated the property or steps have been taken to
compel the tenant to vacate the property.
The defaulting tenant is not in occupation of any other property of the landlord.
All reasonable steps have been taken to institute legal proceedings for the
recovery of the unpaid rent or there exist reasonable grounds to believe that legal
proceedings would be useless and
Unpaid rent has been included in the income chargeable to tax under the head
income from property for the tax year in which the rent was due and tax has been
duly paid on such income.
58
Taxable Income
Flat 1
Flat 2
Flat 3
300,000
300,000
275,000
875,000
20,000
20,000
5,000
45,000
320,000
320,000
100,000
380,000
100,000
1,020,000
64,000
20,000
64,000
20,000
76,000
20,000
204,000
60,000
(84,000) (84,000)
(96,000)
(264,000)
236,000
284,000
756,000
236,000
Tax Liability
Tax on first Rs. 750,000
Tax on balance Rs. 6,000 @ 15%
Balance Tax Payable
Total
35,000
900
35,900
Amount
Fees paid to
consultants for
preparation of
registration deed
Rs.50,000
Preparation of
feasibility report
Rs.100,000
59
Principles of taxation
Payment nature
Amount
Purchase of office
equipment
Rs.150,000
Rs.1,000,000
Rs.200,000
Purchase of
machinery
Machinery freight
Installation cost
Rs.50,000
Expense on account of mere provision for bad debts cannot be allowed due to
following two conditions:
All the events, that determine liability, have not occurred and
However actual bad debts (not provision) shall be allowed as deductions if the
following conditions are satisfied:
The amount of debt was previously included in the persons income from
business chargeable to tax;
The debt or part of the debt is written off in the accounts of the person in the
tax year;
There are reasonable grounds for believing that the debt is irrecoverable.
(ii)
Since the liability pertaining to the year 2010 has been outstanding since last
three years, therefore, it shall be added back to the income for the tax year 2013
under section 34(5). However as the payment has been made in the tax year
2014 the same shall be allowed as admissible deduction under section 34(6)
(iii)
The firm can claim the initial allowance against the imported used plant as:
Any expenditure that provides an advantage or benefit for a period of more than
one year is included in the definition of intangibles and is required to be
amortized over the period of expected benefit or 10 years whichever is less.
th
As such CL would be allowed to charge only 1/10 of the expense i.e. Rs.
45,000 in tax year 20X4.
60
(ii)
Bad debts
Only those bad debts are allowed as admissible deductions which have
previously been included in the taxpayers business income chargeable to tax
and on fulfillment of some more conditions.
Since the staff loan was not previously offered to tax as business income, it
would not be admissible.
(iii)
Recouped expenditure:
Recoupment of an expenditure, in cash or in kind, can only be included in the
income chargeable to tax, in the tax year in which it is received, if previously, the
same has been allowed as a deduction in computing the taxable income.
Since the expenditure incurred by CL on marketing of a commercially imported
product was never allowed as an admissible expense as it related to an income
which was taxable under Final Tax Regime, it cannot be added to the taxable
income of the company at the time of its recoupment.
(iv)
Initial depreciation
Initial allowance is only admissible on such plant and machinery which was not
previously used in Pakistan.
Since in this case, the equipment was previously used in Pakistan, the initial
allowance is not admissible.
(v)
Rs. 100,000
Depreciation
Rs. 200,000
(b)
A person shall be allowed an amortization deduction in a tax year for the cost of
the persons intangibles -
That are wholly or partly used by the person in the tax year in deriving
income from business chargeable to tax; and
61
Principles of taxation
The total deductions allowed to a person in the current tax year and all previous
tax years in respect of an intangible shall not exceed the cost of intangible.
The amortization deduction of a person for a tax year shall be computed
according to the following formula, namely:A / B Where A
An intangible with a normal useful life of more than 10 years or that does not
have an ascertainable useful life, shall be treated as if it had a normal useful life
of 10 years.
Where an intangible is used in a tax year partly in deriving income from business
chargeable to tax and partly for another use, the deduction allowed for that year
shall be restricted to the fair proportional part of the amount that would be
allowed if the intangible were wholly used to derive income from business
chargeable to tax.
Where an intangible is not used for the whole of the tax year in deriving income
from business chargeable to tax, the deduction allowed under this section shall
be computed according to the following formula, namely:A B / C where A
Is the number of days in the tax year the intangible is used in deriving
income from business chargeable to tax; and
62
Authors
Section 89 states that where the time taken by an author of a literary or artistic
work to complete the work exceeds twenty-four months, the author may elect to
treat any lump sum amount received by the author in a tax year on account of
royalties in respect of the work as having been received in that tax year and the
preceding two tax years in equal proportions.
Therefore, Mr. Danishwar can spread the amount of Rs. 900,000 over the period
of three years in equal proportions i.e. Rs 300,000 each starting from tax year
2014 to preceding two tax years 2013 and 2012.
(ii)
1,200,000
200,000
150,000
100,000
1,650,000
5,540,000
Taxable income
7,190,000
63
Principles of taxation
Rupees
COMPUTATION OF TAX PAYABLE (For non-salaried individuals)
Income tax on Rs 7,190,000 [Rs 1,322,500 + 1,190,000 @ 35%
1,739,000
(60,466)
1,678,534
(200,000)
(390,000)
By AFL (tax deducted from payment for attending the BOD meeting)
Balance Tax Payable
(9,000)
1,079,534
WORKING 1
Computation of Business Income
Rupees
Net profit for the year
3,500,000
600,000
250,000
50,000
500,000
150,000
140,000
150,000
200,000
5,540,000
COMMENTS
Bonus pertaining to tax year 2013: Salary is taxable on the basis of receipt.
Therefore, salary income for the tax year 2014 will include bonus for 2013 as well as
2014.
Bad debts recovered: The recovered bad debt is treated as income because it was
claimed as expense in tax year 2010.
Salary to brother: Salary paid to her brother is an allowable expense as he is working
as an employee in the firm.
Gift to clients are allowable business expense and therefore not added back.
Lease rental paid to the bank is allowable business expense.
Emile Woolf International
64
(b)
800,000
320,000
480,000
(c)
Gross
Amount
200,000
Amount
Admissible
0
600,000
100,000
480,000
0
480,000
Section 61 of the income tax ordinance, 2001 also requires that the aggregate
amount of the donation must not be in excess of 30% of the total income in the
case of an individual assesse. In your case this limit is:
65
Principles of taxation
Total income
8,000,000
2,400,000
As the admissible amount is less than Rs.2,400,000, hence, you are entitled to
claim tax credit on Rs.480,000 at the average rate of tax.
Gross
amount
Exemption/
admissible
deductions
Taxable
income
Remarks
240,000
240,000
96,000
96,000
Utility allowance
12,000
12,000
Medical allowance
12,000
25,000
25,000
Rs 500,000 x 5%
55,000
55,000
(550,000 @10%)
Gratuity
75,000
37,500
(50% of gratuity is
Exempt u/c 13 of
2nd Sch.)
12,000
37,500
Exempt up to 10%
of basic salary U/c
139 Part I, 2nd
Sch.
465,500
1,200,000
170,000
1,370,000
Less:
Admissible expenses
Repair allowance (1/5th
of Rent chargeable to
Tax)
274,000
Collection charges 6% of
Rent chargeable to tax)
82,200
Ground rent
10,000
Property tax
15,000
Rent sharing
36 000
(417,200)
Total admissible
expenses
952,800
66
Particulars
Gross
amount
Exemption/
admissible
deductions
Taxable
income
Remarks
10,000
10,000
Commission from
insurance companies
20,000
20,000
Lecturing and
examination fee
20,000
20,000
Rs 9,000 /0.9
Rs 19,000 /0.95
Rs 19,000 /0.95
50,000
1,468,300
30,000
1,438,300
138,245
1,000
2,000
141,245
15,000
1,000
Tax on commission
1,000
1,000
18,000
123,245
2,000,000
1,000,000 /10 3
(300,000)
1,700,000
1,700,000/10
170,000
Note 2: In case of individual tax deductible @ 7% on lecture and service fee income is
treated as minimum tax. However since normal rate of tax is greater than 7%,
therefore, tax liability is calculated under normal tax regime.
67
Principles of taxation
Calculations
Rupees
441,000
Rental income
720,000
144,000
Property tax
12,000
156,000
564,000
1,005,000
35,000
38,250
Total tax
73,250
Tax deducted
60,000
13,250
Note 1
INCOME AND EXPENDITURE ACCOUNT
Payments
Amount
Rent of clinic
24,000
Salary to assistant
36,000
Car running expenses
(30,000 x1/3)
10,000
Stationery
5,000
Depreciation of motorcar
(300,000 x 15% x 1/3)
15,000
Utilities
25,000
Depreciation on
Surgical Equipment
(40,000 x 15%)
6,000
Balance Income
441,000
Total
562,000
Receipts
Amount
consultation fees
450,000
visiting fees
100,000
12,000
562,000
Note:
Under the law, the admissible depreciation on the vehicle is 15%, whereas the rate of
depreciation on the surgical equipment is 15% of cost.
It is assumed that advance tax has been deducted on rent, therefore, consultancy and
visiting fee has been offered to tax under the normal tax regime. In case tax was
deducted on consultancy and visiting fee, tax deductible @ 7% would have been
treated as minimum tax and compared against the income tax liability calculated under
the normal tax regime.
68
Gross
amount
Exemption/
admissible
deductions
Taxable
income
240,000
99,996
240,000
99,996
Utility allowance
Medical allowance
24000
24,000
24,000
24,000
Bonus
Special merit award
Co maintained car
60,000
40,000
60,000
40,000
Funeral expenses of
parents
Medical expenses
20,000
20,000
100,000
100,000
206,000
206,000
20,000
500,000
20,000
500,000
20,000
20,000
100,000
100,000
Gain on disposal of
land
Total income
HR allowance is in addition to
free furnished accommodation,
hence, totally taxable under
Rule 5E.
Medical allowance in addition
to expenses borne according
to terms of employment,
therefore, the same allowance
is not exempt from tax.
Reimbursement of car
maintenance expenses used
for official purpose is not to be
added to salary income.
Free furnished
accommodations
Capital gains
Gain on disposal of
listed co shares
Remarks
16,700
69
5,010
Principles of taxation
11,690
40,000
20,000
48,310
Note: Tax credit on donation is only available to a maximum of 30% of taxable income
of an individual.
No tax credit is available on children education expenses paid and fee to solicitor.
Prior year income is not taxable in the current year as it is taxable in the relevant year
by revising the last year tax returns.
Purchase of car is increase in assets and it is not allowable as an expense.
Gross
amount
Exemption/ad
missible
deductions
Taxable
income
Remarks
210,000
210,000
115,500
115,500
31,500
31,500
Utility allowance
Medical allowance
Bonus
4,800
4,800
Medical allowance is
exempt up till 10% of
basic salary from tax u/s
nd
139 part I, 2 Sch.
70,000
70,000
7,860
7,860
Co maintained car
20,000
20,000
Orderly allowance
30,000
30,000
17,500
17,500
Employer contribution to
Provident fund
21,786
21,000
Employer contribution to
pension fund
27,300
27,300
70
786
[Rs400,000 x 5%]
It is assumed that
provident fund is
recognized. Lesser of
10% of basic salary or
Rs. 100,000 is exempt
whereas balance
amount is taxable.
Exempt
20,000
20,000
Professional fee
10,000
10,000
Total income
533,146
1,770
20,000
511,376
5,569
2,000
Total tax
7,569
1,750
Total tax
9,319
60,000
Dividend
1,750
PLS account
2,000
Professional fee
500
(54,931)
As a legal representative, Mr. Hyder is liable for any tax, which would have been
payable by his uncle, if he had not died. However, such liability is limited to the
extent of Rs. 10 million i.e. value of his deceased uncles estate.
Any proceeding taken against his uncle shall be continued against Mr. Hyder
from the stage at which it stood on the date of his uncles death. Further, any
proceeding which could have been taken against the deceased if he had
survived may be taken against the legal representative.
(b)
71
Principles of taxation
32. DONATION
Mr. Qamar shall be entitled for either of the following tax reliefs:
a tax credit in respect of any sum paid in the tax year as a donation
Tax credit
A person shall be entitled to a tax credit in respect of any sum paid, or any property
given by the person in the tax year as a donation to:
is the amount of tax assessed to the person for the tax year before allowance of any
tax credit
is the persons taxable income for the tax year; and
C
is the lesser of:
the total amount of the persons donations including the fair market value of any
property given; or
an individual or association of persons, thirty per cent of the taxable income of the
person for the year; or
A company, twenty per cent of the taxable income of the person for the year.
Straight deduction from income (Donations to institutions under clause 61
part I of the 2nd schedule)
The amount donated shall not exceed 30% of the taxable income in the case
of individual and AOP and 20% in the case of company.
72
Rupees
2,400,000
360,000
120,000
180,000
1,080,000
90,000
200,000
4,430,000
264,000
13,200
277,200
55,440
221,760
67,500
4,719,260
(250,000)
4,469,260
863,278
75,000
938,278
(650,000)
(75,000)
213 278
150,000
(18,000)
132,000
Note: No addition in salary income is needed for car provided by the employer only for
business use.
73
Principles of taxation
Rupees
6,000,000
1,000,000
200,000
7,200,000
Capital gain
(Note 2)
Fair market value of the painting at the time of gift
Less: Cost of the painting to be taken as the fair market
value at the time of its transfer to Saima
Less: Exempt amount- 25% of the gain
Income from property [Forfeited Deposit]
Income from other sources
Teaching fee
Less expenses
1,000,000
(500,000)
500,000
(125,000)
375,000
1,000,000
470,000
70,000
400,000
5,000,000
13,975,000
74
Note 2
A gain arising on the disposal of a capital asset by a person in a tax year, other than a
gain that is exempt from tax, shall be chargeable to tax in that year under the heading
Capital gain. No gain or loss is taken to arise on disposal of an asset by way of a gift
provided that the gift is to a resident person.
Since Saimas brother stayed in Pakistan for only two months in aggregate, he does
not qualify to be treated as a resident person. Therefore, gain arising from the gift of
the painting is taxable as capital gains in the hands of Saima.
Note 2.1
Where the capital asset becomes the property of the person by inheritance, the fair
market value of the asset, on the date of its acquisition is treated to be the cost of the
asset.
Note 3
Any amount received as a loan, advance, deposit or gift by a person in a tax year from
another person (not being a banking company or financial institution) otherwise than by
a crossed cheque drawn on a bank or through a banking channel from a person
holding a National Tax Number shall be treated as income chargeable to tax under the
heading Income from Other Sources for the tax year in which it was received.
Therefore the amount received by Ms. Saima from her sister would be chargeable to
tax as income from other sources.
Section 39(3) of the Income Tax ordinance states that any amount received on
account of followings:
a loan,
advance,
deposit for issuance of shares or
gift
by a person in a tax year from another person (other than a banking company or
financial institution).
otherwise than by a crossed cheque drawn on a bank or
through a banking channel from a person holding a National Tax Number
shall be treated as income chargeable to tax under the head Income from Other
Sourcesfor the tax year in which it was received. Therefore, the amount received
in cash by Mr. Bilal can be treated as income, in the tax year 2014.
The amount of tax credit available to a resident taxpayer will be the lesser of:
75
Principles of taxation
income tax applicable to the taxpayer for the year against the taxpayers net
foreign source income for that year.
The amount of tax credit is calculated separately for taxable income under each
heading of income.
Foreign tax credit is given only if foreign income tax is paid within two (02) years
after the end of the tax year in which related foreign income was derived.
While determining tax liability for a tax year, the amount of foreign tax credit is
reduced from the gross tax liability before reduction for any other tax credits, such
as, those relating to donations, investments and income tax paid in Pakistan.
In case credit for foreign tax is not fully utilized in the year it is generated, the
excess amount is neither refundable nor can it be carried to another tax year.
Tax credit is not allowed for tax paid outside Pakistan on foreign-sourced income
which is not chargeable to tax or is exempt from tax in Pakistan.
269,000
200,000
80,000
10,000
15,000
2,500
10,000
13,000
5,000
120,000
10,000
734,500
306,550
2,500
18,000
33,000
Taxable income
360,050
374,450
Income tax
Divisible income
374,450
76
TAX DEPRECIATION
Plant and machinery
Opening tax WDV
Less: WDV of disposal
250,000
80,000
170,000
30,000
200,000
10,000
30,000
40,000
Vehicles
Opening tax WDV
Addition
400,000
1,300,000
1,700,000
255,000
80,000
10,000
70,000
7,000
77,000
Addition
Normal depreciation @ 15%
11,550
306,550
80,000
Commission
80,000
10,000
Total
5,000
10,000
5,000
Balance (60:40)
167,670
111,780
279,450
252,670
121,780
374,450
77
240,000
(48,000)
(40,000)
152,000
252,670
404,670
467
175
Principles of taxation
600,000
120,000
120,000
60,000
60,000
20,000
25,000
50,000
60,000
1,115,000
40,000
1,075,500
83,825
991,675
Member
B
120,000
60,000
25,000
240,000
120,000
45,000
293,337
493,337
293,338
498,338
586,675
991,675
240,000
Exempt
240,000
493,337
733,337
360,000
Exempt
360,000
498,338
858,338
33,333
51,251
10,909
21,495
4,000
14,909
2,000
23,495
Salary
House rent
Hotel bills
Balance 991,675 240,000 - 120,000 - 45,000 =
586,675 (equal share)
Total income of each member
Income from sources other than share of
AOP
Property income (net of all deductions)
Gain on public listed companys shares
Taxable income
Add: Share of profit from AOP
Taxable income for computing tax u/s 88
78
Total
39. Hameeda
(a)
ii.
Jewellery and paintings are considered as capital assets and relevant gain / loss
& will be dealt with as follows:
Painting
The cost of the painting for Hameeda would be Rs. 2,350,000 i.e. the value thereof at
the time of inheritance. However, no loss can be recognized on such assets.
Jewellery
The cost of Jewellery for Hameeda would be Rs. 3,000,000 i.e. the value thereof at
the time of gift. The gain of Rs. 2,000,000 should be recognized. However, as the
holding period of Jewellery is more than one year. The taxable gain will be restricted
to 75%, i.e. Rs. 1,500,000.
(b)
Kashmala&Shumaila
Computation of taxable income & tax there on for the tax year 2014
Rupees
Net loss
(800.000)
800,000
Accounting depreciation
300,000
300,000
(250,000)
50,000
(400,000)
(350,000)
250,000
(100,000)
79
550,000
Principles of taxation
298,000
45,000
55,000
18,000
6,000
14,000
5,000
16,000
5,000
34,000
496,000
16,700
250,000
266,700
229,300
0
229,300
Nil
250,000
25,000
229,300
FBR has clarified that it is the divisible income (profit after tax) of AOP that will be
included in the taxable income of its members for rate purpose.
If AOP has any income that falls under presumptive tax regime (PTR) then
members share from such income shall not be added in the taxable income of the
member. Section 4(4) read with Section 169(2) clearly states that income falling
under PTR is not to be included in any taxable income.
45,000
16,000
2,500
54,150
117,650
Hamid
55,000
2,500
54,150
111,650
80
Total
100,000
16,000
5,000
108,300
229,300
72,000
Less: Zakat
26,500
Taxable income
45,500
117,650
163,150
Tax Liability
Income tax on 163,150 @0%
--
As Mr. Hamid does not have any other normal taxable income, share of profit
from AOP cannot be included for rate purpose.
Note:
Loss of AOP will be carried forward only in the hands of AOP, hence no effect of share
of loss of AOP has been given in the hands of Mr. Tariq.
Rupees
(1,500,000)
(1,502,500)
900,000
600,000
Interest to Sohail
300,000
Interest to Khaled
Interest to Qazi
300,000
500,000
Business loss
(402,500)
1,560,000
1,157,500
159,500
Divisible profit.
998,000
81
Principles of taxation
Note: As per section 56(1), loss under any head cannot be adjusted against the
property income.
Divisible income between the partners will be worked in the following manner:
Particulars
Sohail
Khaled
Qazi
Total
Salaries
900,000
600,000
300,000
300,000
500,000
1,100,000
(640,800)
(640,800)
(320,400)
(1,602,000)
559,200
259,200
179,600
998,000
1,500,000
Sohail
800,000
-
Khaled
Rupees
900,000
-
Qazi
800,000
900,000
850,000
559,200
1,359,200
255,000
259,200
1,714,200
179,600
1,029,600
126,380
190,340
76,940
74,385
99,933
63,519
850,000
W-1 Rental income is worked out by deducting the following admissible expenses from
such income:
Particulars
Amount
Rental receipts
2,000,000
400,000
Property tax
40,000
440,000
1,560,000
82
An individual shall be a resident individual for a tax year if the individual is:
(i)
(ii)
(ii)
(iii)
(i)
(b)
83
Principles of taxation
CHAPTER 14 RETURNS
43. MR.SAMI
(i)
Where the Commissioner is of the view that Mr. Sami is required to file the
return of income but has failed to do so, the Commissioner is empowered to
issue a notice requiring him to furnish the return of income. However, he can
issue such notice in respect of the last five tax years and therefore issuance of
notice for tax year 2008 cannot be justified.
Moreover, he should have allowed a minimum of 30 days or such longer period
for filing the returnas he may, byorder in writing, allow.
(ii)
The Commissioner may extend the time frame for furnishing the return, if he is
satisfied that the applicant is unable to furnish the return of income by the due
date because of:
84
(ii)
(iii)
Any expenditure that provides an advantage or benefit for a period of more than
one year is included in the definition of intangibles and is required to be
amortized over the period of the expected benefit. As such PPL would be
allowed to charge only 1/3rd of the expense in 2014 which would be Rs. 30.0
million.
85
Principles of taxation
CHAPTER 16 APPEAL
46. ZUBAIDA
(a)
(b)
Now we discuss the sales tax implication on all these activities one by one in the
ensuing paragraphs:
Sale of pharmaceutical products
Pharmaceutical items are exempt from levy of sales tax and therefore no sales tax is
chargeable on supplies related thereto.
86
48. Registration
Person
Name
Mr A
Mr B
Mr C
Mr D
Mr E
Category of Registration
Scheme of Taxation
Wholesaler
Retailer
Nil
Manufacturers and Retailer.
Service Provider
Registration
Registration
No Registration as commission agent only
Registration
No registration required under the Sales Tax
Act 1990, however, will have to get registered
under the respective Provincial Sales Tax Act
for services.
(ii)
(iii)
87
Principles of taxation
Returns:
Being a registered person, Mr. Furqan was required to file a nil /null return for
each tax period irrespective of the fact that he did not carry out any taxable
activity after the registration. Failure of Mr. Furqan to file a return by the due date
may result in imposition of penalty.
(ii)
De-registration:
Reasons for De-registration:
Mr. Furqan may be liable for deregistration due to any of the following reasons:
51. MANUFACTURER
Under the Sales Tax Act, 1990, a manufacturer is a person who engages, whether
exclusively or not, in the manufacture of goods whether or not the raw material of
which the goods are manufactured are owned by him; and shall include:
(i)
88
(ii)
(iii)
Any person, firm or company which owns, holds, claims or uses any patents,
proprietary, or other right to goods being manufactured, whether in his or its
name, or on his or its behalf, as the case may be, whether or not such person,
firm or company sells, distributes, consigns, or otherwise disposes of goods.
Provided that for the purpose of refund, only such person shall be treated as
manufacturer-cum-exporter who owns or has his own manufacturing facility to
manufacture or produce the goods exported or to be exported.
Export
Local
Total
1,200,000
1,000,000
2,200,000
170,000
170,000
Output tax
Less input tax
Directly attributable
Export related (142,292-12,292)
130,000
75,000
40,909
34,091
75,000
60,909
Tax refundable
170,909
Computation
Sales Tax
Input tax
Purchases from registered person
4,500,000 @17%=
1,200,000
Utility bills
765,000
75,000
Imports
2,300,000 @17%=
391,000
1,231,000
45,000
17,000
89
Principles of taxation
Particulars
Computation
Sales Tax
1,231,000 x 3/10
369,300
Accumulated credit
1,293,000-369,300
923,700
3,200,000 @17%
544,000
3,600,000 @17%
612,000
3,600,000 @1%
36,000
200,000 @17%
34,000
Exports
3,000,000 @0%
Output tax
1,226,000
302,300
369,300
Under the amended provisions of Sales Tax Act of 1990, self-consumption of goods
not produced or manufactured but acquired for trading or otherwise, is not deemed to
be supply and therefore not chargeable to tax. Consequently input tax relating to
such products is not deductible. Sales tax is chargeable on self-consumption of only
manufactured products and input tax relating thereto is also deductible.
ii.
The sale price of the product sold includes the cost of parts, if any, to be supplied
during the warranty period, therefore it is not considered as a separate supply and
hence no sales tax is chargeable at the time of disposal of parts to meet the
warranty claim.
iii.
Sales Tax Rules, 2006 disallow the claim of input tax where the goods have been
returned by the buyer on the grounds that such goods are not fit for consumption.
However, as per the provisions of Sales Tax Act 1990, where the goods, in respect of
which input tax has been paid at the time of their acquisition and are intended to be
used in making taxable supplies, then the Act does not prohibit the adjustment of
such input tax against output tax for the relevant tax period. Therefore input tax
already claimed cannot be disallowed as there is no prohibition under the law.
20.40
(18.36)
2.04
90
0.84
4.8
20.40
0
Exempt
20.40
W-2: Input tax manufacturing (lower of actual and 90% of output tax)
On purchase of raw
(Rs. 160 m x 17%)
Inadmissible input tax- W-3
27.2
(8)
19.2
18.36
Note: Purchase from un-registered persons will have no implication on the above
computation.
It is assumed that sales are only to registered persons
W-3: Apportionment of input tax
Residual input tax
Inadmissible input tax
Exempt supplies (20/170 x 27.2)
Export (30/170 x 27.2)
27.2
3.2
4.8
91
Rs.
7,650,000
250,000
0
17,000
7,917,000
Principles of taxation
Input tax
Purchases of raw material for manufacturing goods (see working)
Total input tax
6,102,564
6,102,564
1,814,436
Working:
A registered person is not allowed to adjust input tax for a tax period in excess of
90% of the output tax for that tax period. [S.8B]
Rs.
On payment for purchases of raw material for manufacturing goods
(exports as well as local supplies)
[Rs. 58,000,000 x 17/117]
Restricted to 90% of output tax for June 2014
(90% of Rs. 7,917,000)
Input tax related to local sales (42,000,000 x 17/117)
Tax Refundable on exports (16,000,000+10,000,000 x 17/117)
8,427,350
7,125,300
6,102,564
3,777,778
Explanations:
Note 1
Total supplies other than exports are Rs. 45,000,000. The value of a supply can be
reduced by a trade discount only if:
(i)
the trade discount is in conformity with the normal business practices; and
(ii)
In the instant case the second condition is not fulfilled; therefore, the value of the
supply is not reduced for the purpose of charging sales tax. [S.2(46)(b)]
Note 2
The goods given to the chief executive are not exempt but fall within the definition
of a supply and are liable to payment of sales tax.
Note 3
The input tax on Rs. 10,000,000 paid for the acquisition of the machinery is
adjustable wholly and restriction of 90% of the output tax is not applicable in such
case. [First proviso to S.8B]
Note 4
The input tax of Rs. 100,000 pertaining to the raw material purchased in November
2013 cannot be claimed in June 2014 as it is older than 180 days and so ineligible
for adjustment. It could only have been claimed up to April 29, 2014. [First proviso
to S.7(1)]
(b) Tax liability on behalf of a supplier of goods
A registered person receiving a supply from another registered person can be held
liable to pay tax on the supplies received where the person receiving the supplies
has knowledge or reasonable grounds to suspect that the person making the
supplies has not paid tax in respect of:
current supplies;
92
previous supplies; or
subsequent supplies.
The above liability shall be joint and several with the person making the supplies.
[S.8A]
Zubair Enterprises Ltd (ZEL) should avoid dealing with this supplier as it is exposing
ZEL to the risk of a tax liability to the extent of any non-payment of tax on the
supplies made to ZEL. However, the Federal Board of Revenue (FBR) can notify in
the Official Gazette certain transactions on which this liability will not arise. If the
transactions made by ZEL with the supplier are included in such notification, there
would be no liability on ZEL on this basis.
80,402
274,683
2,975,823
(166,685)
2,809,138
Rupees
1,015,257
Rupees
1,253,912
1,366,826
2,125,215
(225,215)
1,900,000
276,068
399,500
(152,658)
1,538,167
Note 1The limitation of 90% has not been used as the input tax (without input tax on
fixed assets) is already less than 90% of output tax.
93
Principles of taxation
Rupees
1,471,561
573,205
Input tax not deducted in the return for the month of January, 2014
185,700
Total
2,230,466
(219,179)
2,011,287
Output tax
Rupees
1,070,320
1,168,690
68,746
On exempt goods
2,307,756
Rupees
Output tax
2,307,756
Input tax Lower of Rs. 2,011,287 or 90% of output tax of Rs. 2,307,756=
2,076,980)
2,011,287
Net Payable
296,469
155,635
Note-1
Apportionment of residual input tax
Rupees
573,205
21,324,650
155,635
63,544
94
219,179
Output tax
On the sale of taxable goods (Rs. 6,535,000 x 17%)
On export of cables to Tanzania (zero rated)
Input tax
On payment for purchases of raw materials(Rs. 7,448,850 x 17/117)
On payment for machinery of the new unit - (5,395,500 x 17/117)
Input tax non-adjustable being related to export (Note -1)
1,082,312
783,962
1,866,274
(876,732)
989,542
Sales Tax payable and refundable for the month of January 2014
Output tax
Input tax allowed
Net payable
Sales tax refundable
1,110,950
989,542
121,408
876,732
Amount of input tax excluding input tax on machinery (Rs. 1,082,312 876,732) is less
than the 90% of 1,110,950 (999,855). Therefore full input tax would be allowed.
Note-1
Apportionment of residual input tax
Total residual input tax
Total sales (6,535,000+5,790,000)
Input tax apportioned on export sales
(1,866,274 X 5,790,000/12,325,000)
Rupees
1,866,274
12,325,000
876,732
In case the consideration for a supply is in kind, or is partly in kind and partly in
money, the value of the supply shall mean the open market price of the supply
excluding the amount of tax. Therefore, value of supply shall be Rs 2,500,000
and not the consideration received i.e. Rs 2,375,000. However, if the sales tax
invoice reflects trade discount of Rs 125,000 and discount allowed is in
conformity with the normal business practices, then the value of taxable supply
will be taken at Rs 2,375,000.
95
Principles of taxation
(b)
Return of supply:
Tameer Limited (TL) would follow the following procedure:
(i)
TL shall issue a Debit Note (in duplicate) in respect of Iron Bars supplied
to it by Folad Limited (FL), indicating the quantity being returned, its value
determined on the basis of the value of Iron Bars as shown in the tax
invoice issued by FL and the amount of related sales tax paid thereon, as
well as the following, namely:
(ii)
The original copy of the debit note shall be sent to FL and the duplicate
copy shall be retained by TL for record.
Sales
Tax
70,700
12,019
(34)
(3,278)
8,707
Output tax
Domestic supplies of manufactured goods:
- to registered persons @ 17%
40,000
6,800
24,000
4,080
24,000
240
Export to Malaysia @ 0%
13,000
11,120
2,413
1,776
Less:
- Penalty
-
(50)
Additional tax
(25)
1,701
96
Note: If a registered person is liable to pay any tax, default surcharge or penalty
payable under any law administered by the Board, the refund of input tax shall be
made after adjustment of unpaid outstanding amount of tax or, as the case may be,
default surcharge and penalty.
W1: Apportionment of input tax
Gross
value
70,700
Taxable
Value
70,700
Sales
tax
12,019
88,000
11,000
13,000
1,502
1,776
3,278
97
Rs. in 000
Taxable
Value
17,000
8,000
2,890
1 360
(1,133)
3,117
365
3,482
22,000
3,000
5,000
3,740
Exempt
Zero
3,740
3,366
374
708
116
The Institute of Chartered Accountants of Pakistan
Principles of taxation
Sales
Tax
2,890
1,360
4,250
30,000
425
708
1,133
98
Gross
Value
6,000
Rs. in 000
Taxable
Value
6,000
Sales
Tax
1,020
15,000
15,000
2,550
1,500
(1,078)
2,638
325
204
3,021
20,000
4,000
4,000
20,000
0
4,000
3,400
0
3,400
3,021
379
Nil
539
Gross
Value
Taxable
Value
Sales
Tax
Rs. in 000
Domestic Purchases
(excluding fixed assets)
Imports excluding fixed assetsdomestic consumption
Purchase of machinery
Residual input tax
6,000
6,000
1,020
15,000
15,000
2,550
1,200
1,200
204
TOTAL
3,774
Rupees
Total sales
28,000
Exempt supplies
4,000
539
Total sales
28,000
Export supplies
4,000
539
1,078
Following are the conditions that need to be satisfied for the adjustment of input
tax against the output tax liability:
1.
2.
3.
Input tax paid or payable during the tax period for the purpose of taxable
supplies made or to be made is deductible from the output tax that is due
in respect of that tax period provided that where a registered person did
not deduct input tax within the relevant period,
he may claim it in the return for any six succeeding tax periods; or
the collector may, after satisfying himself that input tax adjustment is
due and admissible, allow the registered person to take such
adjustment in the tax period as specified by the collector.
In order to claim input tax, the taxpayer in each of the following cases must
hold in his name, bearing his sales tax registration number,
99
Principles of taxation
(ii)
Tax on goods or services used or to be used for any purpose other than for
taxable supplies made or to be made
Tax on goods or services in respect of which sales tax has not been
deposited into the government treasury by the supplier
On fake invoices
Tax on such goods or services which the Federal Government may specify
through a Gazette notification
A registered person shall not be entitled to claim or deduct input tax paid on:
(i)
goods or services used or to be used for any purpose other than for
taxable supplies made or to be made by him; OR goods or services used
or to be used for making the exempt goods supplies.
(ii)
(iii)
the goods which are subject to extra tax in addition to normal tax payable
at 17%.
(iv)
fake invoices.
(v)
taxable goods or services which have not been deposited into government
treasury by the supplier.
(vi)
(vii) purchases where payment has not been made through crossed cheque.
(viii) supplies used for specified goods if such good are supplied to
unregistered person.
100
(b)
A credit note can only be issued within 180 days of the date of relevant supply.
As the supply was made on August 15, 2014, the 180 days expired on February
10, 2014. Therefore the credit note cannot be issued in the month of March
2014. However, the collector, at the request of Rizwan Enterprise may extend
the period for the submission of the credit note. The collector has been
empowered to extend the period of 180 days by a further 180 days at the
request of the supplier in writing giving reason for the desired extension in time.
(c)
(i)
(ii)
in case the goods are entered for home consumption, on the date on
which a goods declaration is presented.
in case the goods are cleared from warehouse, on the date on which
a goods declaration for clearance of such goods is presented.
If the tax is not paid within seven days of the presenting of the goods
declaration the tax shall be charged at the rate as is in force on the
date on which tax is actually paid.
Any person who has collected or collects any tax or charge, whether under
misapprehension of any provision of the Sales Tax Act, 1990 or otherwise,
which was not payable as tax or charge or which is in excess of the tax or
charge actually payable and the incidence of which has been passed on to
the consumer. Such person is required to pay the amount of tax or charge
so collected to the Federal Government.
Any amount payable to the Federal Government by virtue of the above
shall be deemed to have been paid as an arrear of tax or charge payable
under the Sales Tax Act, 1990 and shall be recoverable accordingly and
no claim for refund in respect of such amount shall be admissible.
Following are the goods which shall be charged to tax at the rate of zero per
cent:
Goods exported.
Goods specified in the Fifth Schedule.
Supply of stores and provisions for consumption aboard a conveyance
proceeding to a destination outside Pakistan.
101
Principles of taxation
Goods identified in (a) above shall not be qualified for zero rating in the following
situations:
Goods are exported but have been or are intended to be re-imported into
Pakistan.
Goods have been entered for export u/s 131 of the Customs Act, 1969, but
are not exported.
68. ZAINAB
Ms. Zainab
Computation of Sales Tax Liability
for the month of February 2014
Gross
Taxable
Sales Tax
Value
@17%
Value
Amount in Rupees
6,000,000
850,000
6,000,000
-
(150,000)
(150,000)
100,000
100,000
1,020,000
1,020,000
(25,500)
994,500
17,000
1,011,500
1,010,000
6,500,000
7,900,000
1,010,000
3,950,000
171,700
0
171,700
(154,530)
17,170
187,411
102
310,686
1,011,500
12,860,000
621,372
310,686
932,058
(i)
In case the consideration for a supply is partly in kind and partly in money,
the value of the supply shall mean the open market price of the supply
excluding the amount of tax;
Therefore, in this case sales tax would be payable on the market price of Rs.
3.5 million.
(ii)
(iii)
On items specified in the Third Schedule, sales tax is charged on the retail
price of goods excluding the amount of retail tax.
Therefore, in this case sales tax would be levied on Rs. 3.0 million (Rs.
150,000 x 20 tons).
(b)
(ii)
(iii)
(iv)
(v)
(vi)
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Principles of taxation
2,040
408
2,448
(1,175)
1,273
50
1,323
10,000
3,000
3,000
10,000
2,000
15
1,700
510
30
0
2.55
2,242.55
(85)
2,157.55
500
(1,323)
834.55
979
Rs. In 000
2,448
12,000
8,000
2400
2,000
104
196
979
1,175
Under the Sales Tax Act, 1990 the following types of records are required to be
kept in prescribed form and manner as would permit ready ascertainment of his
tax liability during a tax period:
(i)
records of supplies made shall indicate the description, quantity and value
of goods, name and address of the person to whom supplies were made
and the amount of the tax charged;
(ii)
records of goods purchased shall show the description, quantity and value
of goods, name, address and registration number of the supplier and the
amount of the tax on purchases;
(iii)
records of goods imported shall show the description, quantity and value
of goods and the amount of tax paid on imports;
Records of zero-rated and exempt supplies.
Gate passes
(b)
(iv)
(v)
A registered person is required to retain the records and documents for a period
of six years after the end of the tax period to which such record or documents
relate or till the final decision in any proceedings including proceedings for
assessment, appeal, revision, reference, petition and any proceedings before an
alternative Dispute Resolution Committee.
105
Principles of taxation
106