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Tax News April 04, 2016



1.      Alleged corruption: Hyderabad Collector Customs booked

April 04, 2016

Federal Investigation Agency (FIA) has booked Collector Customs, Hyderabad, Ahmed Mujtaba Memon, over his alleged involvement in corruption amounting to around Rs 190 million, it was learnt. According to the FIR, which was exclusively made available to this paper, the case (12/2016) established against the accused on April 1, 2016, was the result of an inquiry no 50-2015 of the FIA's Anti Corruption Circle.

The FIA alleged that the Collector while serving in customs service remained involved in corruption and corrupt practices.

According to the FIR, he accumulated huge immoveable/moveable properties in his name and in the names of other family members, which were disproportionate to his known source of income. In addition, he made Rs 116.48 million transactions through 10 different bank accounts opened in his name and the names of other family members.

The FIA levelled an allegation that Memon also maintained two foreign currency accounts in his and his spouse's names and remitted around $ 737,000 for purchasing properties in Canada.

Moreover, the agency stated that the accused travelled abroad on the basis of a passport obtained in his private capacity and "concealed" properties, local and foreign bank accounts in his annual declaration of asset. Furthermore, the FIA said that Memon also obtained dual nationality (Canadian) without bringing the same to the knowledge of FBR or customs department.

When contacted, Memon denied the allegations and termed it personal vendetta by FIA. He said that he was going to approach a court to prove his innocence in the case.

2.      Arrangements being made to observe 'Tax Day'

April 04, 2016

Commissioner Rawalpindi Azmat Mehmood has said that arrangements are being made to observe Tax Day in the city on April 10. The commissioner, in a statement here, said that the main function of 'Tax Day' would be held at Lahore and participants from Rawalpindi would participate through video link in it. Banners would be displayed in the city to highlight the importance of taxation on services, he added.





3.      KP governor extends Customs Act 1969 to Malakand Division, Kohistan

April 03, 2016

The Khyber Pakhtunkhwa governor, Iqbal Zafar Jhagra has extended Customs Act 1969 to all districts of Malakand division and Kohistan district. The governor extended the Customs Act with the permission of the President Mamnoon Hussain. The Home and tribal affairs department of the KP has issued notification in this regard. The copies of the notification have been sent to Peshawar High court, High court Mingora Bench, commissioner Malakand division and deputy commissioners of all districts.

After merger of Swat state into Pakistan, the area was exempted from Customs. Now the Income Tax department would set up its office in Malakand division. Meanwhile, the non-customs paid vehicles dealers have strongly condemned the government's decision and said that there is no industry in the area and government wanted to deprive the people of their only source of income. Talking to this scribe, they demanded amnesty scheme for the dealers.

Pakistan People's Party provincial general secretary, Engr Muhammad Hamayun Khan termed the imposition of taxes on Malakand division as unjust step and condemned it. He said the government attitude towards KP highly disappointing, saying that people of Malakand division, had rendered homeless for sack of peace in the country, and faced with earthquake, and floods, due to which they are still unstable and unrest, he said. Hamayun said the sacrifices rendered by people of Malakand division could not avoidable and unmatchable. He said if the government didn't do for welfare of people, then it should not also put burden of terrorism and poverty stricken people of KP. PPP leader said the government had made promise to waive off the loans, but the committee didn't honour. He warned that if the government was failed to withdraw customs Act and taxes on Malakand division, the party would strongly agitate across the province.

4.      Reasons behind decrease in effective rate of sales tax identified

April 03, 2016

The effective rate of sales tax is within the range of 3 to 3.5 percent as compared to the standard rate of 17 percent sales tax due to massive tax evasion and illegal/inadmissible input tax adjustment claimed by the unscrupulous elements. Official sources told Business Recorder here on Saturday that the illegal input tax adjustment was one of the major reasons responsible for decrease in the effective rate of sales tax. In view of the standard rate of 17 percent sales tax, the effective rate of sales tax is very low. At one time in the past, the effective rate of sales tax went upto 7-8 percent. Later, the rate again came down.

They added that the efforts were needed to plug in loopholes in the sales tax system for improving effective rate of sales tax. Official stated that the effective rate of sales tax was around 3 to 3.5 percent as compared to the statutory rate of sales tax. In its final report, the Tax Reform Commission (TRC) has mentioned that the effective rate of sales tax during 2013-14 was 3.9 percent for sales tax (domestic) and 10.7 percent for sales tax (imports).

TRC said the four federal taxes, ie, Income and Corporate Taxes, Sales Tax (Domestic and on Imports), Federal Excise Duties, Customs Duties are levied on different tax bases. The statutory tax rates are applicable as per relevant tax laws of these taxes. However because of variety of reasons, including tax exemptions, concessions, tax fraud, and less-than-satisfactory tax administration (including corruption), the effective tax rates diverge from statutory rates. Hence, there is room for improvement. This note provides a comparative assessment of effective and statutory tax rates for fiscal year 2013-14. The effective tax rates are calculated as collection of tax relative to its base. It may be added that the relevant data has been obtained from official sources of FBR and GOP.

The most serious problem appears to be in the area of sales tax, especially its domestic component where the divergence between effective and statutory rates is much larger compared to other taxes. The sectors which are either tax exempt or lowly taxed are wholesale and retail trade, transportation, hotels and restaurants, and an array of other activities categorised as informal sector activities. Similarly, the effective rate of income and corporate taxes is on the lower side mainly due to tax evasion and avoidance and low compliance of the corporate sector. The weakness of tax administration is far too obvious as the number of business activities that have not been properly taxed is seriously high. This can be readily verified from analyzing the returns. The number of corporations showing nil income and business losses is increasing at a fast pace. The recent reliance on withholding tax structure rather than self-assessment is a clear reflection of poor tax administration, TRC added.

5.      Government committed to introducing market value-based real estate tax

April 02, 2016

Pakistan has committed to introducing a market value-based real estate tax. This was disclosed in the International Monetary Fund staff report titled Tenth Review under the Extended Arrangement and Request for Modification of Performance. Federal Board of Revenue (FBR) plans to work with the provinces to build a centralised fiscal cadastre to introduce market value-based real estate tax.

The staff report further acknowledges that in spite of authorities'' commitment to raise the tax to GDP ratio to 14.5 per cent in the medium term (by 2019-20) remains highly pertinent but despite progress under the programme revenue remains much too low to allow for sustained increases in infrastructure investment and social spending. To achieve this objective the FBR will further streamline tax concessions and exemptions, except for goods with social priority, well-targeted export incentives, and those related to bilateral trade agreements and international conventions.

The report further adds that to improve fairness of the tax system and mitigate economic distortions, additional revenue should be raised mainly by widening the tax net while avoiding tax amnesty schemes. The staff review further warns the authorities to ensure that the voluntary tax compliance scheme (VTCS) for traders does not alter the level playing field for all taxpayers and that the scheme does not discriminate against law-abiding taxpayers.

Tax authorities are also committed further streamlining tax concessions and exemptions, modernising the GST on goods and services in close co-ordination with provincial revenue authorities and begin publishing the stock of outstanding tax refund claims and stepping up the processing of general sales tax (GST) refunds; in addition FBR is planning to accelerate the implementation of risk-based auditing, including the initiation of income tax audits for high net worth individuals, ensure data matching between domestic taxes and customs to identify noncompliant taxpayers and minimise under-declarations, the staff review adds.

The government has further assured the IMF that it would continue to take governance and anti-corruption measures at the FBR, including by establishing communications platforms to facilitate public reporting of corrupt practices in tax administration, seek parliamentary ratification of the legislation against "benami" transactions and establish a tax policy research and analysis unit which is defined as assets that can be used to conceal one''s assets and evade taxes.

Specific priorities of FBR would include continued removal of GST and customs duty concessions and exemptions, improving taxpayer compliance, and encouraging better tax collection at the provincial level by rebalancing the existing fiscal federalism system and reducing fragmentation in tax administration.

FBR plans to further expand the coverage of tax crimes under the Anti-Money Laundering (AML) Act, including income tax-related crimes. As authorisation for the government to amend the schedule of tax crimes is already granted under the existing AML Act, the authorities do not plan to make further legal amendments but rather to amend the schedule of the AML Act, by notification in the Federal Gazette, to include offences under the income tax law as predicate offences to money laundering.

The Pakistani authorities have committed to continue strengthening the effectiveness of the AML/CFT framework in line with international standards by bolstering the Financial Monitoring Unit''s analytical capability and strengthening the effective implementation of relevant United Nations Security Council Resolutions to freeze the assets of terrorist individuals and organisations, staff report added.

Memorandum of Economic and Financial highlights the government determination to create the much-needed fiscal space for priority spending on infrastructure, education, healthcare, and targeted social assistance to improve living standards and to protect the most vulnerable segments of society.

The government refrained from granting any new tax concessions and exemptions and did not issue concessional Statutory Regulatory Orders (SROs), except under exceptional circumstances. Furthermore, parliament approved the legislation permanently restricting the government''s authority to grant tax concessions or exemptions. Such concessions and exemptions are now in the purview of parliament, except in a number of specified exceptional circumstances, in which the Economic Co-ordination Committee (ECC) of the cabinet can grant them on a temporary basis.

The authorities committed to continue to supporting growth-friendly tax revenue mobilisation. While tax-to-GDP ratio has been steadily raised, it still remains low and tax authorities continue to see great scope to increase tax revenue by broadening the tax base, strengthening tax administration, and shifting the tax composition from indirect to direct taxes in an efficient and equitable way.

The government committed to protecting the integrity of the General Sales Tax (GST) regime and improving its policy design and administration. It has also decided to modernise the GST on goods and services in close co-ordination with provincial revenue authorities before the FY 2016/17 budget is presented to parliament. The objective is to address the bottlenecks and distortions in policy design and administration of the GST system. To this end, the FBR will simplify the GST regime by adopting a single standard rate and introducing a number of base broadening measures.

The government committed to accelerating tax administration reforms to improve compliance and enforcement, critical to realise the revenue potential. The FBR will continue to strengthen the culture of taxation by aggressively pursuing tax evaders, avoiding tax amnesty schemes, and adopting a program of comprehensive reform of the tax institutions. The FBR will further improve enforcement efforts on non-filers who have the potential to contribute at least the average tax paid by currently registered taxpayers and especially large corporations and high wealth individuals.

The FBR now requires all government suppliers to be on the current list of active income and GST taxpayers to conduct business with government departments. The FBR will also ensure data matching between domestic taxes and customs to identify noncompliant taxpayers and minimise under-declarations.

The FBR will streamline the online filing scheme (which will facilitate registration and filing of PIT returns by simplifying the tax return form) and maintain the coverage of tax audits at 7.5 percent of filed tax returns. In addition, as part of its communication strategy aimed to enhance transparency, the FBR will start regularly publishing aggregate information on tax crime prosecutions (ie, cases, convictions, custodial sentences, reparation orders and court fines) by end-March 2016. A tax policy research and analysis unit under the Revenue Division by end June 2016 will be established to improve analytical capacity for fiscal policymaking.

The government has established an integrity management unit in the FBR and collected asset declarations of all FBR employees, and further strengthened the integrity management unit by identifying potential processes within the FBR that could reinforce its anti-corruption structures, including in the Directorate General of Internal Audit (DGIA). Next steps in this agenda include using the DGIA reports regarding tax fraud for identification of complicit tax officials and developing key performance indicators, a code of conduct, transparent criteria for integrity management, and ethics training.

In addition, the FBR has started monitoring the penalties imposed by its field officers. The FBR will continue working towards simplifying tax laws and procedures and better co-ordinate with provinces to consolidate collection of provincial taxes and fees to make it easier for taxpayers to meet their obligations and at the same time eliminate opportunities for corruption by limiting the discretion of tax officials. The FBR will also expand the IRIS (an end-to-end integrated IT system) to all business areas throughout the FBR''s network of offices to further reduce discretion in tax administration. Following the recent ratification of the whistleblower law for tax crimes, by end-April 2016 the FBR will establish communication platforms (phone hotline and website) to facilitate public reporting of corrupt practices in tax administration (new structural benchmark). After gaining initial experience with these new platforms, the government committed to publishing aggregate results of their usage and subsequent investigation.

6.      WHT on bank transactions Notification

April 02, 2016

The Federal Board of Revenue (FBR) has notified that the reduced rate of 0.4 percent withholding tax on banking transactions of non-filers shall continue till extended date of April 30, 2016. According to a notification issued by the FBR here on Friday, in exercise of powers conferred by proviso under Division XXI Part IV of the First Schedule to the Income Tax Ordinance, 2001, the Federal Government has directed that in its notification No SRO.216(I)/2016 dated 15th March, 2016, the following amendments shall be made namely.

In the aforesaid notification, for the words "sixteenth day of March, 2016 to thirty first day of March 2016" the words "first day of April, 2016 to thirtieth day of April, 2016" shall be substituted.

7.      Godowns containing smuggled goods sealed in Quetta

April 02, 2016

The customs department sealed three godowns with smuggled good worth millions during crackdowns here on Friday. The customs department officials' team raided three godowns in Kachlak area of the provincial capital Quetta. Smuggled goods including smuggled tyres, thousands of meters of cloth, generators and cigarettes stated to be worth more than 80 million were recovered and godowns were sealed. However, no arrest could be made as the culprits and people deployed to guard the godowns managed to escape prior getting the information of the raids.

The recovered goods were taken into custody by custom department and the police after registering cases against the owners of godowns have started raids for their arrest.

8.      FBR: IMF underscores need for removing corruption, eliminating mis-governance

April 02, 2016

The international Monetary Fund (IMF) has said that Pakistan needs to continue against corruption and mis-governance in Federal Board of Revenue (FBR) to increase tax to GDP ratio. Responding to media persons question through conference call from Washington, IMF mission chief Herald Finger said that "we have been discussing various measures with the authorities to broaden the tax base and increase the tax to GDP ratio to 14.5 per cent for 2019-20.

He added that discussion with Pakistani authorities focused on modernisation of property tax to make it market based in co-ordination with the provinces as well as issues in custom duty to manage under invoicing. He said that discussion on whether Pakistan needs another IMF program or repayment of EFF loan would take place when the ongoing program would reach close to it. He also highlighted that decline in exports; security issues as well as appreciation of exchange rate are major challenges for the country. Additionally, he said that financial market internationally might have negative impact on Pakistan.

He also hoped that the ongoing dialogue will continue with various stakeholders to develop consensus on restructuring and privatizations of public sector enterprises he added that GDP growth would be around 4.5 per cent for the current fiscal year and stated that IP gas pipeline would benefit both the countries. He said that changes in fiscal responsibility and debt limitation act are important reforms that will reduce the debt gradually.

Finger said FBR tax collection for March 2016 reflects that it is close to the indicative target and tax to GDP ratio which was 10 per cent two years ago is expected to increase to 12.2 per cent in the current fiscal year. Finger said that next review of the EFF would be in the early May 2016 and discussion would focus on withdrawal of tax exemptions in the next fiscal year budget. He said that Pakistan's real effective exchange rate is overvalued and needs to be market based to benefit the country's export.

9.      Lahore RTO-II surpasses collection target

April 02, 2016

Regional Tax Office-II, in Lahore has surpassed a revenue collection target assigned by the Federal Board of Revenue for this March under the heads of Income and Sales Taxes and Federal Excise Duty. Office-II sources told Business Recorder on Friday that it had collected up to Rs 4,000 million against the target of Rs 3,977 million under the head of Income Tax, Rs 3,001 million against the target of Rs 2,939 million as sales tax and collected another Rs 26 million under the Federal Excise Duty against the target of Rs 17 million assigned to it.

The office has been able to achieve growth of 28 percent, 32 percent and 100 percent under the said three heads of taxes as compared to the collection made during March 2015 and for the first time collected more than Rs 7 Billion during any month of a financial year. Khawaja Adnan Zahir, the Chief Commissioner of the Inland Revenue at the Regional Tax Office-II, is leading his team since he joined the office on February 8. It also emerged that the office had carried raids in 92 cases up to March 2016 resulting in default detection of Rs 686 million, a cash recovery of Rs 181 million and reduction in illegally claimed carry forward by Rs 505 million.

10.  21st MCMC participants visit FBR House

April 02, 2016

A group of 25 senior civil servants undergoing the 21st MID-CAREER Management Course (MCMC), along with the faculty members of the National Institute of Management (NIM) Karachi visited FBR House, here on Friday. The group was welcomed by Nadeem Dar, Member Facilitation & Taxpayers' Education (FATE). He briefed the visiting officers and faculty of MCMC about the organisational structure, working and revenue collection performance of the FBR.

He also highlighted the challenges faced by the FBR and the way forward to resolve these issues. Tehmina Aamer, Chief FATE, in her comments, gave a detailed outline of the various policy and operational challenges faced by the FBR and highlighted the strategies adopted by the FBR to address these issues. She also discussed the major initiatives of the FBR to enhance revenue generation through audit and enforcement initiatives and efforts broaden the tax base.

She highlighted the measures being adopted by the FBR to improve the tax to the GDP and bridge the tax gap. The briefing was followed by a detailed Questions & Answers session. The MCMC participants freely asked questions which were candidly and frankly responded to by member FATE Nadeem Dar and Chief Admn Dr Tariq Ghani. At the end of the Q&A session, the National Institute of Management (NIM) Karachi Chief Instructor Khawaja Shaukat and Shagufta Waris (ADS-Coord) thanked the FBR for providing the participants of MCMC with an opportunity to interact with the FBR's top management and to understand the grass-root issues facing the country's economy and the revenue collection system. Appreciating the performance of the FBR, he said that it is the need of the hour to adopt and promote tax culture at every level of the society. Member Fate Nadeem Dar and NIM Chief Instructor Khawaja Shaukat exchanged institutional mementos.

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