Tax Notes
Tax Notes
Tax definition
Taxation is the legal process by which a government raises revenue to fund public expenses,
promote social welfare, and ensure the protection of its citizens. It involves collecting a portion of
individual and organizational income under the authority of law to support governmental functions
and services.
Revenue Objective
The Government demands taxes for collection of revenue to run and administer the Government, to
use as a tool for implementation of its policies and for fair distribution of wealth.
Non-Revenue Objective
Taxation isn’t just about funding the government—it also plays a key role in shaping the economy
and society. It helps businesses grow by offering tax incentives, protects local industries from foreign
competition, and serves as a tool in international trade negotiations. Taxes can also be used to control
inflation, reduce wealth inequality, support education and innovation, promote fairness in markets,
and discourage harmful activities.
Taxes play a vital role in a country's development beyond just funding government projects.
They can encourage business growth by offering tax incentives in special economic zones,
create fairness by taxing the wealthy at higher rates, and support local industries by imposing
high taxes on luxury imports. Tax breaks can also promote charity, education, and
agriculture, helping to uplift communities and strengthen the economy.
The Benefit Principle- People should pay taxes based on the benefits they receive from
government services.
The Ability To Pay Principle- Those who earn more should pay more, & tax rates may
increase with higher income.
Kinds Of Taxes
Proportional Tax / Flat tax- This system requires the same percentage of income from
all taxpayers regardless of their earnings. A proportional tax applies the same tax rate
across low, middle and high income taxpayers. A proportional tax is also called a flat tax.
Progressive Tax- Higher income earners pay a larger percentage of their income,
meaning wealthier individuals contribute more. The tax amount is according to a
person’s status in society.
Fairness – People should pay taxes based on their ability to afford them.
Ease of Implementation – Taxes should be simple to understand, easy to collect, and not
hurt businesses.
Support Economic Goals – Tax laws should align with government plans to benefit the
public.
There are three kinds of tax years as stipulated in Section 74 of the Income Tax Ordinance,
2001:
Normal tax year is a period of twelve months ending on the 30th day of June and is
denoted by the calendar year in which the said date falls.
A special tax year is a unique 12-month period that does not follow the standard tax
year ending on June 30. Instead, it can start and end on different dates, depending on
specific business or financial needs. The tax year is identified by the calendar year in
which it ends. A person using a special tax year may apply in writing to the
Commissioner to allow him to use normal tax year and the Commissioner may by an
order, allow him to use normal tax year The Commissioner shall grant permission
only if the person has shown a compelling need to use special tax year or normal tax
year, as the case may be, and the permission shall be subject to such conditions, if
any, as the Commissioner may impose.
A transitional tax year occurs when a taxpayer switches from one tax year type to another. It
covers the gap between the previous tax year and the newly adopted one. The order of the
Commissioner is necessary in order to implement this.
Income
Heads of Income
For the purposes of the imposition of tax and the computation of total income, all
incomes shall be classified under the following heads:
1. Salary;
Basic Illustration:
Total Income
The total income of a person for a tax year shall be the sum of the
Person’s income under all heads of income for that tax year; and
Person’s income exempt from tax for that tax year under any of the provisions of
Income Tax Ordinance, 2001.
Taxable Income
A person’s taxable income for the year is their total income, excluding any income that
is tax-free. From this amount, they can subtract any deductions allowed by law, but the
final taxable income can’t go below zero.
Basic Illustration:
Deductible Allowance
A deductible allowance is a specific expense or amount that a person can subtract from
their total income before calculating their taxable income. It helps reduce the amount of
income that is taxed.
Zakat
If a person pays Zakat in a tax year, they can deduct that amount from their taxable
income as an allowance.
If Zakat is deducted from profit on debt (which falls under "income from other
sources"), it will only be deducted from that specific income, not from the total
income.
If the amount of Zakat paid is more than the total income, the extra amount cannot be
refunded, carried forward, or carried back.
If a person pays into the Workers’ Welfare Fund (WWF) in a tax year, they can
deduct that amount from their taxable income.
This applies if the payment is made under the Workers’ Welfare Fund Ordinance,
1971 or any provincial WWF law created after 2010.
However, if a company operates in multiple provinces and pays WWF to the
provinces, they cannot deduct this amount from their taxable income.
If a person or company pays into the Workers’ Participation Fund in a tax year,
they can deduct that amount from their taxable income.
This deduction applies if the payment is made under the Companies Profit
(Workers’ Participation) Act, 1968 or any provincial law passed after 2010.
However, if a company operates in multiple provinces and pays the fund to the
provinces, they cannot deduct this amount from their taxable income.
The amount of an individual‘s deductible allowance allowed for a tax year shall not
exceed the lesser of —
Person
▪ an individual;
Association of Persons
“Association of persons” includes a firm, a Hindu undivided family, any artificial juridical
person and anybody of persons formed under a foreign law, but does not include a
company;
“Firm” means the relation between persons who have agreed to share the profits of a
business carried on by all or any of them acting for all.
Taxpayer
▪ derives an amount chargeable to tax under the Income Tax Ordinance, 2001;
a) is present in Pakistan for a period of, or periods amounting in aggregate to,183 days
or more in the tax year;
c) A citizen of Pakistan who is not present in any other country for more than 182 days
during the tax year or he is not a resident taxpayer of any other country.
• Part of a day that an individual is present in Pakistan (including the day of arrival in,
and the day of departure from, Pakistan) counts as a whole day of such presence;
• the following days in which an individual is wholly or partly present in Pakistan count
as a whole day of such presence, namely:
a day that the individual’s activity in Pakistan is interrupted because of a strike, lock-out
or delay in receipt of supplies;
or a holiday spent by the individual in Pakistan before, during or after any activity in
Pakistan; and
Resident Company
it is incorporated or formed by or under any law in force in Pakistan the control and
management of its affairs is situated wholly in Pakistan at any time in the year;
An association of persons shall be a resident association of persons for a tax year if the
control and management of the affairs of the association is situated wholly or partly in
Pakistan at any time in the year.
Under the Normal Tax Regime (NTR) tax is levied on net income basis, meaning a
taxpayer's total income is reduced by allowable deductions and tax credits before
applying the relevant tax rates. This regime allows for loss adjustments, deductions
for expenses, and refunds if advance tax paid exceeds the assessed liability. The tax
is calculated based on progressive rates as outlined in the First Schedule of the
ordinance.
Definition: This regime applies to certain types of income, where specific tax rates
are applied and various expenses related to earning that income can be deducted.
Expense Deductibility: Under this regime, taxpayers are allowed to deduct relevant
expenses from their income. For example, if you have income from the disposal of
securities or immovable assets (capital assets), you can subtract related expenses to
determine your net taxable income.
Losses: Losses can arise and are generally considered under this regime. For instance,
if you incur a loss from the sale of securities or capital assets, this loss can be carried
forward or adjusted against future gains from similar sources.
The final tax payable is not reduced by any tax credit allowed (foreign tax credit or tax
credits on donations, investments etc.)
The liability of the recipient of such income is discharged to the extent that:
(a) In the case of shipping and air transport income, the tax is paid in accordance with
relevant sections of the Ordinance; or
(b) In any other case, the final tax payable has been deducted at source.
Definition: This regime applies to certain types of income where the tax paid is
considered final, and no further deductions or adjustments are allowed.
Expense Deductibility: Under FTR, expenses related to earning the income cannot
be deducted.
Tax Credits: Tax credits are also not allowed under this regime. This means that even
if you qualify for tax credits, they cannot be applied to reduce the tax liability for
income falling under FTR.
Income Classification: Income under FTR does not fall under any specific heads of
income. Instead, it is included in the total income solely to calculate the total income.
After calculating the total income, the amount of FTR income is then subtracted from
the total income to apply separate tax rates.
Losses: Losses are not considered under FTR. If losses are incurred from sources of
income taxed under FTR, they cannot be used to offset other income or be carried
forward.
Examples: Examples include dividends, lottery winnings, prize bond winnings, and
profit from profit and loss accounts.
Under the Minimum Tax Regime tax that has already been deducted at the source is treated
as the minimum tax. This amount is then compared with the tax liability under the Normal
Tax Regime:
If the tax liability under the Normal Tax Regime is higher than the tax already
deducted, the taxpayer must pay the difference.
If the tax already deducted is higher than the liability under the Normal Tax Regime,
then the deducted tax is considered final, and no additional tax is required.
Some types of income are always subject to minimum tax, ensuring that taxpayers
contribute a certain amount regardless of their total earnings. These include:
the person shall pay as income tax for the tax year (instead of the
actual tax payable under this Ordinance), minimum tax ranging from
0.2% to 1.25% for different categories of Persons;
where minimum tax paid exceeds the actual tax payable under Part I, clause
(1) of Division I or Division II of the First Schedule, the excess amount of tax
paid shall be carried forward for adjustment against tax liability under the
mentioned Part of the subsequent tax year. Given that the amount under this
clause shall be carried forward and adjusted against tax liability for three tax
years immediately succeeding the tax year for which the amount was paid.
Provided that if minimum tax is paid due to the fact that no tax is payable or
paid for the year (due to taxable loss etc.), the entire amount of minimum tax
paid shall be carried forward for three years.
Turnover means,-
(a) the gross sales or gross receipts, exclusive of Sales Tax and Federal Excise
duty or any trade discounts shown on invoices, or bills, derived from the sale
of goods, and also excluding any amount taken as deemed income and is
assessed as final discharge of the tax liability for which tax is already paid or
payable;
(b) the gross fees for the rendering of services for giving benefits including
commissions; except covered by final discharge of tax liability for which tax is
separately paid or payable;
(c) the gross receipts from the execution of contracts; except covered by final
discharge of tax liability for which tax is separately paid or payable;
(d) and the company‘s share of the amounts stated above of any association of
persons of which the company is a member.
Woman enterprise means a start-up established on or after first day of July 2021 as
sole proprietorship concern owned by a woman or an AOP all of whose members
are women or a company whose 100% shareholding is held or owned by women.
Tax payable by women enterprise on profits and gains derived from business
chargeable to tax under the head income from business shall be reduced by 25%,
However, this benefit will not be available to business that is formed by the transfer or
reconstitution or splitting up of an existing business.
Apportionment of Deductions
This concept implies that an expenditure, deduction and allowance 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:
(ii) derivation of taxable income and any class of income subject to Final Tax
Regime.
(iii) the derivation of income chargeable to tax under any head of income and to some
other purpose
Amount of expense x Gross receipts for the class of income Gross receipts
for all class of income Note: Gross receipts means net off receipts or turnover
of sales tax of FED paid
❑ Where in case of certain transaction the net gain, brokerage, commission and other
income is taken as turnover, then the gross profit from business shall be taken as gross
receipts for the purpose of apportionment of expenditures.
❑ For the purpose of these rules a person may have following classes of incomes:
Pakistan source incomes as well as Foreign source income further classified as:
Salary
Income from property
Income from business – Non-speculation
Income from business – speculation
Capital gains
Income from other source
Income chargeable to tax as separate block
Income exempt from tax e.g. agriculture income
Income chargeable to tax under final tax regime.
Chapter 5- Salary
Salary means any amount received by an employee from any employment, whether
of a revenue or capital nature, and includes:
any pay, wages or other remuneration including leave pay, overtime, bonus,
commission, fees, gratuity, work condition supplements (such as for the un-
pleasant or dangerous working conditions):
any perquisite whether convertible into money or not; any allowance provided
to employee including cost of living, rent, utilities, education, entertainment,
travelling etc. excluding allowance solely expended in the performance of
duties of employment;
Note: Any allowance solely expended in the performance of employee’s duty does
not include:
(a) allowance which is paid in monthly salary on fixed basis or percentage of salary;
or
Note: A salaried taxpayer means a taxpayer whose salary income constitutes more
than 75% of his taxable income.
Termination of employment
If an employee has received compensation on the termination of employment,
the employee may, by notice to Commissioner, elect for the amount to be
taxed at the rate computed as:
Total tax paid or payable for three preceding tax years / Total taxable income
for three preceding tax years x 100
The option should be exercised by the due date of furnishing return of
income.
Relief where salary is received in arrears
In case where employee is receiving accrued salary and is expected to be
charged at rate higher than the rate which would have been charged if the
amount was received in its relevant tax year, the employee may by a notice to
the Commissioner elect for tax rate applicable in the tax year in which such
salary was earned.
The above option shall be exercised by the due date for furnishing employee’s
return of income for the tax year in which the amount was received or at later
date as may be extended by the Commissioner.
Perquisites
The term ‘perquisites’ may be defined as the benefits provided, fee or profit attached
to an office or position in addition to salary or wages. Perquisite may be cash (such as
utility) or in kind (such as accommodation or motor vehicle provided by the employer
to an employee).
Conveyance
Partly for personal and official use If owned: 5% of the cost of vehicle to
the employer; or
Accommodation
• Amount that would have been paid in case if such accommodation was not
provided; and
• 45% of the minimum of time scale (MTS) of the basic salary or the basic salary if
there is no MTS.
• Where house rent allowance is admissible @ 30%, the value taken for the purpose
shall be an amount not less than 30% of minimum of the time scale of basic salary or
the basic salary where there is no time scale
Note: Minimum of time scale is the amount from where the salary scale of a
particular employee starts e.g. (4,900-800-8,500) means salary of the employee starts
with Rs. 4,900 with increment of Rs. 800 per annum etc. subject to maximum
increased salary up to Rs. 8,500.
Gratuity
Gratuity received from approved gratuity fund is fully exempt. Gratuity
received from approved scheme and unapproved fund or scheme is exempt
up to the following limits:
16% interest
rate on
accumulated
balance; or
1/3rd of
(basic salary
+ dearness
allowance)
Salary for the purpose of provident fund includes basic salary + dearness
allowance. All other allowances are excluded.
There is no treatment of employee contribution as the amount is paid from
salary and the same is already included in his salary.
Benevolent Fund
Any benevolent grant paid from a Benevolent Fund to employees or
members of their families in accordance with the provisions of the Central
Employee Benevolent Fund and Group Insurance Act, 1969 is exempt from
tax.
Other benefits
Consideration paid for the grant of right or option to acquire shares (xxx)
❑ If the shares issued to an employee under an employee share scheme, are subject
to a restriction on transfer, no amount shall be chargeable to tax until the earlier of the
time the employee:
Fair market value of shares at the time the employee has free right to transfer or
dispose of the shares xxx
Any consideration paid for grant of right or option to acquire the shares (xxx)
Taxable salary xxx
Cost of shares
After an amount has been charged to tax under the head salary the cost of shares
acquired under the employees share scheme, shall be computed in the following
manner: