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Taxation CAF 2 summary

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SALARY
-
Taxable on receipt basis
MEDICAL ALLOWANCE
Medical Treatment Policy
Yes
No
Yes
Cash Allowance
No
Yes
Yes
No but allowed as special
case
Yes
Treatment
Medical Treatment fully exempt
Cash allowance exempt up to 10% of Basic Salary
Medical Treatment fully exempt
Cash allowance fully taxable
Medical Treatment taxable
Cash allowance exempt up to 10% of Basic Salary
MOTOR VEHICLE
Business Use
Exempt
Personal Use
10 % of cost
Partly Personal Partly Business
5% of cost
RENT FREE ACCOMODATION
Higher of
A) Allowance that would be given if accommodation not taken
B) 45% of Basic Salary
PROVIDENT FUND
Event
Employee’s Contribution
Employer’s Contribution
Interest credited on acc. Balance
Payment of accumulated balance
on retirement/ resignation
PENSION
Exempt from tax
Treatment
Deduction not allowed under Salary
Taxable but exempt up to lower of
A) 150,000
B) 10 % of Basic Salary
Taxable but exempt up to higher of
A) 1/3rd of salary
B) 16% of acc. Balance
All receipts are fully exempt
GRATUITY
Type
Gratuity Fund Payment to Employee
Gratuity Scheme (Approved by FBR)
Gratuity Scheme ( Unapproved by FBR)
Treatment
Completely exempt
Exempt up to 300,000
Exempt up to lower of
A) 75000
B) 50% of gratuity amount
GOLDEN HANDSHAKE
Amount to be taxed at the rate computed in accordance with the following formula, namely: — A/B%
Where —
A
is the total tax paid or payable by the employee on the employee’s total taxable income for the
three preceding tax years; and
B
is the employee’s total taxable income for the three preceding tax years
EMPLOYEE SHARE SCHEME
Event
Receipt of option to acquire shares
Exercising the option and/or receiving
shares without restriction.
Exercising the option and/or receiving
shares with restriction.
Treatment
Not a taxable event
Market Value on date of receiving shares reduced by any cost
paid in respect of the option or the share.
Market Value on the date where restriction ends as reduced by
any cost paid respect of the option or the share.
LOAN TO EMPLOYEE
Benefit is taxable
Situation
Interest Free Loan
Interest @ X% (X less than 10%)
Interest @ X% (X more than 10%)
Not applied on
Treatment
10% of loan amount
(10% - X%) of loan amount
Not a taxable event as no benefit
A) where loan amount is less than 1 million
B) Such benefit arising to an employee due to waiver of interest by such
employee on his account with the employer
Income From Property
-
Taxable on accrual basis
What constitutes RENT?
A) Rent
B) Non-Adjustable profit – charged over 10 years
Where NAD is returned to an outgoing tenant, the already charged NAD is deducted from the new NAD
received from the incoming tenant and then charged over 10 years.
C) Forfeited deposit on sale/purchase of property
Deductions Allowed
1) Repairs Allowance - 1/5th of RENT
2) Insurance Premium
3) Tax – water tax, property tax
4) Interest on loan – loan must be in relation to acquire, construct, renovate or reconstruct the property
5) Mortgage Charge
6) Admin and rent collection chargers – lower of (A) actual expense (B) 4% of gross rent
7) Legal fees - lawyers
8) Bad debts – unrecoverable rent subject to conditions
(A) Tenant has vacated the property
(B) Legal proceedings have started against the person not paying rent
Income From Business
-
Profit and Loss account as per tax laws – specific purpose framework
Allowed Deductions
A deduction shall be allowed for any expenditure incurred by the person in the year wholly and
exclusively for the purposes of business.
Deductions Not Allowed
1) Tax on profits - income tax not allowed as deduction
2) Withholding tax
3) Any expense on which withholding tax has not been held back
4) Entertainment Expense – within the premises expenses are allowed for employees and customers.
For foreign customers expenses outside the premises are also allowed.
5) Contribution made to provident fund (approved) will be allowed only up to 50% of the amount
6) Any fine or penalty – health regulations or safety regulations
7) Personal expenditure of the owner – employees expense are allowed
8) Any amount carried to reserve
9) Any amount paid by AOP to members of association
10) Where the account head total for an expense exceeds 250,000 and the payment is not done through
banking channel, the expense will not be allowed
This does not apply to (A) expenditures not exceeding 25000 and (B) expenses for utility/ freight/ travel/
postage
11) Salary or more than 25000 per month paid other than banking channel
Depreciation
1) Reducing Balance Method for depreciation calculation:
Rates
Building
10%
Furniture Fitting, Plant and Machinery & Motor Vehicles
15%
Computer Equipment used for IT products
30%
2) Full year depreciation in the year of acquisition – no monthly working
3) No depreciation in the year of disposal
4) Gain/Loss on disposal goes to Profit & Loss Account.
5) Where an asset is used for both personal and business use only business use depreciation will be
allowed as deduction.
6) When calculating gain/loss on such asset which was used for both personal and business use, add
back the depreciation which was earlier not allowed.
7) For the computation of WDV, the whole depreciation is deducted (both allowed and not allowed) and
then computation is done for next year.
7) Initial Allowance – Rate is 25% – only in 1st year – it is fully available regardless of personal/business
use %.
Allowed only for eligible depreciable asset
A) Road Transport Vehicle
Plying for Hire – I.A can be claimed, no restriction of cost to 7.5 million
Not plying for hire – I.A cannot be claimed, restriction of cost to 7.5 million is mandatory.
(where such an asset is disposed, the consideration at the time of disposal will also be
restricted) (consideration x restricted value/actual value)
B) Plant and Machinery not used in Pakistan
C) Computer and IT Equipment
Intangible Assets
Amortization – straight line method
On useful life, if useful life not ascertainable then 25 years.
Based on number of days used.
Pre-commencement Expenditure
Amortize 20% per year for 5 years.
Association of Persons (AOP)
1) Partnerships are separately taxable
2) Share or profit that the partners get from AOP is exempt from tax, however, this exempt income will
be added to the taxable income to find out the rate of tax (only for purpose of finding the tax rate). Tax
to be calculated using the rate and then find the avg. rate of tax. This avg. rate would then be applied on
the actual taxable income (without the exempt income).
Capital Gain
Gain on Capital Asset
Capital asset is any property of any kind, held by a person whether or not connected with a business
except
A) inventory, consumable stores etc
B) any property where the person gets depreciation of amortization deduction
C) any movable property held for personal use other than those mentioned in 38(5)
38 (5) includes:
i)
Painting, sculpture, drawing or any other work or art
ii)
Jewelry
iii)
Rare manuscript
iv)
Postage stamp
v)
Coin or medallion
vi)
Antique
Gain on Immovable Property
Taxed as separate block of income - Separates rates given in 1 st schedule
Gain on Disposal of Securities
Listed securities (public company)
Separate Block of income – separate rates
Not listed (Private or public company)
Normal Rate of Tax
PUBLIC COMPANY
Stock exchange of Pakistan
Separate Block of Income
New York Stock Exchange
Normal Rate
Income From Other Sources
1) Any income not part of any other head of income is classified as Income from other source. Expenses
are allowed to be deduced from IFOS including tax depreciation and initial allowance.
2) Dividend – no expense against dividend income
7.5%
Power generation company – HUBCO/CAPCO
25%
where company is not paying taxes – example: export processing zones
15%
all others (example: listed company)
Dividend amount received should be grossed up.
3) Royalty – patent expense allowed. For authors, laptop etc.
4) Profit on Debt – taxable @ 15% as separate block if it is less than 5 million,
If more than 5 million then normal rate of taxation.
5) Rent from sub-lease of land or building
6) Rent of building with plant and machinery
7) Prize on Prize bond or cross word puzzle – 15%
8) Other prizes such as lottery, raffle, winning a quiz – 20%
9) Where a tenant gets compensation for vacating a property, that amount as reduced by anything paid
earlier is charged under IFOS over period of 10 years. (Amount/10)
Deductible Allowance
Zakat
Only zakat which is paid to central zakat fund is allowed as deduction.
Zakat paid to any relative or other person is not allowed as deduction
Education Expense
Only allowed if income is less than 1.5 million.
Deduction allowed lower of
A
5% of tuition fee paid
B
25% of taxable income
C
60000 x # of children
Tax Credits
Charitable Donation
Donation paid to approved organization either in cash or in kind (FMV)
Avg. Rate of Tax * X
Where X is lower of
A
actual donation given
B
30% of taxable income in case of individual or AOP
20% of taxable income in case of company
Private Pension Funds
Only applicable when income derived under the head salary or income from business
Avg. Rate of Tax * X
Where X is lower of
A
actual premium/ contribution given
B
20% of taxable income
Sales Tax
-
18% - This is not a tax on business. It is paid by consumers.
Output Tax – Sales
Input Tax – Purchases
Taxable Supply
a) Normal Rate/Standard Rate – 18% - input tax adjustable
b) Zero Rate – 0 % - all exports are zero rated – input tax refund
Exempt Supplies
No charge of sales tax - Input tax is not admissible
Who will collect Sales Tax? Those who are registered persons.
What happens when not registered? Not allowed to adjust input tax against output tax. Adjustment
only allowed to a registered person.
Adjustment
When adjusting input tax, the maximum amount that would be allowed would be 90% of the Output
Tax.
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