Withholding in Tax Ordinance
Withholding in Tax Ordinance
Withholding in Tax Ordinance
INDEX
27. Required statements u/s 139 to 143A & penal action - 35-36
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INTRODUCTION
2. Withholding taxes have generally been in the nature of advance tax payments
and considered as an effective mechanism for income tax collection. Traditionally, these represented,
more or less, ad-hoc deduction at the point of accrual of income with subsequent adjustment at the time
of filing of returns of income from all sources. These were first introduced in late sixties. Since then
there has been growing emphasis on expanding the withholding tax net as a major source of income tax
collection. In 1979, there were only seven kinds of payments/transactions subject to withholding taxes,
which increased upto nineteen in 1994-95 and twenty five in 1999-2000 (including tax on bonus shares
which remains dormant).
5. Although every effort has been made to provide the basic information regarding
withholding taxes, which is simple and understandable, there may be situations where elaborate
information is required. In such cases the user is advised to contact the nearest Income Tax Office or the
Director General, Tax Withholding, Central Board of Revenue, (Direct Taxes Wing) Islamabad to clear
the concept.
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For the convenience of the users, an illustrative list of authorities, alongwith the
relevant sub-sections with which they are usually concerned, is given below against their names.
However, the list is not exhaustive, as some other authorities are also required to act under section 50.
Similarly, various other sub-sections, not enumerated below, might also be attracted. It is advised that
the users must go through the whole of this publication for proper guidance and knowledge.
3. Registered Firms with paid up capital of Rs. 1.0 50(1), 50(3), 50(3A), 50(4),
million and above. 50(4A), 50(7B).
Federal & Provincial Governments, their allied 50(1), 50(2), 50(40, 50(4A),
6. Departments and Corporations. 50(5B), 50(7A), 50(7B).
Section : 50(1)
Taxability : Adjustable
i) RESIDENTS
Prescribed period for payments of tax deducted to the credit of the Federal Government.
ii) Within one week by others (except where quarterly payments are allowed by the Deputy
Commissioner of Income Tax), under rule 50.
INTEREST ON SECURITIES
Section : 50(2)
i) ALL RESIDENTS
b) Special Rates
On FIBs, reinvestment
of KDCs and redeposit
of KD accounts, and schemes 10% NIL
of National Savings
Exemption
The receipts arising in the accounts of the special purpose vehicle for the purpose of securitization till
the process of securitization.
Prescribed Period for payment of tax deducted to the credit of the Federal Government.
ii) Within one week of tax deduction, by others under rule 50.
Section : 50(2A)
Circumstances requiring deduction: At the time, credit is made to the account of recipient or
at the time of payment thereof, whichever is earlier.
Exemption limit : NIL
Prescribed period for payment of tax deducted to the credit of the Federal Government.
Section : 50(2B)
PERSONS EXEMPT
i) Federal and Provincial Governments and their departments.
ii) Statutory bodies.
iii) Universities.
iv) Approved charitable institutions.
v) Industrial undertakings and institutions exempt under the Second Schedule to the Income
Tax Ordinance, 1979.
vi) Listed public limited companies.
vii) Foreign diplomats and foreign diplomatic missions in Pakistan.
viii) Intra-company financial transactions i.e. between branches and offices of the same
company.
ix) A drawer who furnishes a specified statement, interalia, showing payer's N.T.N.
Prescribed period for payment of tax deducted to the credit of the Federal Government.
- Within one week of tax deduction, under rule 50.
In case of delay and default additional tax is chargeable @ 24% per annum.
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Circumstances requiring
deduction : At the time of making payments to non-residents.
Exemption limit : NIL
TAX DEDUCTION RATE TAXABILITY
i) 15% in case of payments on Final
account of royalty.
Note
1. Section 50(3) does not apply to any payment made to a branch in Pakistan of a non-resident
banking company or an insurance company.
2. Where a person claims to be an agent of a non-resident he shall, before making any payment
to such non-resident, file a declaration to that effect with the concerned Deputy
Commissioner of Income Tax.
3. Where a person intends not to deduct tax from any payment other than: -
i) payment on account of imports of goods where title of ownership is transferred
outside Pakistan ; or
ii) payment on account of educational and medical expenses remitted in accordance
with the regulations of State Bank of Pakistan, for the reason that it is not
chargeable to tax under this Ordinance, he shall furnish the particulars of such
non-resident and the nature and quantum of such payment to the Deputy
Commissioner at the time of making the payment.
Prescribed period for payment of tax deducted to the credit of the Federal Government.
i) On the same day, by the government departments, under rule 49.
ii) Within one week of tax deduction, by others, under rule 50.
In case of delay or default additional tax is chargeable @ 24% per annum.
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Section : 50(3A)
Where the Deputy Commissioner of Income Tax issues a certificate that the recipient is liable to pay tax
at a rate which is lower than 15% under a treaty or convention for avoidance of double taxation, the tax
shall be deducted at such lower rate.
Prescribed period for payment of tax deducted to the credit of the Federal Government.
Section : 50(4)
ii) Non-residents.
- Execution of turn-key Final discharge of
contracts. 8% liability u/s 80C.
- Execution of contract s
or sub-contracts for
designing, supply of
plant and equipment
and construction of
power projects other
than hydel power
projects and trans- Final discharge of
mission line projects. 4% liability u/s 80C.
Execution of contract or
sub-contracts for design -
ing, supply of plant and
equipment and construction Final discharge of
of hydel power projects 5% liability u/s 80C.
- execution of contract
other than contracts
for supply of goods
and services.
Where the value of
contract does not
exceed thirty million
rupees. 5% Final discharge of
liability u/s 80C.
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NOTES:
1) Deductions are not required to be made in respect of persons receiving payments not
exceeding Rs. 25,000/- in case of supply of goods and Rs.10,000/- in case of services
rendered or execution of contract, in a financial year. However, if such payments exceed the
above monetary limits during a financial year then tax shall also be deductible on all such
payments made earlier dur ing the same financial year, from which no deduction of tax was
made.
2) DEFINITION OF SUPPLY
"Supply of goods" includes both cash and credit purchases of goods by the payer, whether
under a contract or not, on credit or in cash.
Exporters making payments on account of supply of goods produced for export sales except
where payments are in respect of supplies of cotton lint, raw wool, rice, cotton seed oil, raw
hides and skins or any other goods in respect of which special rates of tax deduction have
been specified by the CBR. In case local sales constitute only 5% of export sales, non-
deduction of tax in respect of goods not exported, would not make an exporter liable to pay
the withholding tax.
Payments against purchase of asset under lease and buy back agreement by modaraba or
leasing company shall not be subject to withholding tax under this sub-section.
With effect from July 01, 1998 manufacturers who opt for the presumptive tax regime must
file the declaration of their option within three months of the commencement of the income
year. Such declaration would be valid and also irrevocable for three years.
6) Persons who are manufacturer cum exporters are exempt from the obligation u/s 50(4) of tax
withholding.
Prescribed period for payment of tax deducted to the credit of the Federal Government.
i) Same day, by government departments, under rule 49.
ii) Within one week of tax deduction, by others under rule 50.
In case of delay or default additional tax is chargeable @ 24% per annum.
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BROKERAGE OR COMMISSION
Section :
50(4A)
Prescribed period for payment of tax deducted to the credit of the Federal Government.
IMPORT OF GOODS
Section : 50(5)
Circumstances requiring
collection : Clearance of imported goods.
Exemption limit : NIL
TAX COLLECTION RATE TAXABILITY
The Regional Commissioner of Income Tax is authorized to issue certificate for reduction of
rate up to 100% in case of import of raw materials by a manufacturer exclusively for its own
use.
Prescribed period for payment of tax deducted to the credit of the Federal Government.
Section : 50(5A)
Prescribed period for payment of tax deducted to the credit of the Fede ral Government.
Section : 50(5AA)
Prescribed period for payment of tax deducted to the credit of the Federal Government.
Section : 50(5AAA)
Prescribed period for payment of tax deducted to the credit of the Federal Government.
- Same day of tax collection, under rule 49.
In case of delay or default additional tax is chargeable @ 24% per annum.
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BEARER CERTIFICATES
Section : 50(5B)
Circumstances requiring
deduction : Upon encashment.
MOTOR VEHICLES
Section : 50(6)
Taxability : Adjustable.
1. Goods transport for vehicles falling under the category at Para I(b) above after ten years for
the date of first registration.
2. Persons who produce a certificate from the Commissioner of Income Tax that
their income is exempt from income tax.
Prescribed period for payment of tax deducted to the credit of the Federal Government.
- On the same day of tax collection, under rule 49.
In case of delay or default additional tax is chargeable @ 24% per annum.
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DIVIDENDS
Section : 50(6A)
- 10% of the gross amount of the Final discharge of tax liability u/s
dividend paid to a shareholder 80B for individuals, un-registered
(not being a company). Firms, Association of persons, HUFs and
artificial juridical persons.
Persons who produce a certificate from Commissioner of Income Tax that the recipient's income during
the income year is exempt from tax.
Prescribed period for payment of tax deducted to the credit of the Federal Gove rnment.
Section : 50(7A)
Prescribed period for payment of tax deducted to the credit of the Federal Government.
i) By Government departments, on the same day, under rule 49.
ii) By others, within one week of tax deduction, under rule 50.
In case of delay or default additional tax is chargeable @ 24% per annum.
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Section : 50(7B)
Prescribed period for payment of tax deducted to the credit of the Federal Government.
i) On the same day of deduction, by Government departments under rule 49.
ii) Within one week of tax deduction, by others under rule 50.
In case of delay or default additional tax is chargeable @ 24% per annum.
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CONSTRUCTION OF BUILDINGS
Section : 50(7BB)
Note: The provision under this section are attracted to the buildings other than residential house
located on plots exceeding 500 sq. yds. in Islamabad, Lahore and Karachi and exceeding
1000 sq.yds. at other places.
i) Government Department.
ii) Agencies and offices of the Government the income of which is not liable to tax.
iii) Any institution, organization, foundation, society, board, trust or fund, which is not liable to
tax and certificate to that effect from Commissioner of Income Tax is produced.
Prescribed period for payment of tax deducted to the credit of the Federal Government.
i) By Government departments, on the same day of deduction, under rule 49.
ii) By others, within one week of tax collection, under rule 50.
In case of delay or default additional tax is chargeable @ 24% per annum.
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PRIZES OR WINNINGS
Section : 50(7C)
Prescribed period for payment of tax deducted to the credit of the Federal Government.
Section : 50(7D)
10% of the gross amount. Final discharge of liability u/s 80-B for
assessees other than registered firms and
companies.
The recipient who produces a certificate from the Commissioner of Income Tax that the
income of the recipient is exempt from tax.
Prescribed period for payment of tax deducted to the credit of the Federal Government.
Section : 50(7E)
Taxability : Adjustable.
i) Commercial Consumer
CONSUMERS EXEMPT.
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i) Federal and Provincial Government Offices and other Government Agencies, Local
Authorities and Embassies.
ii) The consumer who produces a certificate from the Commissioner of Income Tax that the
income of the consumer is exempt from tax.
Prescribed period for payment of tax deducted to the credit of the Federal Government.
Section : 50(7F)
Circumstances requiring charge of tax : At the time of preparing telephone bills and
issuance (or sale) of prepaid phone cards.
Taxability : Adjustable.
Section : 50(7G)
Nature of payments/transaction : Gas bills of commercial or
Industrial consumers.
Responsibility for charging tax : Gas supply company.
Circumstances requiring charge of tax : At the time of preparing gas consumption
bills in respect of any industrial or
commercial consumer.
Taxability : Adjustable
Commercial consumer
Where gas bill does not exceed Rs.2,500/- Nil
Industrial Consumer
Where gas bill does not Nil
exceed Rs. 2500/-
Prescribed period for payment of tax deducted to the credit of the Federal Government.
Within one week of the tax deduction, under rule 50.In case of delay or default additional tax is
chargeable @ 24% per annum.
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Section 50(7H)
Nature of payment/Transaction: Sale of petroleum products made by oil
marketing companies to petrol pump operators
on the value of their commission or discount
Responsibility for tax deduction Person responsible for making sale of petroleum
products.
Prescribed period for payment of tax deducted to the credit of the Federal Government.