Tax credit for certain individuals (Section 100C)
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Tax credit for certain individuals (Section 100C)
A non profit organization, trust, or welfare institutions shall be allowed tax credit equal to 100% of its tax payable including minimum taxes and final taxes if following conditions are met:
- A return of income has been filed;
- Tax required to be deducted and paid has been duly deducted and paid thereon;
- Withholding statements for preceding periods have been duly filed;
- The admin expenses are not more than 15% of total receipts subject to following;
a) Activities of non profit organization have commenced for the first time within last 3 years;
b) Total receipts for tax year are less than Rs. 100 Million
Exception
Following surplus income of the non profit organization shall be taxed at 10%:
- Not spent on charitable activities during the tax year;
- Received as donations, contributions, subscription and other income;
- Are more than 25% of total receipts during the tax year; and
- Are not part of “restricted funds” i.e. any fund received by the organization but could not be spent and treated as revenue during the year due to any obligation placed by the donor
Criteria for eligibility
- Any income of a trust or welfare institution or non-profit organization from donations, voluntary contributions, subscriptions, house property, investments in the securities of the Federal Government and so much of the income chargeable under the head "income from business"
Provided that in the case of income under the head "income from business", the exemption in respect of income under the said head shall not exceed an amount which bears to the income, under the said head, the same proportion as the said amount bears to the aggregate of the incomes from the aforesaid sources of income;
- a trust administered under a scheme approved by the Federal Government in this behalf and established in Pakistan exclusively for the purposes of carrying out such activities as are for the benefit and welfare of—
(i) ex-servicemen and serving personnel, including civilian employees of the Armed Forces, and their dependents; or
(ii) ii) ex-employees and serving personnel of the Federal Government or a Provincial Government and their dependents, where the said trust is administered by a committee nominated by the Federal Government or, as the case may be, a Provincial Government;
- is approved by Chief Commissioner;
- income of a university or other educational institution being run by a non-profit organization existing solely for educational purposes and not for purposes of profit;
- any income which is derived from investments in securities of the Federal Government, profit on debt from scheduled banks 2[and microfinance banks], grant received from Federal Government or Provincial Government or District Governments, foreign grants and house property held under trust or other legal obligations wholly, or in part only, for religious or charitable purposes and is actually applied or finally set apart for application thereto:
- Provided that nothing in this clause shall apply to so much of the income as is not expended within Pakistan:
- Provided further that if any sum out of the amount so set apart is expended outside Pakistan, it shall be included in the total income of the tax year in which it is so expended or of the year in which it was set apart, whichever is the greater, and the provisions of section 122 shall not apply to any assessment made or to be made in pursuance of this proviso.
Explanation.— Notwithstanding anything contained in the Mussalman Wakf Validating Act, 1913 (VI of 1913), or any other law for the time being in force or in the instrument relating to the trust or the institution, if any amount is set apart, expended or disbursed for the maintenance and support wholly or partially of the family, children or descendents of the author of the trust or the donor or, the maker of the institution or for his own maintenance and support during his life time or payment to himself or his family, children, relations or descendents or for the payment of his or their debts out of the income from house property dedicated, or if any expenditure is made other than for charitable purposes, in each case such expenditure, provision, setting apart, payment or disbursement shall not be deemed, for the purposes of this clause, to be for religious or charitable purposes; or
- any income of a religious or charitable institution derived from voluntary contributions applicable solely to religious or charitable purposes of the institution:
Provided that nothing contained in this clause shall apply to the income of a private religious trust which does not ensure for the benefit of the public.
Index of Tax Credits
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