Taxability of Banking Industry in Pakistan
The below discussion is based on the provisions of Income Tax Ordinance, 2001 only.
BANKING BUSINESS
Section 100A and Seventh Schedule of the Income Tax Ordinance, 2001 specify special provision relating to banking business. The relevant parts of the Ordinance are reproduced provisions relating below.
SPECIAL PROVISIONS RELATING TO BANKING BUSINESS [Section 100A]
- Subject to sub-section (2), the income, profits and gains of any banking company as defined in clause (7) of section 2 and tax payable thereon shall be computed in accordance with the rules in the Seventh Schedule.
- Subsectioon (1) shall apply to the profits and gains of the banking companies relevant to tax year 2009 and onwards.
THE SEVENTH SCHEDULE
(See section 100A)
RULES FOR THE COMPUTATION OF THE PROFITS AND GAINS OF A BANKING COMPANY AND TAX PAYABLE THEREON .
1.
Income, profits and gains of a banking company shall be taken to be the balance of the income, from all sources before tax, disclosed in the annual accounts required to be furnished to the State Bank of Pakistan subject to the following provisions, namely:-
- Deduction shall be allowed in respect of depreciation, initial allowance and amortization under sections 22, 23, and 24 provided that accounting depreciation, initial allowance or amortization deduction shall be added to the income. No allowance or deduction under this rule shall be admissible on assets given on finance lease.
- Section 21, sub-section (8) of section 22 and Part III of Chapter IV shall, mutatis mutandis, for computation of a banking company apply.
- Provisions for advances and off balance sheet items shall be allowed upto a maximum of 1 % of total advances; and provisions for advances and off-balance sheet items shall be allowed at 5% of total advances for consumers and small and medium enterprises (SMEs) (as defined under the State Bank Prudential Regulations)] provided a certificate from the external auditor is furnished by the banking company to the effect that such provisions are based upon and are in line with the Prudential Regulations. Provisioning in excess of 1% [of total advances for a banking company and 5% of total advances for consumers and small and medium enterprises (SMEs)] would be allowed to be carried over to succeeding years:
Provided that if provisioning is less than 1 % of advances, for a banking company then actual provisioning for the year shall be allowed:
Provided further that if provisioning is less than 5% of advances for consumers and small and medium enterprises (SMEs) then actual provisioning for the year shall be allowed and this provisioning shall be allowable from the first day of July, 2010.
- The amount of "bad debts" classified as "sub-standard" under the Prudential Regulations issued by the State Bank of Pakistan shall not be allowed as expense.
- Where any addition made under sub-rule (d) is reclassified by the taxpayer under the Prudential Regulations issued by the SBP, as 'doubtful' or 'loss' provision of sub-rule (c) shall mutatis mutandis apply m computing the provision for that tax year.
- Where any addition made under sub-rule(d) is reclassified by the taxpayer in a subsequent year as 'recoverable', a deduction shall be allowed in computing the income for that tax year.
- Adjustment made in the annual accounts, on account of application of international accounting standards 39 and 40 shall be excluded in arriving at taxable income:
Explanation- For the removal of doubt, it is clarified that nothing in this sub-rule shall be so construed as to allow a notional loss, or charge to tax any notional gain on any investment under any regulation or instruction unless all the events that determine such gain or loss have occurred and
the gain or loss can be determined with reasonable accuracy.
- An adjustment shall be made for exclusions from income on account of paragraph (g) for determining the cost of related item in the financial statement in the year of disposal of such item or asset or the discharge of the liability, as the case may be.
2.
- Where a deduction is allowed for any expenditure (other than on account of charge for irrecoverable debt) in the manner referred to in rule 1 and the liability or a part of the liability to which the deduction relates is not paid within three years of the end of the tax year in which the deduction was allowed, the unpaid amount of the liability shall be chargeable to tax under the head "Income from Business" in the first tax year following the end of three years.
- Where an unpaid liability is chargeable to tax as a result of the application of sub-rule (i) and such liability or a part thereof is subsequently paid, a deduction shall be allowed for the amount paid in the tax year in which the payment is made.
- Loss on sale of shares of listed companies, disposed of within one year of the date of acquisition, shall be adjustable against business income of the tax year. Where such loss is not fully set off against business income during the tax year, it shall be carried forward to the following tax year and set off against capital gain only. No loss shall be carried forward for more than six years immediately succeeding the tax year for which the loss was first computed.
3. Treatment for shariah compliant banking.-
(1) Any special treatment for 'Shariah. Compliant Banking' approved by the State Bank of Pakistan shall not be provided for any reduction or addition to income and tax liability for the said 'Shariah Compliant Banking' as computed in the manner laid down in this schedule.
(2) A statement, certified by the auditors of the bank, shall be attached to the return of income to disclose the comparative position of transaction as per lslamic mode of financing and as per normal accounting principles. Adjustment to the income of the company on this account shall be made according to the accounting income for purpose of this schedule.
4. Head office expenditure-
(1) In case of foreign banks head office expenditure shall be allowed as deduction as per the following formula, namely:-
Head office expenditure = ( A / B ) X C
Where-
A. is the gross receipts of permanent establishment in Pakistan;
B. is the world gross receipts; and
C. is the total Head Office expenditure.
(2) The head office expenditure shall have the meaning as given in sub-sections (3) and (4) of section 105.
(3) The head office expenditure shall only be allowed if it is charged in the books of accounts of the permanent establishment and a certificate from external auditors is provided to the effect that the claim of such expenditure:
- has been made in accordance with the provision of this rule; and
- is reasonable in relation to operation of the permanent establishment in Pakistan.
5. Advance tax-
(1) The banking company shall be required to pay advance tax for the year under section 147 in twelve equal installments payable by 15th of every month. Other provisions of section 147 shall apply as such.
(2) Provisions of withholding tax under this Ordinance shall not apply to a banking company as a recipient of the amount on which tax is deductible.
6. Tax on income computed-
lncome computed under this Schedule shall be chargeable to tax under the head "income from business" and tax payable thereon shall be computed at the rate applicable in Division II of Part I of the First Schedule.
Provided that where the shares of listed companies are disposed of within one year of the date of acquisition, the gain shall be taxed at the rate provided in Division II of Part I of the First Schedule:
Provided further that the "Dividend" received by a banking company from its asset management company shall be taxed at the rate of 20%
Provided also that the dividend received from Money Market Funds and lncome Funds shall be taxed at the rate of 25% for tax year 2013 and onwards.
6A. Omitted by the Finance Act, 2015.
6B. Omitted by the Finance Act, 2015.
7. Omitted by the Finance Act, 2008.
7A. The provisions of section 113 shall apply to banking companies as they apply to any other resident company.
7B. From tax year 2015 and onwards, income from Dividend and income from Capital Gains shall be. taxed at the rate specified in Division II of Part I of First Schedule
7C. For tax year 2015 and 2016, the provisions of section 4B shall apply to banking companies and shall be taxed at the rate specified in Division IIA of Part I of the First Schedule.
8. Exemptions-
- Exemptions and tax concessions under the Second Schedule to this Ordinance shall not apply to income of a banking company computed under this Schedule.
- The provisions relating to group relief as contained in section 59B shall be available to the banking companies provided the holding and subsidiary companies are banking companies. The accounts of the group companies shall be audited by the chartered accountants firm on the panel of auditors of the State Bank of Pakistan. The surrender and claim of loss would be subject to the approval of the State Bank of Pakistan.
- The holding and subsidiary companies of 100% owned group of banking companies may opt to be taxed as one fiscal unit as per the provisions of section 59AA relating to group taxation subject to the approval of the State Bank of Pakistan.
8A. Transitional provisions.-
- Amounts provided for in the tax year 2008 and prior to the said tax year for or against irrecoverable or doubtful advances, which were neither claimed not allowed as a tax deductible in any tax year, shall be allowed in the tax year in which such advances are actually written off against such provisions, in accordance with the provision of sections 29 and 29A.
- Amounts provided for in the tax year 2008 and prior to the said tax year for or against irrecoverable or doubtful advances, which were neither claimed not allowed as a tax deductible in any tax year which are written back in the tax year 2009 and therafter in any tax year and credited to the profit and loss account, shall be excluded in computing the total income of that tax year under rule 1 of this Schedule.
- The provisions of this Schedule shall not apply to any asset given or acquired on finance lease by a banking company up to the tax year 2008, and recognition of income and deductions in respect of such asset shall be dealt in accordance with the provisions of the Ordinance as if this Schedule has not come into force:
Provided that un-absorbed depreciation in respect of such assets shall be allowed to be set-off against the said lease rental income only.
9. Provision of Ordinance to apply- The provisions of the Ordinance not specifically dealt with in the aforesaid rules shall apply, mutatis mutandis, to the banking company.
10. The Federal Government may, from time to time, by notification in the official Gazette, amend the schedule so as to add any entry therein or modify or omit any entry therein.
CLICHED
Comments
Post a Comment