Taxation

~~with focus on tax education~~

Sectoin 101 - Geographical Source of Income

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All incomes, which are chargeable to tax under Income Tax Ordinance, 2001 may broadly be classified into the following two categorize:
  1. Pakistan Source Income
  2. Foreign Source Income (that is not Pakistan Source income )
Status wise Taxable income:

Resident: Both Pakistan Source Income and Foreign Source income are Taxable
Non-Resident: Pakistan Source Income is Taxable only.

Head wise detail of Pakistan Source Income is as follows;

Salary:
  • Received from any employment exercised in Pakistan, wherever Paid.
  • Paid by or on behalf of the Fed. Govt., Provincial Govt. or local Govt. in Pakistan wherever the employment is exercised
Business Income - Resident:
  • Income is derived from any business carried on in Pakistan
Business Income - Non Resident:

Income is directecly or indirectly attributable to -
  • Permanent establishment (PE) of non resident person in Pakistan
  • Sales in Pakistan of goods marchandise of the same or similar kind as those sold by the person through PE in Pakistan
  • Other business activities carried on in Pakistan of the same or similar kind as those effected by the non resident through a PE in Pakistan
  • Any business conncection in Pakistan
  • Any remuneration derived by a person where the remuneration is paid by the resident person or borne by the PE in Pakistan of non-resident person on account of independent services including
  1. Professional services
  2. Services of entertainers
  3. Services of sportsman
  • Gain from disposal of any asset or property used in driving business income referred above.


Dividend Income:
  • When it is paid by resident company
Capital Gain:
  • Any Gain arising on disposal of shares in a resident company
Rental Income:
  • If it is derived from
  1. the lease of immovable property or
  2. any interest in or over immovable property including right to explore or exploit natural resouces
  • Any Gain arising from
  1. From alienation of any property or right mentioned above
  2. From alienation of any share in a company the assets of which consist wholly or principally, directly or indirectly, of property or right mentioned above.
Profit / Royalty / Technical Fee:
  • If it is paid by resident person except Where the profit / royalty / technical fee is payable in respect of any debt / right & property / services for the purpose of business carried on by resident outside Pakistan through a PE.
  • borne by PE in Pakistan of a non-resident person
Pension / Annuity:
  • If it is paid by resident or borne by PE in Pakistan of a non-resident person
Insurance / Reinsurance Premium:
  • If it is paid by insurance company to an overseas insurance / re insurance company
Any amount not covered above:
  • If it is paid by resident or borne by PE in Pakistan of a non-resident person

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Introduction to Taxation

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Constitution of Pakistan empowers Federal Government to Levy Tax (for the purpose of federation) through Act or Ordinance.

Act: is approved by the Parliament (eg: Sales Tax Act, 1990)

Ordinance: is promulgated by the President (eg: I.Tax ordinance, 2001)

Income Tax aims at two Roles:

1- Redistribution of wealth: (Through progressive taxation means higher level of income is subject to higher rate of tax)

2- Serve as an instrument of fiscal policy: (through granting exemptions to a particular class of income / person)

Scheme of the Income Tax Ordinance, 2001
  • Chapters (total number are 13 and each chapter deals with particular subject
  • Parts
  • Divisions
  • Section
  • Sub section
  • Clauses

Paper – C7: TAXATION - (Syllabus)

Income Tax
Marks
a. Basic concepts of taxation

15

b. Heads of income, Computation of income, Determination of tax liability
40
c. Types of persons and their taxation
10
d. Procedures and Administration
e. Income Tax Rules 2002
10
Sales Tax

Prescribe chapters of Sales Tax Act and Rules.
25
Total
100
* Indicative Grid but not final

(a) Source of Income Tax Law




1- Legislative Law (I Tax Ordin.)
2- Procedural Law (I Tax Rules)
3- Notification, Circulars issued by the board
4- Case Laws: Judgments of tribunal and courts.


(b) Purpose of Income Tax Law: In the society is
  • To levy and collect tax
  • On income of person and
  • Use it for the welfare purpose

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