History of Tax in Pakistan
History of Tax in Pakistan
Many tax amnesty schemes were introduced under the Income Tax Ordinance, 1979. These
schemes were introduced to provide a chance to black money holders, so that they can change
their black money into white money. Latest scheme was introduced in the year 2002.
14) Promulgation of the Income Tax Ordinance, 2001:
After 22 years of the promulgation of the Income Tax Ordinance, 2001, to modernize the
taxation system, a government of Pakistan introduced a new income tax law namely, "The
Income Tax Ordinance, 2001" which was promulgated on September 13, 2001. It was published
in the Extraordinary Gazette of Pakistan at pages bearing Nos. 969 to 1217.
15) Short Title of the Income Tax Ordinance, 2001:
Under section 1, the Ordinance specifies that "The Income Tax Ordinance, 2001" shall be the
short title of the law.
16) Applicability of the Income Tax Ordinance, 2001:
Under section 1, the Ordinance specifies that the Income Tax Ordinance, 2001 shall extend to the
whole of Pakistan.
Ordinance, 2001 and any other law of the country, the provisions of the Income Tax Ordinance,
2001 shall prevail.
19) Purpose of the Income Tax Ordinance, 2001:
The preamble of the Ordinance specifies the object of law. It specifies that the Income Tax
Ordinance, 2001, is promulgated to consolidate and to amend law relating income tax and
provide for matters ancillary to and connected with the income tax.
20) Income Tax Rules, 2002:
The FBR under the authority of section 237 of the Income Tax Ordinance, 2001 made the
Income Tax rules, 2002. These rules were published on July1, 2002 in Extraordinary Gazette of
Pakistan at pages 1819 to 1966.
21) Finance Act, 2009:
To update the income tax law in Pakistan according to the requirements of time, different
methods of changes have been adopted by competent income tax authorities like S.R.O's and
Circulars etc. Finance Act is the regular source of change; it is presented in the month of June in
each year. Finance Act, 2009 is one step to continuance process of change.
Definition of Tax:
A tax (from the Latin taxo; "rate") is a financial charge or other levy imposed upon a taxpayer
(an individual or legal entity) by a state or the functional equivalent of a state such that failure to
pay is punishable by law.
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Taxes are also imposed by many administrative divisions. Taxes consist of direct or indirect taxes
and may be paid in money or as its labor equivalent.
Purposes of tax:
Money provided by taxation has been used by states and their functional
equivalents throughout history to carry out many functions.
Some of these include expenditures on war, the enforcement of law and
public order, protection of property, economic infrastructure (roads, legal
tender, enforcement of contracts, etc.), public works, social engineering,
subsidies, and the operation of government itself.
A nation's tax system is often a reflection of its communal values and/or the values of those in
power. To create a system of taxation, a nation must make choices regarding the distribution of
the tax burdenwho will pay taxes and how much they will payand how the taxes collected
will be spent.
In democratic nations where the public elects those in charge of establishing the tax system,
these choices reflect the type of community that the public wishes to create.
In countries where the public does not have a significant amount of influence over the system of
taxation, that system may be more of a reflection on the values of those in power.
Kinds of taxes:
The Organization for Economic Co-operation and Development (OECD) publishes an
analysis of tax systems of member countries. As part of such analysis, OECD
developed a definition and system of classification of internal taxes, generally
followed below. In addition, many countries impose taxes (tariffs) on the import of
goods
Income tax
Capital gains tax
Corporate tax
Taxes on property
Sales taxes
Other taxes
Taxes on goods and services
1.
Federal Board of Revenue" means the Federal Board of Revenue (FBR) established under the
Federal Board of Revenue Act, 2007.
The FBR may approve any institution engaged in scientific research in Pakistan
Scientific Research Institution so that such institution may claim its scientific
as
research
allowed to business.
3)
made to such company is allowed as deduction against income from business to that person who
makes such payment.
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where the expenditure relates to the derivation of more than one head of income.
7)
deductions
The FBR may permit person or class of persons to use special tax year instead
of
commercial organization (By delivering data collection and compilation responsibility to any
government or private department)
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CIT select a particular person to conduct audit of its income tax affairs during a particular tax
year.
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The scope of any audit conducted by firm of Chartered Accountants or Cost and
Management Accounts shall be determined by the FBR on a case to case basis.
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practitioners.
The FBR may, by notification in the Official Gazette, make rules for
the purposes of the Income Tax Ordinance, 2001.
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FBR.
carrying out
The FBR may delegate all or any of its powers and functions to any income tax
authority.
20)
The FBR may make rules u/s 237 for the procedure of taxation of any unexplained income or
asset of any person discovered by any income tax authority.
21)
The FBR supervises the functions, duties and jurisdiction of its subordinate authorities.
2.
Commissioner means a person appointed as a Commissioner of Income Tax (CIT) u/s 208, and
includes a Taxation Officer vested with all or any of the powers, and functions of the
Commissioner
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Income Tax Ordinance, 2001 also permits the delegation of work. If some work of
Commissioner is delegated to a Taxation Officer, such Taxation Officer may enjoy all powers of
the Commissioner.
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The Commissioner may charge to tax the value of any unexplained income or
asset and determine the value if it has been declared less than the fair market
value (FMV).
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Delegation of powers:
The Commissioner may delegate to any Taxation Officer all or any of its powers
or functions, other than the powers of delegation.
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The Commissioner may appoint any expert for the purposes of audit or valuation
etc.
29)
Recognition of funds:
The Commissioner may recognize the provident fund, superannuation fund and
gratuity fund etc. under the Income Tax Ordinance, 2001.
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3.
Appointment
Chief Commissioner is appointed by the federal board of revenue. He is appointed for a specific
area known as region
Subordination
Commissioner Inland Revenue additional Commissioner Inland Revenue, deputy commissioner
Inland Revenue, assistant commissioner inland revenue and other other taxation officers are
subordinate to the commissioner Inland Revenue.
Jurisdiction
The jurisdiction of the chief commissioner inland revenue is decided by federal board of
revenue.
2. Decision of jurisdiction
If any dispute arises regarding the jurisdiction of two Commissioners
within same region, it is decided by the Chief Commissioner Inland
Revenue of that region
3. Revision of order
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The Chief Commissioner Inland Revenue may revise any order passed by
his subordinates authorities
4. Appointment of Subordinate
The Chief Commissioner Inland Revenue can appoint of his subordinate
authority with the approval of federal board of revenue
5. Delegation of Powers
The Chief Commissioner Inland Revenue may delegate any of his power
to any subordinate taxation officer
6. Inspection of Subordinate Offices
The Chief Commissioner Inland Revenue may inspect the subordinate
offices situated under his jurisdiction
7. Supervision of Technical Work
The Chief Commissioner Inland Revenue is responsible to supervise the
technical work performed in the region
8. Write of Irrecoverable Demand
The Chief Commissioner Inland Revenue has the power to write off
irrecoverable demands in respect of instruction issued by the FBR
9. Supervise Tax Collection Procedure
The Chief Commissioner Inland Revenue being an administrative
authority is responsible to supervise the tax collection under his
jurisdiction
10. Internal Audit of Tax Departments
The Chief Commissioner Inland Revenue may conduct internal audit of
his subordinate offices
11. Regulation of Inspection Work
The Chief Commissioner Inland Revenue may supervise and regulate the
inspection work of the commissioner
12. Action Against Tax Evasion
The Chief Commissioner Inland Revenue may take action in case of
complaints of tax evasion under the region
13. Any Function Assigned By The FBR
The Chief Commissioner Inland Revenue may perform any other function
assigned by FBR
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