SALIENT FEATURES: CUSTOMS BUDGETARY MEASURES 2014-15

Objectives: Relief to general Public
-- Tariff Rationalisation
-- Reducing discretionary powers
-- Balancing controls and facilitation
RELIEF MEASURES:
(a) In order to encourage industrialisation and promote fruit cultivation, plant, machinery and equipment imported for setting up fruit processing and preservation industrial units in Gilgit-Baltistan, Balochistan and Malakand Division exempted from whole of customs duty.
(b) To generate employment and encourage industrialisation, plant, machinery and equipment imported for setting up industries in FATA, exempted from whole of customs duty.
(c) Customs duty on UPS (PCT code 8504.4010) reduced from 20% to 15%to provide relief to general public.
(d) Customs duty on petroleum coke not-calcined (PCT code 2713.1100) decreased from 5% to lowest slab of 1% to reduce input costs for manufacturing concerns.
Review Of Concessionary Regime (SROs):
Exemptions and concessions allowed under various SROs reviewed to minimize exemptions. Concessions considered non-essential, and which were minimally utilised withdrawn. Concessions considered socially sensitive retained. Essential concessions retained on enhanced concessionary rates by incorporating in newly added Fifth Schedule to the Customs Act
Tariff Rationalisation Measures:
(a) Maximum general tariff rate of 30% reduced to 25%.
(b) Exemption of duty and taxes on Hybrid Electric Vehicles (HEVs) rationalised: HEVs upto 1800 cc granted 50% exemption of duty and taxes and above 1800 cc granted 25% exemption of duty and taxes.
(c) Substitution of 0% duty slab with 1% customs duty in Tariff. Socially sensitive items continued at 0% in new Fifth Schedule to the Customs Act.
(d) Customs duty on networking equipments increased from 5% to 10%.
(e) Fixed amounts of duty and taxes on used vehicles revised upward by 10% approximately.
(f) Customs duty on flat-rolled products of alloy steel (PCT codes 72.25 and 72.26) increased from 0 and 5% to 10% to bring them at par with flat- rolled products of non-alloy steel.
(g) Customs duty @ 5 % levied on import of generators above 1100 KVA (PCT code 8502.1390).
(h) A uniform rate of 15% customs duty levied on dyes except basic dyes (3204.1300) and indigo blue dyes (3204.1510) being used in textile sector.
(i) A uniform rate of 10% customs duty on all kinds of CDs/DVDs of PCT codes 8523.4000 levied.
(j) Customs duty on flavouring powders (PCT code 2106.9030) enhanced from 10% to 20% to avoid misclassification
(k) A uniform rate of 10% levied on Liquid paraffin (PCT code 2710.1995) and White oil (PCT 2710.1996) being same in nature.
(l) Customs duty on dryers (PCT code 8421.1900) increased from 5% to 10%.
(m) A uniform rate of 15% levied on starches (PCT code 11.08) to rationalise duty structure and avoid classification disputes.
(n) Customs duty on coloring matters (PCT code 3206.4990) enhanced from 5% to 10% to reduce the chance of misclassification.
(o) Customs duty on Satellite mobile phones whether or not functional on cellular networks (PCT code 8517.1230) reduced from 25% to 10%.
Revenue Measures:
-- Regulatory duty levied on luxury goods.
Legislative Changes:
Following changes made in the Customs Act, 1969:
(a) In section 2, clauses (k) and (m) merged in a single definition of "customs-station".
(b) In section 7, words "Central Excise" substituted with the word "Federal Excise".
(c) In section 18, new subsection 1A is inserted to add the Fifth Schedule to the Customs Act, 1969 to levy specified conditional rates of customs duty on goods and class of goods.
(d) In section 18A the words "Central Excise and Salt Act, 1944" substituted with the words "Federal Excise Act, 2005"
(e) To ensure rational applicability of valuation data in cases of imported goods, clause (d) of sub-section (5) of section 25 omitted. Resultantly, reference to clause (d) in sub-section (6) also omitted.
(f) The word "taxes" inserted in sub-sections (2), (3) and (3A) of section 32 to recover non-levied and short levied taxes.
(g) The words "taxes and other charges levied thereon" inserted in sub-section (3) of section 80 to include taxes and other charges on reassessment of goods.
(h) For uniformity of the two provisions in subsection (1), the words "taxes and other charges levied thereon" inserted.
(i) Under the Control of Narcotics Substances Act, 1997 cases involving narcotics and narcotic substances are to be tried in Special Courts created under the said Act. Necessary change made in section 185B.
(j) In Sub-sections (3) of section 194 the words "Customs and Excise Group" are proposed to be substituted by "Customs Service of Pakistan" in line with section 202B. Further, the word "five" is proposed to be substituted with the word "three" to bring experience of a senior Collector for appointment as technical member of the Appellate Tribunal, at par with section 130 of Income Tax Ordinance, 2001.
SALES TAX & FEDERAL EXCISE
BUDGETARY MEASURES (FY 2014-15)
The budgetary measures pertaining to Sales Tax & Federal Excise are primarily aimed at:
1. Rationalisation of sales tax on steel sector, ship breakers and steel melters operating in the sugar mills Enforced through amendment in the Sales Tax Special Procedure Rules, 2007, effective from 01.07.2014.
2. Registration of retailers on two tier system basis whereby (i) retailers part of national and international chains, located in air-conditioned malls having debit and credit machines; (ii) chargeability of the sales tax @ 5% in case of monthly electricity bill upto Rs 20,000 and @ 7.5% of the monthly electricity bill exceeding Rs 20,000 Enforced through amendment in the Sales Tax Special Procedure Rules, 2007, effective from 01.07.2014.
3. Restricting undue claims of input tax. Input tax adjustment is proposed to be restricted only to the extent of goods and services actually used in manufacturing/sales of the taxable activity Enforced through Finance Bill, 2014, effective from 01.07.2014.
4. Electronic scrutiny and intimations system is to be introduced. It will conduct all checks and analysis objectively and will issue electronic intimations to the taxpayers Enforced through Finance Bill, 2014, effective from 01.07.2014.
5. Replacement of capacity tax on aerated waters. The capacity regime has led to excessive litigation and the Lahore High Court has passed order against the scheme. Therefore, the existing scheme shall be reverted to the normal tax regime.
Enforced through rescission of the Federal Excise Duty and Sales Tax on Production Capacity (Aerated Waters) Rules, 2013, effective from 01.07.2014.
6. The rates of Federal Excise Duty on cigarettes are proposed to be enhanced. Enforced through Finance Bill, 2014, effective from 01.07.2014.
7. Federal Excise Duty on the cement sector is being replaced from specific basis (Rs 400 per MT) to 5% on retail price.
Enforced through Finance Bill, 2014, effective from 01.07.2014.
8. Federal Excise Duty on international travel is being enhanced. Enforced through Finance Bill, 2014, effective from 01.07.2014.
9. Federal Excise Duty on chartered flights is being proposed to be levied at the standard rate on full amount charged.
Enforced through Finance Bill, 2014, effective from 01.07.2014.
10. Further tax charged @ 1% on supplies made to unregistered persons is being specifically excluded from the purview of output tax. Enforced through Finance Bill, 2014, effective from 01.07.2014.
11. Transposition of SRO 575(I)/2006 to schedules with certain changes.
In accordance with the policy of reviewing SROs, it is proposed to charge following seven sectors ie Sr. No 2, 3, 4, 9, 15, 20 and 30 of SRO at reduced rate of 5% sales tax. The concessions for the socially sensitive sectors shall be retained. However, the concessions against S. No 8, 16, 17, 24, 25, 32, 33, 37 and 38 shall be withdrawn.
Enforced through Finance Bill, 2014, and rescission of the notification, effective from 01.07.2014.
12. Transposition of SRO 727(I)/2011 to Schedule with 5% rate of sales tax. This notification grants exemption on import and supply of plant and machinery not manufactured locally subject to certain conditions.
It is proposed to charge sales tax at reduced rate of 5% on such plant and machinery, subject to the same conditions, by transferring the notification to the relevant Schedule of the Sales Tax Act, 1990.
Enforced through Finance Bill, 2014, and rescission of the notification, effective from 01.07.2014.
13. Transposition of SRO 549(I)/2008, dated 11.06.2008 to Fifth Schedule. This notification grants zero-rating on certain goods, including petroleum crude oil, certain raw materials for export oriented sectors, etc. Since this zero-rating is considered essential, while the notification is required to be deleted, it is proposed to transfer the items in the notification to the Fifth Schedule of the Sales Tax Act, 1990.
Enforced through Finance Bill, 2014, and rescission of the notification, effective from 01.07.2014.
14. Transposition of SRO 551(I)/2008, dated 11.06.2008 to Schedules with certain changes. This notification grants exemption to a number of goods such as raw material for pharmaceutical industry, iodised salt, medical equipment, components of energy saver lamps, renewable energy items, raw cotton and oil seeds for sowing etc. It is proposed to continue the exemption on certain items ie at S. No 3, 4, 5, 7, 11, 13, 14, 16 and 29 of this SRO by transferring them to the Sixth Schedule of the Sales Tax Act, 1990. Re-meltable scrap (S. No 31) is proposed to be deleted while oilseed for sowing, and raw and ginned cotton (S. No 10 and 33) are proposed to be charged to reduced rate of sales tax @ 5% by transferring them to the relevant Schedule of the Sales Tax Act, 1990. However, local supply of raw and ginned cotton shall remain exempt by transferring to the Sixth Schedule.
Enforced through Finance Bill, 2014, and rescission of the notification, effective from 01.07.2014.
15. Transposition of SRO 501(I)/2013, dated 12.06.2013 to Schedules with certain changes. This notification grants exemption to certain goods. It is proposed to charge sales tax at reduced rate of 5% on soyabean meal, oil cake and directly reduced iron (S. No 15, 16 and 21) by transferring them to the relevant Schedule of the Sales Tax Act, 1990. Purpose built taxis (S. No 25) is proposed to be deleted, being redundant. Exemption on socially sensitive goods, such as wheelchairs and energy saver lamps, is proposed to be retained by transferring them to the Sixth Schedule to the Sales Tax Act, 1990.
Enforced through Finance Bill, 2014, and rescission of the notification, effective from 01.07.2014.
16. Rescission of SRO 69(I)/2006, dated 28.01.2006. This notification grants reduced rate of sales tax 14% to rapeseed, sunflower seed and canola seed. It is proposed to rescind the said notification, thereby charging standard rate of sales tax (17%) on these seeds.
Enforced through rescission of the notification, effective from 01.07.2014
17. Transposition of zero-rating facility for dairy and stationery industry and input materials of these industries. The facility of zero-rating has already been provided under SRO 670(I)/2013, dated 18.07.2013. The facility is retained and the same is proposed to be incorporated in the Fifth Schedule.
Enforced through Finance Bill, 2014, and rescission of the notification, effective from 01.07.2014.
18. SRO 1125(I)/2011 is being revisited and it is proposed to amend the said SRO to provide for charging of sales tax at the standard rate of 17% on the import of finished articles of leather and textile.
Enforced through amendment in the notification, effective from 01.07.2014.
19. Withdrawal of FED @ 10% on motor vehicles exceeding 1800cc. FED @ 10% was imposed on motor cars, Sports Utility Vehicles (SUVs) and other motor cars exceeding 1800cc through Finance Act, 2013. Increase in the prices have adversely affected sales resulting in decline in revenue besides hurting the local industry. Therefore, it is proposed to withdraw FED on locally manufactured motor vehicles exceeding 1800cc.
Enforced through Finance Bill, 2014, effective from 01.07.2014.
20. It is being proposed to grant exemption to high efficiency irrigation equipment and greenhouse farming equipment in order to promote agriculture.
Enforced through Finance Bill, 2014, effective from 01.07.2014.
21. Reduction in rate of sales tax on local supply of tractors is being proposed in order to promote farm mechanisation.
Enforced through amendment in the notification, effective from 01.07.2014.
22. Exemption from sales tax to import and supply of "Cochlear Implants System" (Hearing Aids) is being introduced to facilitate the handicapped.
Enforced through Finance Bill, 2014, effective from 01.07.2014.
23. Reduction in rate of Federal Excise Duty on Telecommunication Services is being proposed in view of increase in the scope of telecommunication services with the advent of 3G and 4G technologies.
Enforced through Finance Bill, 2014, effective from 01.07.2014.
24. Exemption on import of plant, machinery and equipment for Gilgit- Baltistan, Balochistan Province and Malakand Division and FATA is being proposed to promote industrialisation, job creation and economic uplift of the less developed regions.
Enforced through Finance Bill, 2014, effective from 01.07.2014.
25. Amendment in clause (d) of section 4 of the Sales Tax Act, 1990 is being proposed to give effect to the current scheme of law and to suitably align it with the existing scheme.
Enforced through Finance Bill, 2014, effective from 01.07.2014.
26. Specific rates of sales tax on mobile phones is being introduced to protect the revenue and strengthen the legal support for charging of sales tax.
Enforced through Finance Bill, 2014, effective from 01.07.2014.
27. An explanation is being inserted in section 40B for its independent operation vis-à-vis provisions of section 40 whereunder search warrants are required from the Magistrate.
Enforced through Finance Bill, 2014, effective from 01.07.2014.
28. Through Amendment Ordinance, 2014, sub-section (8) of section 3 and section 3B of the Sales Tax Act, 1990 were substituted. It is being proposed to get approval of the Parliament to the changes made through the President Ordinance.
Enforced through Finance Bill, 2014, effective from 01.07.2014.
29. Uniform treatment of crude palm oil is being proposed so that exemption of sales tax and charging Federal Excise Duty is being done as in case of other edible oils.
Enforced through Finance Bill, 2014, effective from 01.07.2014.
30. Provision for specifying zones for the purpose of charging sales tax and Federal Excise Duty on the basis of prices in respective zones.
Enforced through Finance Bill, 2014, effective from 01.07.2014.
31. Exclusion of Federal Excise Duty on Telecommunication Services subject to Provincial Sales Tax is being proposed.
Enforced through Finance Bill, 2014, effective from 01.07.2014.
SALIENT FEATURES
INCOME TAX BUDGETARY MEASURES 2014-15
Incentives for less developed areas, agriculture and investment
1. To help the locally grown fruits in Balochistan Province, Malakand Division, Gilgit-Baltistan and FATA reach the bigger markets and to promote investment, growth and employment in these areas, a five years income tax exemption is proposedfor persons setting up processing plants for locally grown fruits.
2. To encourage electricity generation from local coal, it is proposed to exempt the profits and gains of coal mining projects in Sindh supplying coal exclusively to power generation projects and also to tax their dividends at reduced rate of 7.5%.
3. The rate of capital gains tax was to increase from 10% to 17.5% with effect from 01.07.2014. In order to avoid a sharp increase in rate which might negatively affect markets, the rates have been rationalised, and the CGT rates are proposed to be 12.5% for securities held up to 12 months and 10% for securities held for a period which is between 12 to 24 months.
4. To attract, Foreign Direct Investment, generate employment and attract inflow of foreign exchange in Pakistan, the corporate tax rate is to be reduced to 20% if the investment is in a new industrial undertaking to be set up by 30.06.2017 and at least 50% of the project cost including working capital is through FDI in equity.
5. In order to promote corporatisation and in accordance with the commitment made by government, the corporate tax rate is to be reduced by one per centto 33% for tax year 2015.
6. To encourage employment of the disabled persons and to provide relief to them it is proposed to reduce tax liability of such persons on income up to Rs 1 million by 50%.
7. Income Support Levy Act was promulgated through the Finance Act, 2013. The aim was to provide resources for the economically distressed persons. However, this measure has caused some concerns among public. It is therefore proposed to repeal the Income Support Levy Act, 2013.
8. The non-resident companies investing in Pakistan generally create a joint venture with a local entity and the contract receipts of such joint ventures were taxed as final tax in the hands of the joint venture which constitutes an AOP. To facilitate, the non-residents, it is proposed that if one member of the joint venture is a company, it should be taxed separately at the applicable rate while the individuals should be taxed as an AOP separately.
9. For development of Gawadar coast, the concessions earlier granted to PSA Gwadar PTE Limited through agreement dated 06.02.2007 are proposed to be transferred to "China Overseas Ports Holding Company Limited" for the remaining period.
10. At present, the rate of advance income tax on functions and gatherings is 10%. It is creating hardship for the public and even for the middle class due to high rate. It is to be reducedto 5%.
11. On request of Sindh Government, Sindh Pension Fund is exempted from Income tax.
12. In view of hardship caused by steep increase in rates last year, it is proposed that the entire amount of flying allowance exceeding an amount equal to the basic salary be taxed at a confessional rate of 7.5%.
13. To facilitate the steel sector it is proposed that every steel melter, steel re-roller, composite unit of melting, re-rolling and MS cold shall pay tax at the rate of one rupee per unit of electricity consumed with electricity bill and they will be exempted from deduction of tax from their suppliers. They can opt out of this option.
14. Reduction in rate of tax withheld on mobile phone charges is reduced from 15% to 14%.
Increasing Cost of Doing Business for Non-compliant
1. It is proposed that Airlines may collect advance tax at the rate of3% on the sale of first class and club/executive class air tickets if the passenger is a compliant taxpayer, and 5% tax if the passenger is a non-compliant person.
2. To document and bring into tax net the real estate transactions it is proposed that an adjustable advance tax be collected on purchase of immovable property at the rate of tax is 1% for complaint taxpayers and 2% for non-compliant persons. However, properties with value less than 3 million and schemes introduced by the government for expatriate Pakistanis will be excluded.
3. For domestic electricity consumers, it is proposed to collect adjustable advance tax @ 7.5% on the monthly bill of above Rs 100,000.
4. In order to promote tax culture, discourage non-compliance with tax laws and address the concerns of citizens who pay due taxes regarding them having higher cost of business than tax evaders, certain measures have been introduced to increase the cost of non- compliance with the tax laws. Accordingly, it is proposed that an advance adjustable income tax, in addition to the tax collectable from return filers, be collected from persons who do not file income tax returns on certain transactions at rate of 5% for dividend income, 5% for interest income above Rs 500,000, 0.2% for cash withdrawals from banks and 0.5% in case of advance capital gain tax collected from seller of immovable property.
Any person can avoid the payment of this advance tax by prior filing of return or can claim adjustment or refund of the advance tax deducted by filing return after the payment.
5. It is proposed that tax at the same rate be collected by the manufacturers of motor vehicles as is prescribed for registration of new locally manufactured private motor vehicle. If the person registering a motor vehicle for the first time is the same person who purchased the car locally or imported it, and paid tax at that stage, then the Excise and Taxation Departments will not collect the advance tax at the time of registration. In addition, currently the highest rate of tax is for vehicles above 200CC. It is also proposed that two higher slabs may be added for vehicle from 2501 to 3000cc and above 3000cc with higher rates of tax. For non-filers the rates will be double.
Removing Tax distortions and Inequities
1. In order to ensure deduction of tax on capital gains on debt securities, it is proposed that debt securities be included in the definition of securities. However, companies shall be excluded from such deduction.
2. To discourage perpetual declaration of losses or very low income using tax avoidance means by companies, an alternate corporate tax @ 17% is proposed to be imposed on accounting income excluding the exempt income. The companies shall have to pay ACT or corporate tax whichever is higher. In order to facilitate companies that have genuinely low income for some period of time, the ACT paid is proposed to be carried forward up to 10 years.
3. Proportionate allocation of expenses against different sources of income in the case of banks is to be stipulated in law, as is already the case in non-banking businesses.
4. Considering that persons providing or rendering services usually enjoy high profit margins due to low costs, the existing rates deduction of tax on services at 6% and 7% for corporate and non-corporate taxpayers respectively, are to be rationalised and enhance to 8% in corporate cases and 10% in other cases.
5. Due to buildings having a long useful life, the rate of initial depreciation on buildings is proposed to be reduced to 10%.
6. It is proposed that Non-profit entities be granted a 100% tax credit instead of exemption.
7. To broaden the tax net it is proposed to make obtaining NTN a compulsory condition for obtaining commercial/industrial electricity and gas connections.
Removing Exemptions to special interest groups:
1. Commission agents are taxed under Final Tax regime at the rate of 10% on commission paid. For advertising agents, the rate of tax is 5%. It is proposed that 10% rate, as is applicable to other commission agents, be applied, to advertising agents as well.
2. Income of Foreign News Agencies is not exempt under the Ordinance. However, payments to these agencies are exempt from withholding tax. As agencies are not present in Pakistan, their agents do not file returns and income escapes assessment. It is proposed that, exemption from deduction of withholding tax be withdrawn.
3. There are certain distortions and inequities in the tax system and in such cases tax structure, rather than economic incentives, favours choice of one sector or manner of conducting business over the other. To remove such distortions in mutual fund industry it is proposed that Mutual Fund distribute dividend in cash only and that the rate of tax applicable to the dividend distributed by Mutual Fund be same as is applicable to class of income received by Mutual Fund. However, to encourage Mutual Funds the rate of tax on dividend distributed by Mutual Fund to companies in respect of interest income shall be 25% instead of 33% applicable to companies.
4. Dispute huge number of bonus shares issued, the amount of tax paid on account of capital gains on bonus shares is very small. In order to discourage tax avoidance in this area, it is proposed that bonus shares be treated as dividend and taxed deducted at the rate of 5% the ex- bonus price of the shares.
5. Currently, foreign institutional investors in stock exchanges are neither voluntarily paying due taxes on capital gains by filing returns nor are they subject to deduction of tax like many other investors. To prevent loss of revenue, it is proposed to bring FIIs under the withholding tax regime.
6. In order to increase documentation of economy and to increase cost of non-documentation, it is proposed that rate of deduction of tax at source be enhanced in the case of commercial importers by 0.5%, resident and non-resident contractors by 1%, suppliers by 0.5%, payments made by exporters/export houses on account of services of stitching, dying, printing, embroidery, sizing, weaving by 0.5%, petrol pump operators by 2% and commission agents by 2%. However, they will have the option of filing returns and accounts in which case the current rates of tax deduction will be minimum tax rates for them. If chose not to file the return the tax deducted will be final tax.
7. Rates of adjustable advance income tax collected with Motor Vehicle Tax from private cars under section 234 were last revised in 2008. In order to account for inflation the rates are proposed to be revised and brought closer to the tax collected by provincial motor vehicle authorities.
8. It is proposed that advance income tax be collected by Excise and Taxation Departments on transfer of private motor vehicles for a period of 5 years. The rate of tax will be same as that for registration of a new motor vehicle and will be reduced by 10% in each of subsequent years.