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DEDICATION:
This projectis a result of dedicatedeffort. We would like
to thank our project guideProf. Mr. M.USMAN WARIS
for consultativehelp and constructivesuggestions on the
matter in this project. We would also like to thank our
parents in making this project a successful one.
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ACKNOWLEDGEMENT:
We student of MASTER in COMMERCE (M.Com)
Studies Here-by declare that we have successfully
completed this project on Taxation management in
academic year 2013-2015.
It gives us immense pleasure to prepare this project
report on ‘Income from Business’. The information in-
corporate in this project is true and original to the best
of our knowledge.
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Project Report
INCOME FROM BUSINESS SECTION 18
(Taxation Management)
SUBMITTED TO:
Mr. M. Usman Waris
SUBMITTED BY:
Asma yasmin
Anam Zahra
Sidra Saleem
Anum Sehar
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TABEL OF CONTENTS:
Income Tax …….…............................................................7-29
Business...............................................................................08
Types of Business................................................................09
Taxability of Speculation Business....................................11
Sources of Business Income...............................................11
Taxable Business Income.............................................12
Exempt Business Income.............................................13
Admissible Business Deduction...................................13
Deductions Not Allowed...............................................21
Minimum tax on the income of certain persons..............25
Income Tax Return………………………………………30
Sales Tax.............................................................................33
Rules for Output Tax.........................................................34
Rules for Input Tax............................................................35
Sales Tax Return............................ ....................................40
Bibliography................................................................…...43
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Income Tax
Income from Business Sec 18:
Introductionof Business:
A business, also known as an enterprise or a firm, is an organization involved in
the trade of goods, services, or both to consumers. Businesses are prevalent in
capitalist economies, where most of them are privately owned and provide goods
and services to customers in exchange for other goods, services, or money.
Businesses may also be not-for-profit or state-owned. A business owned by
multiple individuals may be referred to as a company.
The etymology of "business" stems from the idea of being busy, and implies
socially valuable and rewarding work. Business can refer to a particular
organization or, more generally, to an entire market sector, e.g. "the music
business". Compound forms such as agribusiness represent subsets of the word's
broader meaning, which encompasses all activity by suppliers of goods and
services
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BUSINESS: [section 2(9)]
According to Income Tax Ordinance 2001, the term business includes:
Trade:
Trade means selling of goods for the purpose of making profit which a trader has
purchased or manufactured.
Manufacturing:
It means to work upon something by hand or machine as to convert it into a form
which has greater value to consumers.
Example: convention of wooden piece into a chair etc.
Commerce:
It includes all the institutions and activities which are helpful in transferring goods
from the place of productionto the ultimate consumer.
Example: Transportation, banking, insurance and advertising etc.
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Profession or Vocation:
Services rendered on the basis of manual skill or specialized knowledge and
experience in a particular field is known as professionor vocation.
Example: Doctors, engineer, accountant and carpenters etc.
Concern:
Any regulated system of the management of an organization which has an
adequate degree of trade, commerce and manufacturing
Adventure:
Any transaction is termed as an adventure in the nature of trade if some elements
of trade are present therein.
NOTE:The business does not include employment.
Types of Business:
1) Speculation Business
2) Non-Speculation Business
Speculation Business: Sec 2 (61)
Speculation is a method of short-term investing whereby traders essentially bet on
the direction an asset's price will move. It means a business in which a contract for
the purchase of any commodity (including stock and share) is periodically or
Businesstaxation Income fromBusiness
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ultimately settled otherwise that by actual delivery or transfer of the commodity.
Income from Speculation businesses is treated as separate block of income.
Investment decisions based on the hope and expectation there will be a profit, but
no firm evidence that this will be the case. As a general rule, the more speculative
the venture, the greater the reward should be, commensurate with the risk taken.
But does not include
A) A contract in respect of raw material or merchandise is entered into by a
person in the course of a manufacturing or mercantile business to guard
against loss through future price fluctuations for the purpose of fulfilling the
person’s other contract for the actual delivery of the goods to be
manufactured or merchandise to be sold;
B) A contract in respect of stocks and share is entered into by a dealer or
investor therein to guard against loss in the person’s holding of stocks and
shares through price fluctuation; or
C) A contact is entered into by a member of forward or stock exchange in the
course of any transaction in the nature of jobbing or arbitrage to guard
against any loss which may arise ordinary course of the person’s business as
such member.
Explanation:
Jobbing:
Jobbing is a function of a jobber who works at a stock exchange for the buying
and selling of securities, bonds and shares
Arbitrage:
Arbitrage is the practice in which a person buys goods, securities, bonds,
shares or foreign money, etc. from a place at low price for the purpose of selling
them at another place where the price is higher.
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How it works/Example:
Technically, anyone who buys or shorts a security with the expectation of a
favorable price change is a speculator. For example, if a speculator believes XYZ
Company stock is overpriced, they may short the stock, wait for the price to fall,
and make a profit. It's possible to speculate on virtually every security, though
speculation is especially concentrated in the commodities, futures, and derivatives
markets.
Taxability of Speculation Business [Section 19]
The provision regarding the taxability of speculation Business is as under:
A) Speculation Business shall be treated as distinct and separate from any other
business carried on by the person;
B) Profits or gains from the speculation business and other business of the
personare computed separately;
C) The principles of apportionment of expenditures ( Section 67) shall be
applied as the profit and gains arising from a speculation business are
considered as separate head of income;
D) Any profit and gains arising from the speculation business for a tax year
shall “income from business” for the year; and
E) Any loss of the person, arising from the speculation business, for a tax year
shall be dealt with under Section 58. It means that the loss from speculation
business can only be set off against the income of any other of speculation
business carried on by person.
Income from Business
 Taxable Business Income
 Exempt Business Income
 Admissible Deduction for Business Income
 Inadmissible Deduction for Business Income
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Taxable Business Income
1) Rent received on furniture and fittings
2) Rent on any movable property
3) Income from fish catching business
4) Income from poultry farm
5) Income from stud farm
6) Income from timber business
7) Royalties on professional books
8) Income from photo state machine
9) Profit and gain of ordinary business
10) Income from Trade association
11) Income from tangible movable assets
12) Benefits received from business relationship
13) Management fee received
14) Profit on debts received by financial institution
15) Income from leasing business
16) Income from distribution by manual funds
17) Income from any other business
18) Income from Yarn Business
19) Income from fruit processing business
20) Income from lending out agriculture machinery
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Exempt Income from Business
1) Income of any university
2) Income of any other educational institution
3) Income from computer training institution
4) Income of export of computer software and related services
5) Agriculture Income
6) Income of any non profit making institution
7) Profit on debts of hub power company
Admissible Deduction for Business Income
A) General Principle for Deductions
B) Special Provisions for deductions
A) GeneralPrinciple for Deductions
For computation of income under the head “Income from Business”
certain expenses and allowances are allowed as deduction. Four
specially mentioned major categories are:
I. Expenses incurred for the purposeof business;
II. Loss on Animal used for business ( other than stocks)
III. Depreciation and amortization of assets, etc; and
IV. Amalgamation expenses incurred by an amalgamated company.
Expenses incurred for the purpose of business;
a) Any expenditure incurred by a person during the tax year is
allowable as deduction if it relate to the business.
b) If the expenditure is not incurred wholly for the business, then
only fairly related proportion shall be allowed for deduction.
Example:
a) Salaries given to employees
b) Loss of animals in the business due to death of animals
c) Financial expense e.g. interest
d) Rent for premises used for business
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e) Any tax, cess, charge or rate ( other than the income tax)
paid in connection with the business or any of its assets
f) Expenditures incurred on training of employees
g) Repair charges of any asset used for business
h) Insurance premium paid for insuring the asset
i) Actual amount of bad debts
j) Any other expenditure incurred wholly and partly for
business
Animals used for business [20(1A)]
If animals which have been used for the purposes of business of profession
otherwise than as stock-in-trade and have died or become permanently useless for
such purposes, the difference between the actual cost to the taxpayer of the animals
and less the amount, if any, realized in respect of the carcasses or animals, will be
allowed as deduction.
Example
Actual costof the animals to the taxpayer 1,00,000
Less: amount realized in respectof carcasses oranimals 4,000
Amount allowed as deduction 96,000
Depreciationand Amortization on assets [20(2)]
As per Income Tax Ordinance Depreciation and Amortization is allowed regarding
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a) Depreciable assets;
b) Intangible with useful life of more than one year; and
c) Pre-commencement expenditure.
Amalgamation Expenses [20(3)]
Any expenditure made by amalgamated company is allowed as a deduction.
These expenses may be;
a) Legal expenses;
b) Financial advisory services; and
c) Other administrative costs relating to planning and implementation.
B) Special Provisions for deductions [ sec 25]
Pre-commencementexpenditure:
 A person shall be allowed a deduction cost for any pre commencement
expenditure in accordancewith the rules.
 Pre-commencement expenditure shall be amortized on a straight-line basis
at the rate of 20% as specified Part –ΙΙΙ of the Third Schedule.
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 The total deduction allowed under this section in the current tax year and
all previous tax years shall not exceed the amount of expenditure in the tax
year in which it is incurred.
 Scientific research expenditure:
1) A person shall be allowed a deduction for commencement expenditure
incurred in Pakistan in tax year wholly and exclusively for the purpose of
deriving income from business chargeable to tax.
2) “ Scientific research expenditure” means any expenditure incurred by a
person on scientific research, including any contribution to a Scientific
research institution to undertake Scientific research for the purpose of
developing the person’s business, other than the expenditure incurred:
a) in the acquisition of any depreciable asset intangible;
b) in the acquisition of moveable property; or
c) For the purpose of ascertaining the existence, location, extent of quality
of a natural deposit
Employees Training and facilities:
A person shall be allowed a deduction for any expenditure (other than any capital
expenditure) incurred in tax year in respectof:
a) Any educational institution or hospital in Pakistan established for the benefits
of employees and their dependents.
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b) Any institute in Pakistan established for the training of industrial worker
recognized, aided, run by the Government.
c) The training oh any person, being a citizen of Pakistan, in connection with a
scheme approved by the Board.
Profit on debts, financial costs and Lease payment:
1) According to income tax ordinance the following deduction are allowed for a
tax year:
a) Any profits on debt paid by a person in the tax year to the extent that
proceed of the debt have the used by the person for the purpose of the
business.
b) Any amount paid by a person in the tax year to a Modaraba or a
Participation Term Certificate holder for any fund borrowed and used by
the person for the purposeof business
c) Any amount paid by a scheduled bank in the tax year to a person
maintaining a profit or loss sharing account or a deposit with the bank as
the distribution of profit by the bank in respectof the account or deposit
d) Any amount paid in the tax year to the State Bank of Pakistan as the
share of the bank in the profits derived by the corporation on investment
made in the small business.
e) Any amount given by a person in the tax year to a banking company
under a scheme of Musharika representing the bank’s share in the profit
of the Musharika.
2) Where any asset is transferred by an originator as a consequence of
securitization to a special purpose vehicle, it shall be treated as financing
transaction irrespective of the method of accounting adopted by the originator
3) Bad Debts
1. A person shell be allowed a deduction for a bad debt in a tax year if the
following conditions are satisfied
a) The amount of debtwas previously included in the persons income from
business chargeable to tax
b) The debt or part of the debt is written off in the accounts of the personin
the tax year
c) There are reasonable grounds for believing that the debt is irrecoverable.
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2. The amount of the deduction allowed to a person under this section for a tax
year shall not exceed the amount of the debtwritten off in the accounts of
the person in the tax year.
Provisionregarding consumerloan:
a) Non-banking finance company or the house building the finance corporation
shall be allowed a deduction, not exceeding 3% of income for the tax year,
arising out of consumer loan for the creation of a reserve to off-set bad debt
arising out of such loans.
Transferto Participatory reserve:
1) A company shall be allowed a deduction in a tax year for any amount
transferred by the company to a participatory reserve created under
section 120 of the Companies Ordinance 1984, in accordance with an
agreement relating to participatory redeemable capital between the
company and a banking company.
2) The deduction allowed for a tax year shall be limited to 5% of the value
of the companies’ participatory redeemable capital.
3) No deduction shall be allowed if the amount of tax exempted
accumulation in the participatory reserve exceeds 10% of the amount of
the participatory redeemable capital.
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Solved problem:
Mr. Zahid has a taxable salary of Rs. 3, 60,000/- during the year.
Business concern:
He was also running a Manufacturing concern of which the annual sales were
Rs.80, 00,000/-. The Gross profit was 25% of the annual sales. Following are
further details regarding expenses of this business:
Sr.# EXPENSES TOTAL TRANSACTION MODE OF
PAYMENT
1. Utility bills 80,000 5,000 Cash
40,000 Cross cheque
5,000 Cross cheque
30,000 Cash
2. Donation to
unapproved
institution
20,000 8,000 Cross cheque
12,000 Cross cheque
3. Building repair 60,000 5,000 Cross cheque
5,000 Cash
20,000 Cross cheque
30,000 Cash
4. Machinery repair 40,000 15,000 Cash
5,000 Cash
5,000 Cross cheque
15,000 Cross cheque
5. Rent paid of house
used for personal
purpose
20,000 12,000 Cash
8,000 Cash
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Find out tax liability of Mr.Zahid
SOLUTION:
Income from salary 3, 60,000
Income from Business:
Sales 80, 00,000
Gross Profit 80,000@ 25% 20, 00,000
LESS: Admissible Deductions
Utility Bills 80,000
Building Repair 30,000
Machinery Repair 40,0001,50,00018,50,000
TOTAL INCOME
22,10,000
Tax Calculation
Initial tax 1, 47,500
Add
(22, 10,000-15, 00,000)@20% 1, 42,000
2, 89,500
Notes:
1. Utility bills can be paid in cash or cheque as are exempt from being paid
through cross cheque.
2. Donations to unapproved institution are not admissible.
3. Rent paid of house used for personal purposeis not admissible.
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Deductions Not Allowed [Section21]
According to Income Tax Ordinance the following deductions shall not be allowed
in computing the income of a person chargeable to tax under the head “Income
from Business”
Tax Levied on Profits or Gains:[Section21(a)]
Any cess, rate or tax paid or payable by the person in Pakistan or a foreign country
that is levied on the profits or gains of the business or assessed as a percentage on
the basis of such profits or gains.
Tax Deductedat Source [Section21(b)]
Any amount of tax deducted from an amount derived by the person as salary or
dividend or profit on debt, is not allowed as deduction.
Payment Subject to Deduction of Tax [section21(c)]
Any salary, rent, brokerage or commission and profit on debt paid to non-resident
for his services rendered from which the person, making the payment, is required
to deduct tax under the provisions of the Ordinance and has made the payment
without the deduction of tax, is not allowed as deduction.
Entertainment Expenditures [Section21(e)]
Any entertainment and expenditure in excess of prescribed limit or in violation of
such condition, is not allowed as deduction.
Contribution to any Unapproved Fund [21(e)]
Any contribution made by the person to a provident fund or a pension fund or
superannuation fund or gratuity fund, which is not recognized or approved, is a not
allowed deduction.
Payment from Fund Chargeable to Tax:[Section21(f)]
Any contribution made by the person to any provident or other fund established for
the benefit of employees of the person, unless the person has made effective
arrangements to deduct tax from any payment made from the fund in respect of
which the recipient is chargeable to tax under the head “Salary”.
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Fine or Penalty [Section21(g)]
Any fine or penalty paid or payable by the person for the violation any law, rule or
regulation, is not considered as business expense.
PersonalExpenditure [21(h)]
Any expenditure incurred by the person for the private purpose is not considered as
deduction allowed.
Transferto Reserve Fund [21(i)]
Any amount while distributing the profit of a company, carried to a reserve fund
capitalized in any way is not allowed as deduction.
Rewardof Members of AOP [21(j)]
Any profit on debt, brokerage, commission, salary or other remuneration paid by
an association of person to the member of the association is not deductible for the
computation of taxable profit.
Any Expenditure Exceeding PrescribedLimit [21(l)]
Any expenditure under a single account had exceeding Rs.50000 in aggregate shall
be inadmissible if the payment ids not made through a crossed cheque or a bank
draft. However, this provision shall not be applicable to:
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 Utility bills.
 Postage.
 Single transactions not exceeding Rs.10000
 Payments on accountfreight charges
 Travel Fair
 Any account credited by direct transfer to an employee’s bank account for
reimbursement of expenses incurred on behalf of the tax payer
Salary exceeding prescribed [sec 21(m)]
Any salary paid or payable exceeding Rs.15000 per month other than by a crossed
cheque or direct transferred of funds to the employee’s bank account.
Capital expenditure:
Any expenditure of capital nature paid or payable except depreciation allowance,
amortization of intangibles and pre-commencement expenditure etc
Any provision against the profits of the business e.g. provision for bad debts
Any donation to an unapproved institution
Any expenditure of a capital nature.
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Tax required to be deduct but not
 Salary
 Rent
 Brokerage or commission
 Profit on debt
 Payment to non-resident
 Payment for services or fee paid by the person
 Solved Example:
The profit and loss account of Mr. Jaffar for the tax year is as under:
Rent of office building 6,00,000 Gross profit 30,00,000
Reserves for doubtful
debts
20,000 Bad debts recovered 8,000
Salary to staff 8,80,000 Income from
property
3,00,000
Personal expenses of MR.
Jaffar
28,000
Legal consultant fee 40,000
Bad debts 7,000
Repair of building 68,500
Contribution to
unrecognized provident
fund
40,000
Depreciation on building 12,000
Net profit 16,12,500
Total 33,08,000 Total 33,08,000
Salary of Rs. 2, 00,000 is of such nature upon which tax was required to be
deducted but not deducted.
Building repair include a payment of Rs. 20,000 which was required to be made by
cross cheque but paid by cash.
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Solution:
Income from Business
16, 12,500
Add: Inadmissible Expenses
Reserves for doubtfuldebts 20,000
Salary upon which due deduction was not done 2, 00,000
Personal expenses 28,000
Building repair transaction required to be done
By cross cheque but made by cash 20,000
Contribution to un recognized provident fund 40,0003, 08,000
TAXABLE INCOME
19, 20,500
Tax on NTR:
Initial 1, 47,500
Add:
(19, 20,500-15, 00,000) @ 20% 84,100
Tax payable 2, 31,500
Minimum tax on the income of certain persons (section 113):
This section shall apply upon:
1. A resident company.
2. An individual having turnover of fifty millions rupees or above.
3. An association of persons having turnover of fifty million rupees.
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• The above mentioned persons shall pay minimum tax @ 1% of the turnover.
• Minimum tax is to be paid if it exceeds the actual tax.
Note: For the said purposethe turnover exclude any amount which is taxed under
the FTR.
PROBLEM
XYZ private limited has a taxable income of Rs. 6, 00,000/- for the tax year 2014.
Its turnover during the year was Rs 5, 00, 00,000/-. Find its tax liability.
SOLUTION:
Income tax = 6, 00,000 @ 34% = 2, 04,000
Minimum tax liability = 5, 00, 00,000 @ 1% = 5, 00,000
Income tax liability is whichever of above two is higher. Hence tax liability is Rs.
5, 00,000/-.
Minimum Taxon Builders (Section113-A):
Minimum tax is levied on income of builders arising from construction and sale of
residential, commercial or other buildings. Builders are required to pay minimum
tax @ of Rs. 25/- per Square foot actually sold or booked for sale during a year.
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Problem
M/S ABC Enterprises is an Association of Persons it is doing the business of
constructing and selling building. During the year the income from the business is
Rs. 8, 00,000/-. During the year actually M/S ABC Enterprises sold and booked
24,000 square feet of area.
Find out the tax liability of M/S ABC Enterprise:
SOLUTION:
Income from business of construction is equal to 8, 00,000
Tax on 8, 00,000
Initial........................................................... 35,000
(8, 00,000-7, 50,000) @ 15% ..................... 7,500
TotalTax 42,500
Minimum Tax Liability on Builders (Rs. 25 per square feet booked orsold)
= Square feet booked or sold x 25
= 24,000 x 25 = 6, 00,000
Minimum Tax liability of Rs. 6, 00,000 calculated being a builder is higher than of
the Normal Tax Rs. 42,500 hence tax payable is Rs. 6, 00,000.
Businesstaxation Income fromBusiness
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Collectionof Advance Tax by EducationalInstitutions:
An Advance tax @ 5% on the amount of fee paid shall be collected by the
educational institution. Dee means tuition fees and all charges. The tax is required
to be collected in the same manner as the fee is charged, The advanced tax under
this provision shall not be charged if the annual fee does not exceed Rs. 2, 00,000/-
Minimum Taxon Land Developers:
Minimum Tax has been levied in income of land developers arising from
development and sale of residential, commercial or other plots. The said
developers shall pay tax @ of Rs.50/- per square yard actually sold or booked for
sale during the year.
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Problem
M/S XYZ Enterprise is an individual which is doing the business of developing
and selling of land. During the year the income from business is Rs. 10, 00,000/-.
During the year actually M/S XYZ Enterprise sold and booked 40,000 square yards
of area.
Find out the Tax liability of M/S XYZ Enterprise.
SOLUTION:
Income from business = 10, 00,000
Tax on 10, 00,000
Initial................................................................. 35,000
(10, 00,000-7, 50,000) @ 15% ..........................37,500
Total Tax 72,500
Minimum Tax liability on land developers (Rs. 50 per square yard booked or sold):
= Square yard booked orsold x 50
= 40,000 x50 = 20, 00,000.
Minimum Tax liability of Rs. 20, 00,000 calculated being land developers is higher
than of the normal Tax Rs. 72,500 .Hence payable is Rs. 20, 00,000.
Businesstaxation Income fromBusiness
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Sales tax
Sales tax Act:
By virtue of Finance Ordinance, 1990. Sales Tax Act 1951 has been completely
substituted by a new Act known as Sales Tax (amendment act1990). This complete
change has been made in order to update the Act so that it should be able to meet
countries economy. Moreover, Government has tried to simplify the rules
regarding Sales Tax for the benefit of the tax payer or collection authorities. The
new Act became effective on 1st November 1990.
What is Sales Tax?
It means:
 The tax , additional tax, or default surcharge levied under this Act
 A fine, penalty, or fee imposed or charged
 Any other sum payable under the provision of this Act or the rules made
there under
What is output tax?
In relation to a registered person, means---
a) Tax levied under this act on supply of goods, made by the persons;
b) Tax levied under the Federal Excise Act, 2005, in sales tax made as a duty of
exercise on manufacture or production of goods;
c) Provincial sales tax levied on services rendered or provided by the person.
Output includes three types of supplies:
1. Taxable Supplies
2. Zero-Rated Supplies
3. Exempt Supplies.
Businesstaxation Income fromBusiness
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1) Taxable Supplies
It means supply of taxable goods made by an importer, manufacturer,
wholesaler and distributer.
2) Zero-Rated
Itmeans a taxable supply which is charged to tax at rate of 0% under Section4.
3) Exempt Supplies
It means the supply, which is exempted from the levy of the Sales Tax by the
Federal Government. However, it is necessary that such changes should be
notified in the official gazette.
What is input tax?
Purchases made by a registered person for business purpose such as supply of
goods, importof goods by the person tax levied under this act.
Rules for Output Tax:
Taxable Supplies:
Local taxable supplies to registered person 17%
Local taxable to non-registered person 18%
Supplies to registered persons (including the amountof sales tax) 17/117%
Supplies to non-registered persons( including the amount of sales tax) 18/118%
Supplies made for personalused 17%
Sales to wholesaler 17%
Supplies to Government hospital less than 50 bed 17%
Supplies to teaching hospital less than 200 bed 17%
Zero-Rated:
Export Sales 0%
Supplies to DTRE registered person 0%
Supplies to associated located in Export Processing Zone 0%
Exempted Supplies:
Supplies to Governmenthospital morethan 50 bed Exempt
Businesstaxation Income fromBusiness
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Supplies to teaching hospital more than 200 bed Exempt
Supplies to charitable institutions Exempt
Exempted Supplies Exempt
Free sample Exempt
Sales tax debit Add full
amount
Note: less adjustmentfor Credit Note Issued for taxable supplies fromoutput tax.
(Total Output Tax as per aboverules-Amountof Credit Note Issued ×17%)
Rules for Input Tax
Purchases fromregistered person (purchases againsttaxinvoices) 17%
Purchases from non-registered person (purchases against commercial
invoices)
Nil
Purchases fromwholesaler 17%
Acquisition of fixed assets fromnon-registered person Nil
Goods imported 17%
Sales tax on electricity bill (in caseof manufacturer only) allowed
Sales tax on telephone bill (in caseof manufacturer only) allowed
Sales tax of sui gas bill (in caseof manufacturer only) allowed
Sales tax of sui gas bill (residential colonies) Not allowed
Water charges paid Not allowed
Sales tax credit Totally allowed
Carry forward of inputtax fromprevious month Totally allowed
Purchased of exempted goods Nil
Purchased of milk and vegetables with or without brand name Nil
Purchased of syrups /ice creamflavor imported 17%
Acquisition of fixed assets from registered person(add into input tax
after adjustmentof input tax)
17% of cost
Note:
 Tax paid at import stage
In case of commercial importer importing Taxable Goods, an additional 3% tax
would be added to input tax.
Businesstaxation Income fromBusiness
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Less: Adjustment for Debit Note Issued for taxable supplies from input tax. (Total
InputTax as per above rules-Amountof Debit Note issued× 17 %)
 As per section 8b (1) input tax is registered up-to 90% of output tax. This
section applied only to Registered Manufacturer. It does not apply to
importer.
 In case of person engaged in any Exempt Supply (Mentioned in Output Tax)
InputTax shall be adjusted as per following formula.
Total Input Tax × Taxable Supply ÷ Total Supplies
Total Supplies= Sales to Registered/Non-Registered Person + Supplies to
DTRE Registered person + Export Sales + Zero Rated Supplies + Supplies to
Wholesaler/Retailer + (Any Sales or Supplies Made for Personal use
including the Amount of Sales Tax-17/117 of such supplies) + Donation +
Free Samples + Exempt Sales + Supplies to All Hospitals
Taxable Supplies= Total Supplies – Donation – Free Samples – Exempt Sales
– Supplies to those Hospitals which are exempt fromTax – Zero Rated
PROBLEM
Compute the sales tax liability of Mr. Falak Shan, a registered manufacturer,
for the month of August2013 with the help of following information:
1 Sales to registered person Rs.
8,00,000
2
Sales to consumers (exclusiveof sales tax) 10,00,000
3
Sales to wholesalers 2,00,000
4
Advancereceived fromcustomers for taxable supplies 1,00,000
5
Exempted supplies 4,00,000
6
Sales to employees (exclusiveof sales tax) 1,50,000
7
Goods imported 5,00,000
8
Customduty paid on goods imported @20% _
Businesstaxation Income fromBusiness
34
9
Federal Excise Duty on imported goods 80,000
10
Advancepaid to supplier for the purchaseof taxable goods 1,20,000
11
Fixed assets imported 7,00,000
12
Local purchases againsttax invoices 1,80,000
13
Sales tax paid on electricity bills used in factory (NTN is
printed on bill)
30,000
14
Sales tax paid on electricity bills used in residential colony
for employees
Solution
Mr. Falak Shan
CNIC:
National Tax No:
For the Month of August 2013
Computation of Sales Tax Payable
Output
Taxable Supplies
Rs. Rs.
Sales to registered person
8,00,000
Sales to consumers (exclusiveof sales tax)
10,00,000
Sales to wholesalers
2,00,000
Advanceagainst sales
1,00,000
Sales to employees (exclusiveof sales tax)
1,50,000
Total Taxable Supplies
22,50,000
Exempted supplies
4,00,000
Total turnover
26,50,000
Businesstaxation Income fromBusiness
35
InputTax
Goods imported
5,00,000
Add: Customs duty paid Rs.5,00,000@ 20%
1,00,000
Federal Excise Duty
80,000
Total
6,80,000
Rs.6,80,000@17%
1,15,600
Advanceagainst purchases
Rs.1,20,000@17%
20,400
Local purchases againsttax invoices
Rs. 1,80,000 @17%
30,600
Sales tax paid on electricity bills
30,000
Total InputTax
1,96,00
Sales tax on import of fixed assets
Rs. 7,00,000 @17%
1,19,000
Apportionment of Input Tax
Turnover Input Tax Input Tax on
Fixed Assets
Total Taxable supplies
Rs. 8,00,000 +10,00,000 +
1,00,000+1,50,000+2,00,000 22,50,000
1,66,925 1,01,038
Exempt Supply
4,00,000 29,675 17,962
Total
26,50,000 1,96,600 1,19,000
Businesstaxation Income fromBusiness
36
Sales Tax Liability
Output Tax (Rs. 22, 50,000 @ 17%)
Less: Inputtax adjustment
Rs.3,82,500
(1,66,925)
2,15,575
(Restricted up to 90% of output tax Rs. 3,82,500 @ 90% =
Rs. 3,44,250
Inputtax is well within limits, so allowed)
Less input tax on fixed assets
1,01,038
Sales Tax Liability payable
1,14,537
Notes:
1. According to Finance Act, 2013 advance against sales and purchases
is subjectto sales tax in the month in which advancewas received.
2. Adjustment of input tax on assets imported is allowed without any
restriction.
3. Section 8B (1) shall apply in this case.
4. Sales tax paid on electricity bills for residential colony is not allowed
5. Further tax is not applicable on supplies to end consumer and,
therefore, no further sales tax is charged on supplies to employees.
Businesstaxation Income fromBusiness
37
Bibliography:
Our group made an honorable work for this project. We
have got return of Income from Business from Income
Tax Office Jhang Sadar. Business related to Gabrail Kahi
Khupa Zangir Farosh. We also got the return of Sales Tax
– MonthlySales Tax Declaration. Sales Tax payer’s name
is Ghous Cotton Company.
We have also got some material about our topic Income
from Business from B.com syllabus referred by Muazzam
Mughal , Zulfiqar Bowra Ahmad M.com syllabus book,
Wikipedia site and from Income Tax Ordinance 2001.
Our group has done very good efforts for performance of
this report. All the members are very co-operative
Businesstaxation Income fromBusiness
38

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Income from Business

  • 3. Businesstaxation Income fromBusiness 3 DEDICATION: This projectis a result of dedicatedeffort. We would like to thank our project guideProf. Mr. M.USMAN WARIS for consultativehelp and constructivesuggestions on the matter in this project. We would also like to thank our parents in making this project a successful one.
  • 4. Businesstaxation Income fromBusiness 4 ACKNOWLEDGEMENT: We student of MASTER in COMMERCE (M.Com) Studies Here-by declare that we have successfully completed this project on Taxation management in academic year 2013-2015. It gives us immense pleasure to prepare this project report on ‘Income from Business’. The information in- corporate in this project is true and original to the best of our knowledge.
  • 5. Businesstaxation Income fromBusiness 5 Project Report INCOME FROM BUSINESS SECTION 18 (Taxation Management) SUBMITTED TO: Mr. M. Usman Waris SUBMITTED BY: Asma yasmin Anam Zahra Sidra Saleem Anum Sehar
  • 6. Businesstaxation Income fromBusiness 6 TABEL OF CONTENTS: Income Tax …….…............................................................7-29 Business...............................................................................08 Types of Business................................................................09 Taxability of Speculation Business....................................11 Sources of Business Income...............................................11 Taxable Business Income.............................................12 Exempt Business Income.............................................13 Admissible Business Deduction...................................13 Deductions Not Allowed...............................................21 Minimum tax on the income of certain persons..............25 Income Tax Return………………………………………30 Sales Tax.............................................................................33 Rules for Output Tax.........................................................34 Rules for Input Tax............................................................35 Sales Tax Return............................ ....................................40 Bibliography................................................................…...43
  • 7. Businesstaxation Income fromBusiness 7 Income Tax Income from Business Sec 18: Introductionof Business: A business, also known as an enterprise or a firm, is an organization involved in the trade of goods, services, or both to consumers. Businesses are prevalent in capitalist economies, where most of them are privately owned and provide goods and services to customers in exchange for other goods, services, or money. Businesses may also be not-for-profit or state-owned. A business owned by multiple individuals may be referred to as a company. The etymology of "business" stems from the idea of being busy, and implies socially valuable and rewarding work. Business can refer to a particular organization or, more generally, to an entire market sector, e.g. "the music business". Compound forms such as agribusiness represent subsets of the word's broader meaning, which encompasses all activity by suppliers of goods and services
  • 8. Businesstaxation Income fromBusiness 8 BUSINESS: [section 2(9)] According to Income Tax Ordinance 2001, the term business includes: Trade: Trade means selling of goods for the purpose of making profit which a trader has purchased or manufactured. Manufacturing: It means to work upon something by hand or machine as to convert it into a form which has greater value to consumers. Example: convention of wooden piece into a chair etc. Commerce: It includes all the institutions and activities which are helpful in transferring goods from the place of productionto the ultimate consumer. Example: Transportation, banking, insurance and advertising etc.
  • 9. Businesstaxation Income fromBusiness 9 Profession or Vocation: Services rendered on the basis of manual skill or specialized knowledge and experience in a particular field is known as professionor vocation. Example: Doctors, engineer, accountant and carpenters etc. Concern: Any regulated system of the management of an organization which has an adequate degree of trade, commerce and manufacturing Adventure: Any transaction is termed as an adventure in the nature of trade if some elements of trade are present therein. NOTE:The business does not include employment. Types of Business: 1) Speculation Business 2) Non-Speculation Business Speculation Business: Sec 2 (61) Speculation is a method of short-term investing whereby traders essentially bet on the direction an asset's price will move. It means a business in which a contract for the purchase of any commodity (including stock and share) is periodically or
  • 10. Businesstaxation Income fromBusiness 10 ultimately settled otherwise that by actual delivery or transfer of the commodity. Income from Speculation businesses is treated as separate block of income. Investment decisions based on the hope and expectation there will be a profit, but no firm evidence that this will be the case. As a general rule, the more speculative the venture, the greater the reward should be, commensurate with the risk taken. But does not include A) A contract in respect of raw material or merchandise is entered into by a person in the course of a manufacturing or mercantile business to guard against loss through future price fluctuations for the purpose of fulfilling the person’s other contract for the actual delivery of the goods to be manufactured or merchandise to be sold; B) A contract in respect of stocks and share is entered into by a dealer or investor therein to guard against loss in the person’s holding of stocks and shares through price fluctuation; or C) A contact is entered into by a member of forward or stock exchange in the course of any transaction in the nature of jobbing or arbitrage to guard against any loss which may arise ordinary course of the person’s business as such member. Explanation: Jobbing: Jobbing is a function of a jobber who works at a stock exchange for the buying and selling of securities, bonds and shares Arbitrage: Arbitrage is the practice in which a person buys goods, securities, bonds, shares or foreign money, etc. from a place at low price for the purpose of selling them at another place where the price is higher.
  • 11. Businesstaxation Income fromBusiness 11 How it works/Example: Technically, anyone who buys or shorts a security with the expectation of a favorable price change is a speculator. For example, if a speculator believes XYZ Company stock is overpriced, they may short the stock, wait for the price to fall, and make a profit. It's possible to speculate on virtually every security, though speculation is especially concentrated in the commodities, futures, and derivatives markets. Taxability of Speculation Business [Section 19] The provision regarding the taxability of speculation Business is as under: A) Speculation Business shall be treated as distinct and separate from any other business carried on by the person; B) Profits or gains from the speculation business and other business of the personare computed separately; C) The principles of apportionment of expenditures ( Section 67) shall be applied as the profit and gains arising from a speculation business are considered as separate head of income; D) Any profit and gains arising from the speculation business for a tax year shall “income from business” for the year; and E) Any loss of the person, arising from the speculation business, for a tax year shall be dealt with under Section 58. It means that the loss from speculation business can only be set off against the income of any other of speculation business carried on by person. Income from Business  Taxable Business Income  Exempt Business Income  Admissible Deduction for Business Income  Inadmissible Deduction for Business Income
  • 12. Businesstaxation Income fromBusiness 12 Taxable Business Income 1) Rent received on furniture and fittings 2) Rent on any movable property 3) Income from fish catching business 4) Income from poultry farm 5) Income from stud farm 6) Income from timber business 7) Royalties on professional books 8) Income from photo state machine 9) Profit and gain of ordinary business 10) Income from Trade association 11) Income from tangible movable assets 12) Benefits received from business relationship 13) Management fee received 14) Profit on debts received by financial institution 15) Income from leasing business 16) Income from distribution by manual funds 17) Income from any other business 18) Income from Yarn Business 19) Income from fruit processing business 20) Income from lending out agriculture machinery
  • 13. Businesstaxation Income fromBusiness 13 Exempt Income from Business 1) Income of any university 2) Income of any other educational institution 3) Income from computer training institution 4) Income of export of computer software and related services 5) Agriculture Income 6) Income of any non profit making institution 7) Profit on debts of hub power company Admissible Deduction for Business Income A) General Principle for Deductions B) Special Provisions for deductions A) GeneralPrinciple for Deductions For computation of income under the head “Income from Business” certain expenses and allowances are allowed as deduction. Four specially mentioned major categories are: I. Expenses incurred for the purposeof business; II. Loss on Animal used for business ( other than stocks) III. Depreciation and amortization of assets, etc; and IV. Amalgamation expenses incurred by an amalgamated company. Expenses incurred for the purpose of business; a) Any expenditure incurred by a person during the tax year is allowable as deduction if it relate to the business. b) If the expenditure is not incurred wholly for the business, then only fairly related proportion shall be allowed for deduction. Example: a) Salaries given to employees b) Loss of animals in the business due to death of animals c) Financial expense e.g. interest d) Rent for premises used for business
  • 14. Businesstaxation Income fromBusiness 14 e) Any tax, cess, charge or rate ( other than the income tax) paid in connection with the business or any of its assets f) Expenditures incurred on training of employees g) Repair charges of any asset used for business h) Insurance premium paid for insuring the asset i) Actual amount of bad debts j) Any other expenditure incurred wholly and partly for business Animals used for business [20(1A)] If animals which have been used for the purposes of business of profession otherwise than as stock-in-trade and have died or become permanently useless for such purposes, the difference between the actual cost to the taxpayer of the animals and less the amount, if any, realized in respect of the carcasses or animals, will be allowed as deduction. Example Actual costof the animals to the taxpayer 1,00,000 Less: amount realized in respectof carcasses oranimals 4,000 Amount allowed as deduction 96,000 Depreciationand Amortization on assets [20(2)] As per Income Tax Ordinance Depreciation and Amortization is allowed regarding
  • 15. Businesstaxation Income fromBusiness 15 a) Depreciable assets; b) Intangible with useful life of more than one year; and c) Pre-commencement expenditure. Amalgamation Expenses [20(3)] Any expenditure made by amalgamated company is allowed as a deduction. These expenses may be; a) Legal expenses; b) Financial advisory services; and c) Other administrative costs relating to planning and implementation. B) Special Provisions for deductions [ sec 25] Pre-commencementexpenditure:  A person shall be allowed a deduction cost for any pre commencement expenditure in accordancewith the rules.  Pre-commencement expenditure shall be amortized on a straight-line basis at the rate of 20% as specified Part –ΙΙΙ of the Third Schedule.
  • 16. Businesstaxation Income fromBusiness 16  The total deduction allowed under this section in the current tax year and all previous tax years shall not exceed the amount of expenditure in the tax year in which it is incurred.  Scientific research expenditure: 1) A person shall be allowed a deduction for commencement expenditure incurred in Pakistan in tax year wholly and exclusively for the purpose of deriving income from business chargeable to tax. 2) “ Scientific research expenditure” means any expenditure incurred by a person on scientific research, including any contribution to a Scientific research institution to undertake Scientific research for the purpose of developing the person’s business, other than the expenditure incurred: a) in the acquisition of any depreciable asset intangible; b) in the acquisition of moveable property; or c) For the purpose of ascertaining the existence, location, extent of quality of a natural deposit Employees Training and facilities: A person shall be allowed a deduction for any expenditure (other than any capital expenditure) incurred in tax year in respectof: a) Any educational institution or hospital in Pakistan established for the benefits of employees and their dependents.
  • 17. Businesstaxation Income fromBusiness 17 b) Any institute in Pakistan established for the training of industrial worker recognized, aided, run by the Government. c) The training oh any person, being a citizen of Pakistan, in connection with a scheme approved by the Board. Profit on debts, financial costs and Lease payment: 1) According to income tax ordinance the following deduction are allowed for a tax year: a) Any profits on debt paid by a person in the tax year to the extent that proceed of the debt have the used by the person for the purpose of the business. b) Any amount paid by a person in the tax year to a Modaraba or a Participation Term Certificate holder for any fund borrowed and used by the person for the purposeof business c) Any amount paid by a scheduled bank in the tax year to a person maintaining a profit or loss sharing account or a deposit with the bank as the distribution of profit by the bank in respectof the account or deposit d) Any amount paid in the tax year to the State Bank of Pakistan as the share of the bank in the profits derived by the corporation on investment made in the small business. e) Any amount given by a person in the tax year to a banking company under a scheme of Musharika representing the bank’s share in the profit of the Musharika. 2) Where any asset is transferred by an originator as a consequence of securitization to a special purpose vehicle, it shall be treated as financing transaction irrespective of the method of accounting adopted by the originator 3) Bad Debts 1. A person shell be allowed a deduction for a bad debt in a tax year if the following conditions are satisfied a) The amount of debtwas previously included in the persons income from business chargeable to tax b) The debt or part of the debt is written off in the accounts of the personin the tax year c) There are reasonable grounds for believing that the debt is irrecoverable.
  • 18. Businesstaxation Income fromBusiness 18 2. The amount of the deduction allowed to a person under this section for a tax year shall not exceed the amount of the debtwritten off in the accounts of the person in the tax year. Provisionregarding consumerloan: a) Non-banking finance company or the house building the finance corporation shall be allowed a deduction, not exceeding 3% of income for the tax year, arising out of consumer loan for the creation of a reserve to off-set bad debt arising out of such loans. Transferto Participatory reserve: 1) A company shall be allowed a deduction in a tax year for any amount transferred by the company to a participatory reserve created under section 120 of the Companies Ordinance 1984, in accordance with an agreement relating to participatory redeemable capital between the company and a banking company. 2) The deduction allowed for a tax year shall be limited to 5% of the value of the companies’ participatory redeemable capital. 3) No deduction shall be allowed if the amount of tax exempted accumulation in the participatory reserve exceeds 10% of the amount of the participatory redeemable capital.
  • 19. Businesstaxation Income fromBusiness 19 Solved problem: Mr. Zahid has a taxable salary of Rs. 3, 60,000/- during the year. Business concern: He was also running a Manufacturing concern of which the annual sales were Rs.80, 00,000/-. The Gross profit was 25% of the annual sales. Following are further details regarding expenses of this business: Sr.# EXPENSES TOTAL TRANSACTION MODE OF PAYMENT 1. Utility bills 80,000 5,000 Cash 40,000 Cross cheque 5,000 Cross cheque 30,000 Cash 2. Donation to unapproved institution 20,000 8,000 Cross cheque 12,000 Cross cheque 3. Building repair 60,000 5,000 Cross cheque 5,000 Cash 20,000 Cross cheque 30,000 Cash 4. Machinery repair 40,000 15,000 Cash 5,000 Cash 5,000 Cross cheque 15,000 Cross cheque 5. Rent paid of house used for personal purpose 20,000 12,000 Cash 8,000 Cash
  • 20. Businesstaxation Income fromBusiness 20 Find out tax liability of Mr.Zahid SOLUTION: Income from salary 3, 60,000 Income from Business: Sales 80, 00,000 Gross Profit 80,000@ 25% 20, 00,000 LESS: Admissible Deductions Utility Bills 80,000 Building Repair 30,000 Machinery Repair 40,0001,50,00018,50,000 TOTAL INCOME 22,10,000 Tax Calculation Initial tax 1, 47,500 Add (22, 10,000-15, 00,000)@20% 1, 42,000 2, 89,500 Notes: 1. Utility bills can be paid in cash or cheque as are exempt from being paid through cross cheque. 2. Donations to unapproved institution are not admissible. 3. Rent paid of house used for personal purposeis not admissible.
  • 21. Businesstaxation Income fromBusiness 21 Deductions Not Allowed [Section21] According to Income Tax Ordinance the following deductions shall not be allowed in computing the income of a person chargeable to tax under the head “Income from Business” Tax Levied on Profits or Gains:[Section21(a)] Any cess, rate or tax paid or payable by the person in Pakistan or a foreign country that is levied on the profits or gains of the business or assessed as a percentage on the basis of such profits or gains. Tax Deductedat Source [Section21(b)] Any amount of tax deducted from an amount derived by the person as salary or dividend or profit on debt, is not allowed as deduction. Payment Subject to Deduction of Tax [section21(c)] Any salary, rent, brokerage or commission and profit on debt paid to non-resident for his services rendered from which the person, making the payment, is required to deduct tax under the provisions of the Ordinance and has made the payment without the deduction of tax, is not allowed as deduction. Entertainment Expenditures [Section21(e)] Any entertainment and expenditure in excess of prescribed limit or in violation of such condition, is not allowed as deduction. Contribution to any Unapproved Fund [21(e)] Any contribution made by the person to a provident fund or a pension fund or superannuation fund or gratuity fund, which is not recognized or approved, is a not allowed deduction. Payment from Fund Chargeable to Tax:[Section21(f)] Any contribution made by the person to any provident or other fund established for the benefit of employees of the person, unless the person has made effective arrangements to deduct tax from any payment made from the fund in respect of which the recipient is chargeable to tax under the head “Salary”.
  • 22. Businesstaxation Income fromBusiness 22 Fine or Penalty [Section21(g)] Any fine or penalty paid or payable by the person for the violation any law, rule or regulation, is not considered as business expense. PersonalExpenditure [21(h)] Any expenditure incurred by the person for the private purpose is not considered as deduction allowed. Transferto Reserve Fund [21(i)] Any amount while distributing the profit of a company, carried to a reserve fund capitalized in any way is not allowed as deduction. Rewardof Members of AOP [21(j)] Any profit on debt, brokerage, commission, salary or other remuneration paid by an association of person to the member of the association is not deductible for the computation of taxable profit. Any Expenditure Exceeding PrescribedLimit [21(l)] Any expenditure under a single account had exceeding Rs.50000 in aggregate shall be inadmissible if the payment ids not made through a crossed cheque or a bank draft. However, this provision shall not be applicable to:
  • 23. Businesstaxation Income fromBusiness 23  Utility bills.  Postage.  Single transactions not exceeding Rs.10000  Payments on accountfreight charges  Travel Fair  Any account credited by direct transfer to an employee’s bank account for reimbursement of expenses incurred on behalf of the tax payer Salary exceeding prescribed [sec 21(m)] Any salary paid or payable exceeding Rs.15000 per month other than by a crossed cheque or direct transferred of funds to the employee’s bank account. Capital expenditure: Any expenditure of capital nature paid or payable except depreciation allowance, amortization of intangibles and pre-commencement expenditure etc Any provision against the profits of the business e.g. provision for bad debts Any donation to an unapproved institution Any expenditure of a capital nature.
  • 24. Businesstaxation Income fromBusiness 24 Tax required to be deduct but not  Salary  Rent  Brokerage or commission  Profit on debt  Payment to non-resident  Payment for services or fee paid by the person  Solved Example: The profit and loss account of Mr. Jaffar for the tax year is as under: Rent of office building 6,00,000 Gross profit 30,00,000 Reserves for doubtful debts 20,000 Bad debts recovered 8,000 Salary to staff 8,80,000 Income from property 3,00,000 Personal expenses of MR. Jaffar 28,000 Legal consultant fee 40,000 Bad debts 7,000 Repair of building 68,500 Contribution to unrecognized provident fund 40,000 Depreciation on building 12,000 Net profit 16,12,500 Total 33,08,000 Total 33,08,000 Salary of Rs. 2, 00,000 is of such nature upon which tax was required to be deducted but not deducted. Building repair include a payment of Rs. 20,000 which was required to be made by cross cheque but paid by cash.
  • 25. Businesstaxation Income fromBusiness 25 Solution: Income from Business 16, 12,500 Add: Inadmissible Expenses Reserves for doubtfuldebts 20,000 Salary upon which due deduction was not done 2, 00,000 Personal expenses 28,000 Building repair transaction required to be done By cross cheque but made by cash 20,000 Contribution to un recognized provident fund 40,0003, 08,000 TAXABLE INCOME 19, 20,500 Tax on NTR: Initial 1, 47,500 Add: (19, 20,500-15, 00,000) @ 20% 84,100 Tax payable 2, 31,500 Minimum tax on the income of certain persons (section 113): This section shall apply upon: 1. A resident company. 2. An individual having turnover of fifty millions rupees or above. 3. An association of persons having turnover of fifty million rupees.
  • 26. Businesstaxation Income fromBusiness 26 • The above mentioned persons shall pay minimum tax @ 1% of the turnover. • Minimum tax is to be paid if it exceeds the actual tax. Note: For the said purposethe turnover exclude any amount which is taxed under the FTR. PROBLEM XYZ private limited has a taxable income of Rs. 6, 00,000/- for the tax year 2014. Its turnover during the year was Rs 5, 00, 00,000/-. Find its tax liability. SOLUTION: Income tax = 6, 00,000 @ 34% = 2, 04,000 Minimum tax liability = 5, 00, 00,000 @ 1% = 5, 00,000 Income tax liability is whichever of above two is higher. Hence tax liability is Rs. 5, 00,000/-. Minimum Taxon Builders (Section113-A): Minimum tax is levied on income of builders arising from construction and sale of residential, commercial or other buildings. Builders are required to pay minimum tax @ of Rs. 25/- per Square foot actually sold or booked for sale during a year.
  • 27. Businesstaxation Income fromBusiness 27 Problem M/S ABC Enterprises is an Association of Persons it is doing the business of constructing and selling building. During the year the income from the business is Rs. 8, 00,000/-. During the year actually M/S ABC Enterprises sold and booked 24,000 square feet of area. Find out the tax liability of M/S ABC Enterprise: SOLUTION: Income from business of construction is equal to 8, 00,000 Tax on 8, 00,000 Initial........................................................... 35,000 (8, 00,000-7, 50,000) @ 15% ..................... 7,500 TotalTax 42,500 Minimum Tax Liability on Builders (Rs. 25 per square feet booked orsold) = Square feet booked or sold x 25 = 24,000 x 25 = 6, 00,000 Minimum Tax liability of Rs. 6, 00,000 calculated being a builder is higher than of the Normal Tax Rs. 42,500 hence tax payable is Rs. 6, 00,000.
  • 28. Businesstaxation Income fromBusiness 28 Collectionof Advance Tax by EducationalInstitutions: An Advance tax @ 5% on the amount of fee paid shall be collected by the educational institution. Dee means tuition fees and all charges. The tax is required to be collected in the same manner as the fee is charged, The advanced tax under this provision shall not be charged if the annual fee does not exceed Rs. 2, 00,000/- Minimum Taxon Land Developers: Minimum Tax has been levied in income of land developers arising from development and sale of residential, commercial or other plots. The said developers shall pay tax @ of Rs.50/- per square yard actually sold or booked for sale during the year.
  • 29. Businesstaxation Income fromBusiness 29 Problem M/S XYZ Enterprise is an individual which is doing the business of developing and selling of land. During the year the income from business is Rs. 10, 00,000/-. During the year actually M/S XYZ Enterprise sold and booked 40,000 square yards of area. Find out the Tax liability of M/S XYZ Enterprise. SOLUTION: Income from business = 10, 00,000 Tax on 10, 00,000 Initial................................................................. 35,000 (10, 00,000-7, 50,000) @ 15% ..........................37,500 Total Tax 72,500 Minimum Tax liability on land developers (Rs. 50 per square yard booked or sold): = Square yard booked orsold x 50 = 40,000 x50 = 20, 00,000. Minimum Tax liability of Rs. 20, 00,000 calculated being land developers is higher than of the normal Tax Rs. 72,500 .Hence payable is Rs. 20, 00,000.
  • 30. Businesstaxation Income fromBusiness 30 Sales tax Sales tax Act: By virtue of Finance Ordinance, 1990. Sales Tax Act 1951 has been completely substituted by a new Act known as Sales Tax (amendment act1990). This complete change has been made in order to update the Act so that it should be able to meet countries economy. Moreover, Government has tried to simplify the rules regarding Sales Tax for the benefit of the tax payer or collection authorities. The new Act became effective on 1st November 1990. What is Sales Tax? It means:  The tax , additional tax, or default surcharge levied under this Act  A fine, penalty, or fee imposed or charged  Any other sum payable under the provision of this Act or the rules made there under What is output tax? In relation to a registered person, means--- a) Tax levied under this act on supply of goods, made by the persons; b) Tax levied under the Federal Excise Act, 2005, in sales tax made as a duty of exercise on manufacture or production of goods; c) Provincial sales tax levied on services rendered or provided by the person. Output includes three types of supplies: 1. Taxable Supplies 2. Zero-Rated Supplies 3. Exempt Supplies.
  • 31. Businesstaxation Income fromBusiness 31 1) Taxable Supplies It means supply of taxable goods made by an importer, manufacturer, wholesaler and distributer. 2) Zero-Rated Itmeans a taxable supply which is charged to tax at rate of 0% under Section4. 3) Exempt Supplies It means the supply, which is exempted from the levy of the Sales Tax by the Federal Government. However, it is necessary that such changes should be notified in the official gazette. What is input tax? Purchases made by a registered person for business purpose such as supply of goods, importof goods by the person tax levied under this act. Rules for Output Tax: Taxable Supplies: Local taxable supplies to registered person 17% Local taxable to non-registered person 18% Supplies to registered persons (including the amountof sales tax) 17/117% Supplies to non-registered persons( including the amount of sales tax) 18/118% Supplies made for personalused 17% Sales to wholesaler 17% Supplies to Government hospital less than 50 bed 17% Supplies to teaching hospital less than 200 bed 17% Zero-Rated: Export Sales 0% Supplies to DTRE registered person 0% Supplies to associated located in Export Processing Zone 0% Exempted Supplies: Supplies to Governmenthospital morethan 50 bed Exempt
  • 32. Businesstaxation Income fromBusiness 32 Supplies to teaching hospital more than 200 bed Exempt Supplies to charitable institutions Exempt Exempted Supplies Exempt Free sample Exempt Sales tax debit Add full amount Note: less adjustmentfor Credit Note Issued for taxable supplies fromoutput tax. (Total Output Tax as per aboverules-Amountof Credit Note Issued ×17%) Rules for Input Tax Purchases fromregistered person (purchases againsttaxinvoices) 17% Purchases from non-registered person (purchases against commercial invoices) Nil Purchases fromwholesaler 17% Acquisition of fixed assets fromnon-registered person Nil Goods imported 17% Sales tax on electricity bill (in caseof manufacturer only) allowed Sales tax on telephone bill (in caseof manufacturer only) allowed Sales tax of sui gas bill (in caseof manufacturer only) allowed Sales tax of sui gas bill (residential colonies) Not allowed Water charges paid Not allowed Sales tax credit Totally allowed Carry forward of inputtax fromprevious month Totally allowed Purchased of exempted goods Nil Purchased of milk and vegetables with or without brand name Nil Purchased of syrups /ice creamflavor imported 17% Acquisition of fixed assets from registered person(add into input tax after adjustmentof input tax) 17% of cost Note:  Tax paid at import stage In case of commercial importer importing Taxable Goods, an additional 3% tax would be added to input tax.
  • 33. Businesstaxation Income fromBusiness 33 Less: Adjustment for Debit Note Issued for taxable supplies from input tax. (Total InputTax as per above rules-Amountof Debit Note issued× 17 %)  As per section 8b (1) input tax is registered up-to 90% of output tax. This section applied only to Registered Manufacturer. It does not apply to importer.  In case of person engaged in any Exempt Supply (Mentioned in Output Tax) InputTax shall be adjusted as per following formula. Total Input Tax × Taxable Supply ÷ Total Supplies Total Supplies= Sales to Registered/Non-Registered Person + Supplies to DTRE Registered person + Export Sales + Zero Rated Supplies + Supplies to Wholesaler/Retailer + (Any Sales or Supplies Made for Personal use including the Amount of Sales Tax-17/117 of such supplies) + Donation + Free Samples + Exempt Sales + Supplies to All Hospitals Taxable Supplies= Total Supplies – Donation – Free Samples – Exempt Sales – Supplies to those Hospitals which are exempt fromTax – Zero Rated PROBLEM Compute the sales tax liability of Mr. Falak Shan, a registered manufacturer, for the month of August2013 with the help of following information: 1 Sales to registered person Rs. 8,00,000 2 Sales to consumers (exclusiveof sales tax) 10,00,000 3 Sales to wholesalers 2,00,000 4 Advancereceived fromcustomers for taxable supplies 1,00,000 5 Exempted supplies 4,00,000 6 Sales to employees (exclusiveof sales tax) 1,50,000 7 Goods imported 5,00,000 8 Customduty paid on goods imported @20% _
  • 34. Businesstaxation Income fromBusiness 34 9 Federal Excise Duty on imported goods 80,000 10 Advancepaid to supplier for the purchaseof taxable goods 1,20,000 11 Fixed assets imported 7,00,000 12 Local purchases againsttax invoices 1,80,000 13 Sales tax paid on electricity bills used in factory (NTN is printed on bill) 30,000 14 Sales tax paid on electricity bills used in residential colony for employees Solution Mr. Falak Shan CNIC: National Tax No: For the Month of August 2013 Computation of Sales Tax Payable Output Taxable Supplies Rs. Rs. Sales to registered person 8,00,000 Sales to consumers (exclusiveof sales tax) 10,00,000 Sales to wholesalers 2,00,000 Advanceagainst sales 1,00,000 Sales to employees (exclusiveof sales tax) 1,50,000 Total Taxable Supplies 22,50,000 Exempted supplies 4,00,000 Total turnover 26,50,000
  • 35. Businesstaxation Income fromBusiness 35 InputTax Goods imported 5,00,000 Add: Customs duty paid Rs.5,00,000@ 20% 1,00,000 Federal Excise Duty 80,000 Total 6,80,000 Rs.6,80,000@17% 1,15,600 Advanceagainst purchases Rs.1,20,000@17% 20,400 Local purchases againsttax invoices Rs. 1,80,000 @17% 30,600 Sales tax paid on electricity bills 30,000 Total InputTax 1,96,00 Sales tax on import of fixed assets Rs. 7,00,000 @17% 1,19,000 Apportionment of Input Tax Turnover Input Tax Input Tax on Fixed Assets Total Taxable supplies Rs. 8,00,000 +10,00,000 + 1,00,000+1,50,000+2,00,000 22,50,000 1,66,925 1,01,038 Exempt Supply 4,00,000 29,675 17,962 Total 26,50,000 1,96,600 1,19,000
  • 36. Businesstaxation Income fromBusiness 36 Sales Tax Liability Output Tax (Rs. 22, 50,000 @ 17%) Less: Inputtax adjustment Rs.3,82,500 (1,66,925) 2,15,575 (Restricted up to 90% of output tax Rs. 3,82,500 @ 90% = Rs. 3,44,250 Inputtax is well within limits, so allowed) Less input tax on fixed assets 1,01,038 Sales Tax Liability payable 1,14,537 Notes: 1. According to Finance Act, 2013 advance against sales and purchases is subjectto sales tax in the month in which advancewas received. 2. Adjustment of input tax on assets imported is allowed without any restriction. 3. Section 8B (1) shall apply in this case. 4. Sales tax paid on electricity bills for residential colony is not allowed 5. Further tax is not applicable on supplies to end consumer and, therefore, no further sales tax is charged on supplies to employees.
  • 37. Businesstaxation Income fromBusiness 37 Bibliography: Our group made an honorable work for this project. We have got return of Income from Business from Income Tax Office Jhang Sadar. Business related to Gabrail Kahi Khupa Zangir Farosh. We also got the return of Sales Tax – MonthlySales Tax Declaration. Sales Tax payer’s name is Ghous Cotton Company. We have also got some material about our topic Income from Business from B.com syllabus referred by Muazzam Mughal , Zulfiqar Bowra Ahmad M.com syllabus book, Wikipedia site and from Income Tax Ordinance 2001. Our group has done very good efforts for performance of this report. All the members are very co-operative