Implementation of 40% windfall tax on banks’ profits hits snag

  • FBR’s step meets uncertainty as it requires National Assembly’s approval by Feb 19, 2024
  • Experts express concerns about rushed implementation of tax, which may lead to legal challenges and hinder investment

ISLAMABAD: The Federal Board of Revenue’s (FBR) notification imposing a 40% additional tax on banks’ windfall profits has been met with uncertainty as it requires approval from the National Assembly by February 19, 2024.

The formation of the National Assembly is not expected until after the upcoming general elections, raising concerns about the timely implementation of the tax measure.

The FBR issued SRO 1588(I)/2023 on November 21, 2023, invoking its powers under Section 99D(2) of the Income Tax Ordinance to tax banks’ windfall profits. The notification outlines the calculation method and formula for determining the 40% tax.

However, Section 99D(3) of the Income Tax Ordinance mandates that the federal government obtain approval from the National Assembly for such a tax measure.

The deadline for submitting the notification to the National Assembly is February 19, 2024.

With the general elections scheduled to take place in the coming months, the formation of the National Assembly is unlikely to occur before the February 19 deadline. This raises questions about the validity of the FBR’s notification and the enforceability of the windfall tax.

Industry experts have expressed concerns about the rushed implementation of the tax, suggesting that it may lead to legal challenges and hinder investment in the banking sector. They urge the government to reconsider the timeline and ensure proper legislative processes are followed.

The uncertainty surrounding the windfall tax has also raised concerns among banks, as they prepare for their financial year-end reporting. The lack of clarity regarding the tax liability could impact their profitability and financial planning.

In light of these developments, the banking sector and the business community are closely monitoring the situation and await further guidance from the government. The timely resolution of this matter is crucial to maintain investor confidence and promote economic stability.

FBR releases updated Income tax rules 2023

The Federal Board of Revenue (FBR) has released an updated version of the Income Tax Rules 2002, incorporating all amendments made up to November 24, 2023. These amendments include those introduced in the current fiscal year’s federal budget, as well as any changes made since June 30. The primary goal of issuing these updated rules is to simplify the tax process for taxpayers and eliminate any ambiguities surrounding Income Tax Day.

The updated rules provide taxpayers with clear and concise guidelines on various aspects of income tax compliance, including assessment, collection, and refunds. They also incorporate recent changes in tax laws and regulations, ensuring that taxpayers remain compliant with the latest requirements.

Taxpayers can access the updated Income Tax Rules 2002 on the FBR’s website. The FBR encourages taxpayers to familiarize themselves with the updated rules to ensure accurate and timely tax compliance.

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