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Nadeem Butt (FCA) NADEEM & CO. (Principal) CHARTERED ACCOUNTANTS

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Presentation on theme: "Nadeem Butt (FCA) NADEEM & CO. (Principal) CHARTERED ACCOUNTANTS"— Presentation transcript:

1 Nadeem Butt (FCA) NADEEM & CO. (Principal) CHARTERED ACCOUNTANTS
Prepared By Nadeem Butt (FCA) Chartered Accountant Vice Chairman LTBA Tax Academy NADEEM & CO. (Principal) CHARTERED ACCOUNTANTS Taj Arcade, 3rd Floor, Office # 06, Opposite Services Hospital, 73-Main Jail Road, Lahore – Pakistan Ph: , Fax: Mob: 0333 / yahoo / gmail / hotmail.com website: nbandco.com

2 Wealth Statement Under Income Tax Ordinance, 2001 For Tax Year 2017
Total relevant Sections (9) + Rule (3) 111, 114, 115, 116, 118, 119, 120, 182, 191 Sr. Section Rule Heading 1. 116 Wealth statement various aspects 2. 114 Requirements to file a return 3. 36 Who should file wealth statement and Requirements to file a wealth statement 4.  118  73 Procedure to file the wealth statement 5. 230 Charges for Various Forms 6. 118 Due date for filing of return / wealth statement 7. 115 Persons not required to furnish return of income 8. 119 Extension of time for furnishing of returns and other documents 9. 120 Limitation on issuance of short documents notice 10. 111 Unexplained income or assets 11. 182 Offence & penalty 12. 191 Prosecutions for non-compliance with statutory obligation 13. Practical Case

3 1. Wealth statement various aspects [U/S 116]
SR. Headings Explanation 1. Actual cost concept Its comparison to be made with the statement of assets and liabilities filed with the ECP. 2. Contents of a wealth statement the person‘s total assets and liabilities as on specific date; the total assets and liabilities of the person‘s spouse, minor children, and other dependents as on specific date; any assets transferred by the person to any other person during the specified period and consideration for the transfer; the total expenditures incurred by the person, and the person‘s spouse, minor children, and other dependents during specified period and the details of such expenditures; and the reconciliation statement of wealth. 3. Double entry concept With reference to various transactions.

4 2. Requirements to file a return [Section 114(2)(e)]
SR. Headings Explanation 1. Income tax return shall be accompanied with a wealth statement.

5 3. Who should file wealth statement & Requirements to file a wealth statement [U/S 116 & RULE 36]
Heading Explanation 1. Who is require d to file WS Resident individual liable to file ITR Every resident individual taxpayer is liable to file a ROI for any tax year shall furnish a WS & wealth reconciliation statement along-with the return. [Section 116(2)]. Implications with reference to filers and non filers especially related to non residents. The provisions of section 116(2) shall not apply for the tax year 2014 to an individual or a member of an AOP whose last declared or assessed income, or the declared income for the year is less than Rs.1,000,000 or the amount of final tax was less than Rs. 35,000. [Clause 82 & 83 of Part IV of 2nd Schedule] Every person (other than a company or an AOP’s filing statement u/s 115(4), falling under FTR shall file a wealth statement along with reconciliation of wealth statement. Person filing return in response to a provisional assessment u/s 122C A person (including members of an AOP as stated above) on filing of return in response to a provisional assessment u/s 122C shall furnish a WS accompanied by WRS & an explanation of sources of acquisition of assets. [Section 116(2A)]

6 2. Revision of WS Where a person after filing of WS discovers any omission or wrong statement therein may furnish a revised Wealth statement at any time before amendment in assessment for the tax year to which it relates is made under sub section (1) or (4) of section 122. [Section 116(3)] 3. Furnishing of WS [Rule 36] In the prescribed Form Verified in the specified manner Accompanied by such documents, statements & certificates required under the Ordinance / Rules Along-with a WRS. 4. Format of wealth statement is separately attached Containing total 27 main headings (including assets inside + outside Pakistan). First 17 headings are for assets. 18 & 19 number headings are for Liabilities. Serial 20 to 26 for WRS; and Serial 27 for assets transferred / sold / gifted / donated during the year.

7 4. Procedure to file the wealth statement [U/S 118 & U/R 73]
A ROI, an employer's certificate, a statement for incomes covered under FTR or a WS shall be furnished by almost all the persons on E. portal except where allowed to file by post or courier service or delivery by hand. [Section 118(1)] Persons required to file return / statements electronically [Rule 73] Sr. Persons Documents to be filed electronically 1. A person registered under the Sales tax Act ROI 2. An individual having salary income of Rs. 500,000 or more ROI, proof of tax deduction / payment & WS along-with its reconciliation. 3. A non-corporate entity claiming refund 4. Non-resident ship owner or non- resident aircraft owner or charterer thereof ROI & port clearance application

8 5. Charges for Various Forms [U/R 230]
The following forms shall be provided after 20th June, 2002 on payment as mentioned against each Sr. FORM CHARGE 1. Form of return of total income Rs. 5 each 2. Form of Wealth Statement u/s 116 of Income Tax Ordinance, 2001

9 Last date of filing of ITR / with wealth statement
6. Due date for filing of return / wealth statement [Section 118] The return of income shall be furnished according to the following dates: Sr. Type of person Year end Last date of filing of ITR / with wealth statement 1. Individuals being as Salaried or FTR case 2. Non salaried individuals Any year end 3. Person who has discontinued the business 118(5) or through notice if return so required - Date specified in the notice from CIR 4. Persons required by notice to file ITR by CIR

10 7. Persons not required to furnish return of income [U/S 115]
Sr. Particulars Explanation 1. Persons not required to file return solely by reason of ownership of land or flat The following persons shall not be required to furnish a ROI for a tax year solely by reason of ownership of land or flat within municipal limits or Islamabad capital territory: [Section 115(3)] A widow; an orphan below the age of 25 years a disabled person or a non-resident person. 2. All the person’s income is fully covered under FTR Any person who is not required to furnish a return, where all person's income is fully covered under final taxation, shall file a statement showing particulars of income for the tax year in such form & duly verified as required. [Section 115(4)]

11 Particulars Explanation
8. Extension of time for furnishing of returns and other documents [u/s 119] Particulars Explanation Extension of time for furnishing returns & other documents [U/s 119] If a person is required to furnish a ROI, an employer's certificate, a statement of FTR or a WS then the person may apply in writing to the CIR for an extension of time by the due date to furnish the same. [Section 119(1) and (2)] On receipt of application if CIR is satisfied that the applicant is unable to furnish the ROI & other allied documents by the due date because of absence from Pakistan, sickness or other misadventure or any other reasonable cause the CIR may allow in writing an extension of time for a period not exceed 15 days from the due date of furnishing unless there are exceptional circumstances justifying a longer extension of time. [Section 119(3) and (4)] An extension of time granted to file the return & other documents shall not be deemed as allowed for tax payable with the return & DS shall be charged till the payment of the same. [Section 119(6)]

12 9. Limitation on issuance of short documents notice [u/s 120]
Return not complete under the Ordinance [U/s 120(3), (4), (5) & (6)] No notice of short documents shall be issued after the expiry of 180 days from the end of the financial year in which return was furnished. (Explain through practical example)

13 10. Unexplained income or assets [U/S 111]
Where (a) any amount is credited in a person's books of account; (b) a person has made any investment or is the owner of any money or valuable article; (c) a person has incurred any expenditure, or (d) any person has concealed income or furnished inaccurate particulars of income including (i) the suppression of any production, sales or any amount chargeable to tax; or (ii) the suppression of any item of receipt liable to tax in whole or in part, and the person offers no explanation about such items or the explanation offered by the person is not, in the CIR's opinion, satisfactory, the said amount shall be included in the person's income chargeable to tax in the tax year to which such amount relates under the head "Income from Other Sources" to the extent it is not adequately explained: Provided that where a taxpayer explains to agricultural income as nature and source, such explanation shall be accepted to the extent of agricultural income worked back on the basis of agricultural income tax paid under the relevant provincial law.; Where The declared cost of any investment or valuable article or the declared amount of expenditure of a person is less than reasonable amount of such items, the CIR may include the difference in the person's income chargeable to tax under the head "Income from Other Sources" in the tax year to which such amount relates. Non application of provisions The aforesaid provisions do not apply to any amount of foreign exchange remitted from outside Pakistan through normal banking channels that is en-cashed into rupees by a scheduled bank and a certificate from such bank is produced to that effect.

14 Section for which offence made
11. Offence & penalty [u/s 182] Offence Penalty Section for which offence made Where any person fails to furnish wealth statement or wealth reconciliation statement. Higher of 0.1% of the taxable income per week or Rs. 20,000. 116

15 12. Prosecutions for non-compliance
12. Prosecutions for non-compliance with Statutory Obligation [u/s 191] Non compliance Prosecution Section Where a person, without reasonable excuse, fails to – comply with a notice to file the income tax return or wealth statement, Fine or imprisonment for a term not exceeding 1 year or both. 191 If a person continues the offence and not filed the income tax return or wealth statement, without reasonable excuse, within the period specified by the Court, Shall further punishable with fine of Rs.50,000 or imprisonment for a term not exceeding 2 years, or both.

16 13. PRACTICAL CASE During the year following information is provided:
Mr. Asif has filled following wealth statement as on Plot at DHA, Lahore 3,500,000 Capital in ABC & Co 2,500,000 Jewelry 500,000 Shares in XYZ (Pvt.) Ltd 1,000,000 Cash 1,500,000 Bank 2,000,000 TOTAL 11,000,000 Personal Loan 10,000,000 During the year following information is provided: He earned salary income of Rs. 1,200,000 and paid tax Rs. 100,000. He sold share of Rs. 200,000 for a consideration of Rs. 350,000. He settled his personal loan of Rs. 500,000. His household expenses aggregates to Rs. 850,000. He has given gift of Rs. 400,000 to his brother Kamran through crossed cheque. He has earned profit on ABC & Co of Rs. 450,000. His drawings from the firm during the year was Rs. 275, He paid tax of Rs.40,000 on firm income. He purchased a new plot at EME society for total consideration Rs. 2,000,000 payable in 20 installments. During the year. He paid Rs. 700,000 in installments. On 30th June 2017, his bank balance was Rs. 475,000. Required: Prepare the wealth reconciliation statement and wealth statement for 2017.

17 MR. ASIF Wealth statement As on June 30, 2017 Note Rupees Plot at DHA 3,500,000 Capital in ABC 1 2,675,000 Advance for plot at EME 700,000 Jewellery 500,000 Shares in XYZ 800,000 Cash 2 2,260,000 Bank 475,000 Total 10,910,000 Less: Loan (500,000) Closing wealth 10,410,000

18 MR. ASIF Wealth reconciliation statement For the tax year 2017 Rupees Opening Wealth 10,000,000 Add: Sources Salary Income 1,200,000 Gain on sale of shares 150,000 Profit on ABC & CO 450,000 Total 11,800,000 Less: Gift to brother 400,000 Tax deducted from salary 100,000 Tax on profit of ABC & Co. 40,000 Household expenses 850,000 Total (11,800,000-1,390,000) 1,390,000 10,410,000

19 Note 1 Capital Reconciliation Rupees Opening 2,500,000 Profit 450,000 2,950,000 Drawings 275,000 Total 2,675,000

20 Note 2 Rupees Opening cash 1,500,000 Opening bank 2,000,000 3,500,000
Cash & Cash Equivalent Reconciliation Rupees Opening cash 1,500,000 Opening bank 2,000,000 3,500,000 Add: Salary 1,200,000 Drawings 275,000 Sale of shares 350,000 1,825,000 Total 5,325,000 Less: House hold expenses 850,000 Taxes 140,000 Gift 400,000 Plot instalments 700,000 Loan instalment 500,000 2,590,000 2,735,000 Cash balancing (Rs. 2,735,000 – 475,000) 2,260,000 Bank 475,000


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