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Capital Gains Tax: Q&A


Mohammed Sohail

Local and foreign investors have raised many questions since the imposition of tax on gains made through share trading. It is so, as this tax has been imposed after a gap of more than three decades. In order to clarify some issues, following is a response to frequently asked queries.

These answers are based on our understating and may change if tax authorities clarify the matter which they hopefully will in next few days.

When will this tax be imposed?

This tax will be imposed from July 1, 2010 on realised capital gains. There is some confusion regarding tax rate mentioned for tax year 2010 which we believe would be clarified as this tax will not be implemented before June 30, 2010.

What is the rate of tax?

For FY11 the gains realised from securities held for less than six months, the rate of annual income tax is 10 per cent and for securities held for more than six months and less than one year the annual tax liability would be 8 per cent of the gained amount. Again there is some ambiguity whether the rate is 7.5 per cent or 8 per cent for a holding period between 6 and 12 months and hopefully this will be clarified soon. No tax for holding of more than 1 year. Following that, 250bps increase in tax rate every year for a holding category below 6 months and 50bps raise each year if realised between 6 and 12 months so that the maximum rate will be 17.5 per cent and 10 per cent, respectively.

Who will pay this tax?

All individuals and companies whether local or foreign will pay this tax. However, banks are already paying capital gains tax (at a much higher rate). Similarly, mutual funds are exempt from it if they distribute 90 per cent of their profits.

What if I have bought shares before July 1, 2010?

According to the understanding reached between stock exchange and Ministry of Finance in Feb 2010 shares bought before July 1, 2010 would not be subject to tax. Thus previous capital losses and capital gains would not be considered. However the Finance Bill is silent on this. Hopefully the exchange will be seeking clarification on this from FBR (Federal Bureau of Revenue).

Are capital gains/losses can be carried forward?

Yes for 6 years. If someone incurs a capital loss in FY11 then it can be carried forward to coming years.

Who will file the return and pay advance tax?

Every investor will pay advance tax and file a tax return. Broker and exchange will not be doing anything in this regard. In case of a foreign investor, the local custodian bank will do it on his behalf.

When will advance tax be paid and at what rate?

The advance tax will be paid by the taxpayer within seven days after the close of each quarter. The rate is 2 per cent for gains realised within 6 months & 1.5 per cent for gains made between 6 and 12 months. Which means, if an investor has made Rs100k through short term trading then he will have to pay Rs2k to tax authority at the end of quarter.

How to calculate the gains or losses?

So far the rules have nothing to say on this. Our understanding is that an investor can do his own calculation to arrive at capital gains or losses. And if tax authorities have any issues they will seek clarification from the investor.

Will tax authority ask me about my source of funds?

This is a very important issue because many investors in Pakistan have not declared their funds properly. Rules, so far, are mute on this which means the tax authority can ask about the source of funds obtained to earn capital gains/losses. The upcoming meeting between FBR and exchange will definitely focus on this issue

Are capital gains adjusted with other income?

The capital gains/losses shall not be set off against the person's income and shall be carried forward to the next year and set off only against the capital gains/losses from shares trading in future.

Will this tax also be levied on derivatives traded at the exchanges?

Again there is some ambiguity which will soon be addressed. Our understanding is that all derivatives like stock futures, etc will be taxable in the same manner as shares.

Are foreigners allowed to adjust currency gain/loss?

No the foreigners are not allowed to adjust the exchange loss or gain while calculating gain or loss. However the exchange will take this matter up with

FBR for more clarification.

Writer is a research analyst at Top Line Securities

According to the understanding reached between stock exchange and Ministry of Finance in Feb 2010 shares bought before July 1, 2010 would not be subject to tax. Thus previous capital losses and capital gains would not be considered. However the Finance Bill is silent on this.

(Courtesy: The Financial Daily)



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