From
the income tax point of view it is necessary to know the difference between
capital and revenue receipts. Because only revenue receipts are taxed according
to income tax ordinance. While capital receipts are not taxed. When it become
very difficult for the assessee to differentiate the capital and revenue
receipts. These are brought into the courts. However following tests may be
used to distinguish between capital and revenue receipts.
(1). Sale On Asset :-
Any
amount which is received by selling the fixed asset like building, land
machinery etc. and kept to earn profit. It will be called the capital receipt
on the other hand if floating asset like stock in trade is sold, such receipt
will be called revenue receipt.
Example
1 :
Suppose a company sells the building, the amount received will be called
capital receipts.
Example
2 :
If a company sells the stock in trade, the amount received will be called
revenue receipts.
(2). Substitution Source Of Income :-
Income
received by the assessee from the employer is called revenue receipt. While the
amount from the new or substituted source is called capital receipt.
Example : Mr. Alfa is
manager in the factory. He receives Ten thousand Rupees as a salary. It is a
revenue receipt.
Example : Mr. Alfa has
been retired by the company. The company had also paid him 1 million Rupees to
establish a new source. It is capital receipt.
(3). Sale Of Right:-
If
any person surrenders his right permanently the amount he receives will be
treated as capital receipt. On the other hand if any person surrenders his
right for the particular period the amount he receives will be called revenue
receipt.
Example : Poet Gulzar has
wrote the book. He surrenders his right of publishing in favor of the publisher
permanently and receives 1 million Rupees. Such amount will be treated as
capital receipt on the other hand if he surrenders his right only one edition
and receives 1 Lakh rupees. It will be a revenue receipt.
(4). Test Motive Behind:-
The
motive behind the transaction must be tested while distinguish the capital and
revenue receipt. Motive will declare that amount is a capital receipt or
revenue receipt.
Example : Mr. Saif purchases the
shares of a company to resell at profit. The amount received by the sale is a
revenue receipt.
Example : If Mr. Saif
purchases the shares to earn profit but after some time he is in need of money.
So he sells the shares fulfill the need the amount received by him will be
treated as capital receipt.
(5). Period Of Receipt :-
Period
of receipt is not considered while distinguishing the capital and revenue
receipts.
Example : Mr. Vikram sold his
land on installments. The amount received monthly or annually will be also
treated as capital receipt. Because he has completely surrendered his right.
Example : Mr. Shukla received
2 years advance salary in lump sum. It is revenue receipt.
(6). Receipt Judgment :-
While
making the judgment of receipt one should know that payment is made due to the
services of recipient for the employer. If so, then it should be considered as
revenue receipt.
Example
1 :
Mr. Shan received a fee and drafted a business deal. His income will be a
revenue receipt.
Example
2 :
If any person receives bonus from his employer, it is also a revenue receipt.
Example
3:
Mr. Sam is a property dealer and earns commission. His income will be also
treated as revenue receipt.
Example
4 :
Mr. Singh was an army officer. He was injured in the war and was declared
disable. He received 1 million Rupees. It will be treated as capital receipt.
Example
5 :
Mr. Tony was insured person who died. His family received half million Rupees
from insurance company. Such receipt is capital receipt.
Example
6 :
Mr. Sameer received the 3 years rent of his building in advance from sony. It
is a capital receipt.
IMPORTANCE
OF DISTINCTION BETWEEN CAPITAL AND REVENUE :-
While
calculating the taxable income one must know the difference the revenue and
capital. If he does not know then he cannot calculate the real taxable income
due to the following reasons :
1. Income
tax is imposed on revenue receipts.
2. Income
tax is not levied on capital receipts.
3. When we
want to determine the profits of a business or profession it is the revenue
expenditure, which is deducted from the trading receipts.
4. Deduction
from capital receipts is not allowed. Keeping in view the above reasons one
person must be capable to distinguish between revenue and capital expenditure
and the he should determine the profits of the business. Sometimes it becomes
very difficult to know that the particular receipt is a capital receipt or
revenue receipt. However some tests are applied for this purpose which may
guide to know the facts.
Following
are the important tests which may be applied to know the difference.
1. Purchase
Of Fixed Asset or Floating Asset Purchase :-
When
money is paid to purchase in asset, we have to decide that it is a fixed asset
or floating asset. If the money is paid on the purchase of fixed asset, it is
an expenditure of capital revenue.
Example
1 :
Miss. Sophie purchases the building and machinery for sugar factory. It is an
expenditure of capital nature, because building and machinery is a fixed asset.
On the other hand money is spent on floating nature it will be called revenue
expenditure.
Example
2 :
Miss. Sophie purchases the sugar-cane raw material for her factory. It is
revenue expenditure and it will be deducted from the sale of business.
2. Expenditure
On Opening Business :-
While
establishing the new business all the expenses are called capital expenditure.
Example
:
1. Purchase
of land
2. Construction
of building
3. purchase
of machinery
4. Fee
paid the manager
5. Govt.
fee paid to the obtain the license etc.
Note
: When
the fee is paid for the renewal of license it will be treated as revenue
expenditure.
Any
how the initial expenditures are included in the capital expenditure.
3. Business
Extension :-
If
a businessman spends money to expand the volume of business, such expenditure
will be called capital expenditure.
Example
: National
bank limited opens new branches to extend the volume of business, it will be
considered as the capital expenditure. On the other hand National bank spends
the money on the repair of buildings, it will be a revenue expenditure.
4. Period
Of Benefit :-
When
we want to determine the nature of expenditure we also calculate the period of
benefit.
a) If expenditure gives
a continuous benefit to the business. It will be called capital expenditure.
b) On the other hand if
the period of benefit is less then one year it will be treated as revenue
expenditure.
Example
: Sun-silk Shampoo company introduces the sun-silk paste and fixes the
advertising boards. Such expenditure will benefit the company through out the
life of the product. On the other hand if once it is advertised on the T.V.
Such expenditure will be included in the day to day expenditure.
5. Earning
Capacity Principle :-
If
the earning capacity increases due to increase in expenditure, it will be
called capital expenditure. On the other hand it increase in expenditure only
maintains the earning capacity, it will be called revenue expenditure.
Example : Royal textile company
replaces the part of machine and spends twenty thousand. It is a revenue
expenditure because it only maintains the earning capacity.
Example : Royal textile company
installs two new weaving machines. The production of the company becomes
double. Now such such expenditure will be called capital expenditure because it
has increased the earning capacity of this company.
Example
Of Capital Expenditure :
1. Cost of
issuing shares and debentures.
2. Cost of
experiments.
3. Purchase
of machinery and building etc.
Example
Of Revenue Expenditure :
1. Payment made
for rented machinery.
2. Pension
paid.
3. Repair of
machinery.
4. Distribution of
samples.
5. Expenses on
display exhibition.
INCOME
FROM HOUSE PROPERTY :-
Under
the head of income from property rent is the second important source of income.
The rent received or receivable is chargeable to tax.
Explanation
:
RENT
:-
The
amount received or receivable by the owner of land or building for its use. The
amount of rent shall not be less than the fair market rent.
LAND
:-
It
means plot used for storing materials or temporary huts.
BUILDING
:-
It
is made of stone or bricks which is covered by roof.
PROPERTY
:-
Any
land or building which is constructed is called property.
FAIR
MARKET RENT :-It
is the amount of rent which is determined on the basis of a rent
fetched by similar property in the similar locality.
Procedure
For Computing The Rent :-
I) Any
amount which owned of the land or building receives or is receivable for its
use or right to use is called rent.
II) Under the
contract of sale for land or building forfeited deposit is also included in the
rent.
III) Any advance which is received by
the owner from tenant, its 1/10 is taken as rent.
IV) Any obligation of the owner like
property tax paid by the tenant is also taken as rent.
Exemptions
:-
Following
are not included in the head of “income from property”.
a) Income from vacant
plot.
b) If plant and
machinery is in the building then rented income will be not included in the
income from property.
c) If
tenant sublets the land or building then such rented income is not included in
this head.
d) If
owner of property receives amount regarding the utilities provided are not
taxable in this head.
Deductions
:-
While
calculating the income under above head following deductions and allowances are
allowed :
1. Local
Taxes :-
The
amount of taxes paid to any local authority of govt. are also deduct able from
the income of the property owner.
2. Repairing
Expenses :-
If
property is given on rent and the owner of the building bears the repair
charges. AS a repair allowance one fifth of the annual letting value can be
deducted as a repair charges. This amount is fixed whether actual expenses are
more or less.
3. Interest
On Loan :-
If
any person borrows the capital and purchases or constructs or repairs the
building. The amount of interest paid such on capital can be deducted.
4. Interest
On Mortgage :-
The
amount of interest paid on the property which is mortgage or under any other
capital charge is allowable deduction.
5. Ground
Rent :-
If
the property is subject to ground rent only then the amount of rent paid is
allowable deduction.
6. Insurance
Premium :-
If
the property is insured against the rise of damage or destruction the amount
paid as a premium to insurance company is deductible.
7. Vacancy
Allowance :-
For
some period if property remains vacant the value of that particular period can
be deducted as vacancy allowance.
8. Collection
Charges :-
A
landlord spends some money in collecting the rent from the tenant such
expenditure or 6% of annual value after deducting the other allowances which
ever is less is deductible.
9. Rent
Unrecovered :-
If
the owner of the house has failed to recover the rent from the tenant then it
is deductible in the following cases.
a) It is necessary that
tenancy must be real.
b) The defaulter has
vacated the property.
c) The
owner has taken steps to compel the tenant to vacate the property.
d) Such
defaulter has not occupied any other property of the assessee.
e) For the recovery of
unpaid rent, owner has taken all the steps for legal proceedings.
10. Rent Share
If
any scheduled bank has contributed the capital for the construction or purchase
of any property then the amount of any share of rental income paid to such
institution is also deductible.
11. Legal Expenses :-
Expenses
paid or payable by a person in the tax year for legal services to defined the
property or any suit in the court can be deducted from the rent chargeable to
tax.
Provident
Fund :-
This
fund is maintained by a govt. and private organizations for the benefit of the
employees. This fund is consists upon the following :
I) Contribution
of the employee
II) Contribution of the
employer
III) The interest credited
Every
month a particular amount is deducted from the employees salary. Generally
employer also contributes the same amount in this fund.
Provident
fund is invested in profitable business. So the amount of interest is credited
in this fund. At the time of retirement the whole amount paid to the employee.
KINDS
:
1. Govt.
Provident Funds :-
It
is maintained by Govt. and sami govt. organizations :
Example : I) Federal Govt.
ii) Provincial Govt.
a) Employees
contribution to this fund is chargeable to tax.
b) Employer contribution
is not included in salary and not chargeable to tax.
c) Interest
on provident fund is not included in salary and not chargeable to tax.
d) The amount paid to the employee at the time of retirement is not taxable.
d) The amount paid to the employee at the time of retirement is not taxable.
2. Recognized
Provident Funds :-
This
fund is maintained by a private organizations after completing the conditions
prescribed by law.
For
the recognition of this fund application is submitted to the income tax
commissioner. If the grants recognition to such funds then it is called
recognized provident fund. This fund is beneficial for the both the employer
and employees.
Treatment:-
I) Employers
contribution is not included in the salary and it is taxable.
II) Employees
contribution is included in the salary and it is taxable.
III) Interest credited to this fund is
not included in salary and the rate of interest is exempt up to 16% or 1/3 of
the salary.
IV) The amount of fund received by
the employee is tax free.
3. Unrecognized
Provident Fund :-
If
the private organization maintains such fund without the recognition of the
income tax commissioner, it is called unrecognized provident fund.
Treatment:-
I) Employees
contribution is included in the salary and not taxable.
II) Employers
contribution is not included in the salary and also not taxable.
III) Interest credited is also
not taxable.
At
the3 time of retirement such amount received is taxable to the extent of
employers contribution is taxable and interest there on.
1.
Employee Case :-
a) If an employee
receives free medical treatment or hospitalization from the employer, such
benefit will be exempt from tax.
b) If an employee
receives re-reimbursement of medical expenses under the terms of employment
such expenses will be exempt from tax.
c) If medical
allowances are given then 10% of the basic salary is exempt from tax. Other
than employee.
In
this case personal expenditure on medical service is exempt up to 10% of the
basic salary.
Conditions
:
Name
of the practitioner and address
National
tax number of the clinic or hospital should be given on the bill.
Bills
should be certified by the employer.
2.
Entertainment Allowance :-
Following
are the important rules regarding the above allowance :
a) If an employee spends
the amount on entertainment and this amount is re-imbrued by the employer then
such amount is not taxable.
b) If entertainment like
tea and coffee provided to the employee at the office during the working hours
is not taxable.
c) Except
the above cases entertainment allowance is taxable.
3. Special
Allowance :-
While
performing the official duties some allowance are provided to the employee to
meet such expenses. These expenses are called special allowances. These
allowances are not taxable.
4. Loan
To Employee :-
If
any receives the loan from his employer without profit or at the lower rate
than the benchmark rate then following rules shall be applied :
a) No Profit
: In this case profit will be calculated according the benchmark
rate and it is included in the salary.
b) Profit rate paid is
less : If profit is paid less than the benchmark rate then this difference will
be included in the salary head.
5. Utilities
Allowance or Fee Provision Of Utilities :-
Following
items are included in the utilities :
Electricity
Gas
Water
To meet above expenses employer pays some amount to the
employee which is called utilities allowance. Such amount is not taxable up to
10% of the minimum time scale.
SALARY
:-
It
is the first source which is given in the heads of income. It is chargeable to
tax. The term “Salary” is used in the wider sense. It includes the following
receipts :
1. Salary
and wages.
2. Profits
in lieu of or in addition to salary or wages.
3. Fees
commission or allowance.
4. Annuity,
pension or gratuity.
5. Prerequisites.
ESSENTIALS
OF SALARY INCOME :-
Following
are the important features of salary income :
1. Existence
Of Relationship :-
It
is necessary that the relationship between employer and employee must exist.
The amount must be paid by the employer to the employee. The employer may be present
or past, there is no difference under this head the income can not be taxed
without this relationship.
2. Earned
Salary :-
Whether
received or not salary earned is taxable.
3. Income
Paid In Own Country :-
Income
paid by foreign government is not taxable under the salary head. Income paid by
the government or the company or by any employer in own country is considered
salary.
4. Salary
Of Service :-
Amount
received without any service will be not considered salary. It is necessary that
salary or reward must be for some past, present or future services.
5. Employee
:-
In
case of company managing director, directors and agent of a company is also
included in employees.
6. Pension
:-
It
is also included in the salary head. Because it is the income which is due to
employee for his past services.
7. Salary
Received Is Taxable Whether Earned or Not :-
(a) Minimum
time scale
It
means the amount from where the salary scale of the employee starts.
(b) Basic
salary
It
means the pay and allowances payable monthly but following does not include :
Dearness
allowance
Contribution
of employer in provident fund
Interest
on provident fund
Medical,
conveyance and special allowance
Utilities
and entertainment allowance
ACCOMMODATION:-
House
Rent Allowance : Amount received by a salaried person as a house rent allowance
is exempted from tax up to 45% of the basic salary or minimum time
scale. ON the other hand if an assessee has been provided an accommodation the
allowance shall be made according the rules.
Heads
Of Income :-
There
are different sources of income. Income of a person may be divided under the
following six heads when we want to calculate the income tax. It is necessary
to classify the income under various heads. Because every source of income has
separate rules for exemption. Such policy is adopted to provide justice. Other
benefit is that all types of income under this head may create difficulties for
assessment.
These
are six heads of income which are given below :
1. Salary
2. Income
from house property.
3. Income
from business or profession.
4. Capital
gains.
5. Income
from other sources.
Now
if any person who earns the income will fall in any one of the above head.
There is also one general head which is called other sources it is very
important. If the income of any person does not fall in the first four heads
then it will be included the last one.
ROYALTIES:-
According the income tax ordinance it means any amount paid or payable for :
a. The use of any patent, invention, design, model, trademark, secret formula etc.
b. Any amount paid or payable for the use of copyright artistic or scientific work, or video tapes for T.V. Or radio.
c. Any amount paid or payable for the right to receive any sounds or visual images through satellite cable or similar technology for T.V, Internet.
Example: - Some time private companies pay the royalty to show the cricket match through satellite cable in our country played in any part in the world.
d. Any amount which is received to supply any technical or commercial knowledge or experience or skill is also called royalty.
e. The right to use any industrial, commercial or scientific equipment.
f. The disposed of any property right referred above.
Explanation:-
In the above cases royalty means any amount paid or payable as considered for the transfer of rights to use the assets.
SPECULATION BUSINESS:-
It means any business in which contract for the purchase and sale of any commodity (including stock and shares) is periodically or ultimately settled otherwise than by actual delivery or transfer of the commodity. Following are not included in business :
a). A contract by person during the manufacturing or mercantile business to guard against loss through future price fluctuations for the purpose of fulfilling the other contracts for the actual delivery of the goods.
b). IN case of stocks and shares a contract by a dealer or investor to guard against loss in his holding through price fluctuation.
c). A member of stock exchange or forward entered in to a contract in the course of transaction to guard against any loss which may arise in the ordinary course of the persons business
TAX PAYER :-
Under income tax ordinance tax payer means;
a). A person who receives income which is chargeable to tax.
b). Representative of a person
c). A person responsible to collect, deduct and deposit it with the govt.
d). A person required to furnish a return and pay tax.
Explanation :-
Following persons are required to file the return,
1. Every company.
2. If total income of any person exceeds than specific amount in a tax year.
3. Any person who owns a motor vehicle.
4. Any person who travel abroad except Hajj or Umrah.
5. Subscriber of a telephone or mobile.
6. Member any club who pays admission fee more than specific amount.
7. If the income of the person has been charged to tax in any of the proceeding years.
Exemptions :-
Following persons are exempted to file the return of their total income,
a) A disable person
b) An orphan below 25 years of age.
c) A widow.
d) A non-resident in respect of immoveable property.
According the income tax ordinance it means any amount paid or payable for :
a. The use of any patent, invention, design, model, trademark, secret formula etc.
b. Any amount paid or payable for the use of copyright artistic or scientific work, or video tapes for T.V. Or radio.
c. Any amount paid or payable for the right to receive any sounds or visual images through satellite cable or similar technology for T.V, Internet.
Example: - Some time private companies pay the royalty to show the cricket match through satellite cable in our country played in any part in the world.
d. Any amount which is received to supply any technical or commercial knowledge or experience or skill is also called royalty.
e. The right to use any industrial, commercial or scientific equipment.
f. The disposed of any property right referred above.
Explanation:-
In the above cases royalty means any amount paid or payable as considered for the transfer of rights to use the assets.
SPECULATION BUSINESS:-
It means any business in which contract for the purchase and sale of any commodity (including stock and shares) is periodically or ultimately settled otherwise than by actual delivery or transfer of the commodity. Following are not included in business :
a). A contract by person during the manufacturing or mercantile business to guard against loss through future price fluctuations for the purpose of fulfilling the other contracts for the actual delivery of the goods.
b). IN case of stocks and shares a contract by a dealer or investor to guard against loss in his holding through price fluctuation.
c). A member of stock exchange or forward entered in to a contract in the course of transaction to guard against any loss which may arise in the ordinary course of the persons business
TAX PAYER :-
Under income tax ordinance tax payer means;
a). A person who receives income which is chargeable to tax.
b). Representative of a person
c). A person responsible to collect, deduct and deposit it with the govt.
d). A person required to furnish a return and pay tax.
Explanation :-
Following persons are required to file the return,
1. Every company.
2. If total income of any person exceeds than specific amount in a tax year.
3. Any person who owns a motor vehicle.
4. Any person who travel abroad except Hajj or Umrah.
5. Subscriber of a telephone or mobile.
6. Member any club who pays admission fee more than specific amount.
7. If the income of the person has been charged to tax in any of the proceeding years.
Exemptions :-
Following persons are exempted to file the return of their total income,
a) A disable person
b) An orphan below 25 years of age.
c) A widow.
d) A non-resident in respect of immoveable property.
DIVIDEND
:-
The
profit which is distributed among the shareholders or modarba certificate
holders after paying the tax is called dividend.
Payment
Included In Dividend :-
Following
payments made by the company to its shareholders are treated as dividend.
- Payment
Out Of Profit :-Any payment made by a company
out of accumulated profits to the shareholders.
- Current
Year Profit :-Distribution of cash out of
current year profit to the shareholders.
- Payment
Of Liquidation :-The
profits which are paid on the liquidation of a company to the shareholders
and modarba certificate holders are also included in the dividend.
- Capital
Reduction :-Distribution of profit on the
reduction of capital to the extent to which the company possessed the
accumulated profit.
- Premium
On Shares :-Distribution of cash made by
the company out of share premium to the shareholders is also included in
dividend.
6. Bonus
Shares :-If
profit is distributed among the shareholders in the shape of bonus shares these are also included in dividend.
- Debentures
:-If profit is distributed among
the shareholders and modarba certificate holders in the shape of
debentures, these are also included in dividends.
- Deposit
Certificate :-Profit distributed among the
shareholders in the way of deposit certificates is also included in
dividend.
Not
Included In Dividends :-
Following
amounts are not included in the dividend :
- Loan
: A loan which is advanced by the company to the shareholders.
- Full
consideration : Distribution at the time of liquidation or reduction of
capital in respect of any share for full consideration is not included in
the dividend.
CAPITAL
ASSET :-
Any
property held by any tax payer is called capital asset, it may be
connected with the business or not. However following items may not be included
in the capital asset.
Exclude
items :
- Any
stock in trade : The car available in show
room for the purpose of sale stock in trade and not included in capital
asset.
- Shares
for sale : If shares are in the hand
of shares dealer for the sale purpose these are also stock in trade and
not included in capital asset.
- Consumable
store : If any manufacturing
concern keeps some spare parts in his store for the use of his own
machinery is called consumable store. So it is excluded from the capital
asset.
- Raw
material held : If any Jute mill holds a
raw material for its business purposes, it will be not included in capital
asset.
- Depreciate
asset : If a tax payer is allowed
a depreciation deduction on any asset which is used for the business
purpose is not included in capital asset.
Example
:-
- car,
motor cycle, van used for the business purpose can not be included in
capital asset.
- Trademark
purchased and used in the business is also not included in capital asset.
- Movable
property : Car, jewelery, furniture, T.V.
Etc. held for personal use are not included in capital asset.
- Immovable
property : It is also not included
in capital asset.
CHARITABLE
PURPOSE:-
Relief
for education, relief for medical, relief for the poor and the advancement of
any other object of general public utility includes in the charitable purposes.
Explanation
:
Suppose
Mr. Amir a taxpayer gives 100,000 rupees scholarship to the poor students
during the tax year. This amount will be called charitable donation and this
amount relief will be provided to Mr. Amir (taxpayer).
PARTLY
AGRICULTURAL AND PARTLY NON-AGRICULTURAL INCOME:-
The
income whose some portion is agricultural while other portion is
non-agricultural.
Example
1 :
Income
received from growing tobacco is agricultural income. While manufacturing
cigarette is non-agricultural.
Example
2 :
Income
from growing sugarcane is agricultural income while manufacturing sugar is non-agricultural
income.
Example
3 :
Income
from growing leaves is agricultural while making it in tea is non-agricultural
income.
In
above examples growing of crops is an agricultural process because it fulfills
the conditions of agricultural income.
While
manufacturing process is chargeable to tax under the head of “income from
business and profession.” So it is non-agricultural income
PARTLY
AGRICULTURAL AND PARTLY NON-AGRICULTURAL INCOME:-
The
income whose some portion is agricultural while other portion is
non-agricultural.
Example
1 :
Income
received from growing tobacco is agricultural income. While manufacturing
cigarette is non-agricultural.
Example
2 :
Income
from growing sugarcane is agricultural income while manufacturing sugar is
non-agricultural income.
Example
3 :
Income
from growing leaves is agricultural while making it in tea is non-agricultural
income.
In
above examples growing of crops is an agricultural process because it fulfills
the conditions of agricultural income.
While
manufacturing process is chargeable to tax under the head of “income from
business and profession.” So it is non-agricultural income
AGRICULTURAL
INCOME:-
Income
received from the following sources is called agricutural income according the
income tax ordinance.
1.
Income received from land situated in his own
country.
2.
Land is used for agricultural purposes.
Explanation
:-
Rent,
revenue or income received from the sale of any product grow in his own country
land is called agricultural income. The product must be produced by employing
the human labour.
Note
: If
any thing which is produced from the land without human effort then it will be
called non-agricultural income.
Example
1 :
Spontaneous trees grown without human labour is non-agricultural income.
Example
2 : A
person grows rice and sells the crops. The amount receives is called
agricutural income.
Example
3 : A
landlord grows plants and trees on his land. The income he derives from that is
called agricultural income.
Example
4 : A
landlord receives the rent in the form of crops this share of product is also
called agricultural income.
Types
Of Agricultural Income:-
Following
are the important kinds of agricultural income:
1.
Income of the cultivator :-
By
cultivating the agricultural land a lessee receives the income, which is called
agricultural income.
2.
Rent of land :-
Rent
received by the owner of agricultural land is also called agricultural income.
3.
Selling of crop :-
Cash
received by selling the agricultural product is also called agricutural income.
For example if a producer sells the 1000 Kg sugar and receives Rs 50,000 will
be called agricutural income.
4.
Building :-
Income
received from any building which is used for agricultural purposes is called
agricultural income.
5.
Process of production :-By growing the
agricultural product a cultivator receives the income. It is also called
agricultural income.
6.
Examples Of Agricultural Income :
1.
Income of the lessor (rent).
2.
Income of lessee.
3.
Income from the cultivation.
4.
Fee paid for renewal of lease.
5.
Income from sale of sugarcane, tobacco and
wheat etc.
6.
Income received from the building used for
agricultural purposes.
NON
AGRICULTURAL INCOME :-
Following
incomes are not included in agricultural income.
1.
Any income received from the land which is
not used for agricultural purposes.
2.
Income not received from land.
3.
Income received from the land which is not
situated in his own country.
Examples
:
1.
Income received from flour mill.
2.
Income from market.
3.
Income from selling trees.
4.
Income from cutting trees.
5.
Income received from land used for storing
timber.
6.
Income from mining.
7.
Income from supply of water for irrigation.
8.
Income from stone quarries.
9.
Income from fisheries.
10. Income
from sale of earth for the bricks making.
11. Income
from cotton ginning factory.
TAX
YEAR :-
This
concept has been introduced through income tax ordinance. It is period of time
for which tax is to be collected regarding a person. Tax year has three kinds.
1.
Normal tax year
2.
Special tax year
3.
Transitional tax year
1.
Normal Tax Year :-
Normal
year is period of 12 months ending on 30th June.
2.
Special Tax Year :- Central board of revenue
(CBR) may specify a period of 12 month as a tax year for any person or class of
persons
Example
1 :
CBR
has declared special year for the companies manufacturing cotton textiles or
sugar w.e.f.1st October to 30th September (12 months ).
Example
2 :
All
persons exporting rice the special year is w.e.f. 1St January to 31st December.
Example
3 :
All
persons caring on business of oil is w.e.f. 1St September to 31st August.
Example
4 :
The
period of special year for all the insurance companies is from 1st January to
31st December.
Transitional
Tax Year :-
If
central board of revenue (CBR) or commissioner of income tax changes the tax
year of any person or class of persons, it results in the emergence of changing
tax period which is known as transitional tax year. This tax year consists of
the period.
(1) Before change end of the
last year.
(2) Start of the changed tax
year.
Example
:
Suppose
Mr. Ash was observing special tax year (1-1-2009 to 31-12-2009) nowhe applies
for change and wants to adopt the period of 12 month from 1-7-2010o 30-6-2011
The commission allows him the change according the new change next tax year
will start from 1-7-2010to 30-6-2011 So transitional tax of year will be from
1-1-2011 to 30-6-2011.
1-1-2009
to 31-12-2009
1-7-2010
to 30-6-2011
1-1-2010
to 30-6-2010
ASSESSMENT
:-
In
simple words assessment means analysis or investigation of one's income to
determine the tax ability of that person. When any person whose income is
likely to be chargeable to tax, he is asked to file a return of his total
income. When he files the return then keeping in view the return it is decided
that he should be taxed or not.
Main
Point :-
1.
Computation of total income.
2.
Computation of payable tax.
3.
Computation of refund
4.
Adjustment of loss or carry forward loss.
ASSESSEE
:-
In
simple words we may say that a person who has to pay income tax, super tax,
interest, penalty etc, under the income tax act is called assessee.
An
assessee may fall under the following categories.
1.
Individual
2.
Company
3.
Firm
4.
Local authority
5.
Association of persons
ASSESSMENT
YEAR :-
The
year in which the income was earned is called income year. The year in which
the income is taxed is called assessment year in the income tax ordinance. The
person whose income is being taxed is known “ Assessee ”. While the procedure
adopted for charging the income to tax is called “Assessment”
Definition
Of Assessment: - Assessment
year means the period of 12 months beginning on the first day of July next
following the income year and includes any period that is deemed under the
provision of this ordinance to be the assessment year in respect of tax year.
Example
:- Suppose
Mr. Wax is a professor in Admin college. He will adopt financial year as his
income year. His income year started on 1-7-2009 and ended on 30-6-2010. Now
assessment year of this income will be of 12 months from 1-7-2010 to 30-6-2011.
Because “Assessment year” must start immediately following the income year.
Explanation
:-
1.
This is a year in which assessee pays the
tax.
2.
It is a period of 12 months.
3.
Period starts from 1st July and end on 3oth
June.
4.
Tax is paid on the income of previous year.
5.
Assessment year starts when income year ends.
APPELLATE
TRIBUNAL :-
It
has been defined in the income tax ordinance.
Explanation
:-
Sometimes
dispute arises between the taxpayer and tax department. In this case appeal is
made to Appellate tribunal. It consists of judicial as well as accountant
members. It is the highest judicial
authority
in case of tax matters and its decision on point of facts is final. However the
matter may be referred to the high court.
APPROVED
GRATUITY FUND :-
Under
income tax ordinance the commissioner income tax grants this approval.
Explanations
:-
Main
Points :
(1) This fund is maintained by
the govt. and private organizations.
(2) It is contributed by
employer.
(3) It is for the benefit of
their employees.
(4) It is normally paid to the
employees at the time of retirement.
(5) In case of death it is paid
to family of the employee.
(6) If gratuity fund is
approved then employer gets a lot of benefits.
Advantages:-
This
expenditure fund of the employer is treated as business expenditure, so it is
deducted from the profit and net profit reduces. The amount of tax will be also
reduced.
APPPROVED
SUPERANNUATION FUND:-
Under
income tax ordinance, the commissioner income tax approves this fund.
Main
Points:
1. This fund
is maintained by the employer.
2. It is for
the benefit of the employees.
3. Its
benefit is provided after retirement.
4. It is
paid at the time of disability.
5. If
employee dies then it is paid to his family.
6. This fund
is treated as business expenditure. So net profit and taxable amount reduces.
Note
: The
govt. pays the pension to the widows and orphans of the deceased employees out
of this fund.
Income tax law contains few terms which are exclusively meant
for this subject. These terms have some specific meanings in the income tax
ordinance. Important definitions have been explained under the section of
income tax ordinance. To follow the subject more easily it is necessary that we
should completely understand these definitions. Important definitions are given
below :
TAX:-
Any
amount which is imposed under the income tax law is called tax. It is also
includes (a) Income tax (b) Fee (c) Penalty (d) Additional (e) Any other
charges.
INCOME
:-
According
to income tax ordinance income means
(a) Any amount chargeable
to under tax this ordinance.
Explanation
:-
Income
received from the following heads :
1. Salary
2. Income
from business
3. Income
from property
4. Income
from capital gains
5. Income
from other sources
(b) Any amount subject to
collections or deduction of tax at the time of import of goods.
Explanation:-
The
value of import has been treated as income of the importer. So collector custom
collects the tax the prescribed rates from the importer.
(c) Any payment received
by a resident from a prescribed person for supply of goods and services.
Explanation:-
Under
the income tax law the total amount received against sale of goods or rendering
of services is treated as income.
(d) Any amount received as
export proceeds.
Explanation
:-
Under
the law any foreign exchange received against exports is treated as income.
(e) Amount received on
prizes and winnings.
Explanation
:-
Under
the law the amount received on prizes and winnings is treated as income.
(f) Any amount collected
from a person being the owner of goods transport vehicle by the excise
department.
Explanation
:-
Under
the law, owner of the vehicles have to pay advance tax, so this amount is
treated as income.
(g) Any loss of income.
Explanation
:-
in
case of (a) there is a chance of loss. So such loss is also considered income
by the law.
TAXABLE
INCOME :-
The total
income of the person for a tax year as reduced by any deductible allowances is
called taxable income.
Note
: It
shall never be less than zero.
ACCUMULATED
PROFITS :-
It
means :
a) All reserves
maintained by a business out of its profits.
b) All profits of the
company up to the date of distribution.
c) These
profits kept in whatever shape will be treated as accumulated profits up till
their distribution to the shareholders.
Explanation
:-
Sometimes
a portion of earned profit is set a side by business for future use. It may be
used for a specific purpose or may be distributed among the owners. For tax
purpose such amount is treated as accumulated profit.
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