NEW PROPERTY TAXES IMPOSED BY SHEHBAZ
SHARIF:
In
the annual budget for the fiscal year 2022-2023, the federal government
increased taxes on the real estate sector. Along with raising the advance and
capital gain taxes previously imposed on the purchase and sale of real estate,
the government has now added a new "Deem Tax" on vacant or extra
properties. Taxes and there potential effects on the real estate market would
be described here.
In
the budget presented for the fiscal year 2022-2023, the federal government has
added 440 billion in additional taxes on the real estate industry. According to
FBR Chairman Asim Ahmad, the Federal Board of Revenue submitted a proposal to
the federal government for 440 billion in new taxes, which was accepted and
included in the budget.
The
real state taxes are divided as following:
· Tax of an amount of 34 billion
rupees, on custom duties.
· Tax of an amount of 316 billion
rupees, on income tax.
· Tax of an amount 90 billion rupees,
on sales tax and federal excise duty.
The
FBR has resolved to relieve the real estate industry of 85 billion in taxes in
the upcoming fiscal year. The new budget will impose taxes totalling 316
billion. The Federal Board of Revenue also makes public the specifics of the
applied tax ratio.
DEEM TAX:
On
the underused or additional property worth more than $25 million, the FBR has
imposed a 1% Deem Tax according to the FBR value. This includes unoccupied
homes, vacant lots, abandoned farms, and any land holding with a value more
than $25 million but no recurring revenue. The government has estimated that
these properties will generate an annual income of 5%, of which 20% will be
taxed, or 1% of their FBR value.
In
addition to the property valued at $25,000,000 being exempt from this tax, your
home is also exempt. The following are some crucial details you should keep in
mind regarding this presumed rental income tax:
· You are not subject to this tax on
your own home.
· It will be assessed based on the
total FBR value of all your plots. For instance, if you own 10 plots with a
total FBR value of 100 million, the first 25 million will be free from tax,
while the remaining 75 million will be taxed at a rate of one percent of FBR
value, or 7.5 lacs a year.
· You will be required to pay the
presumed rental income tax on any built-up property, such as a home, a business,
or another structure, that is not being rented out.
The
wealthiest among us are the main targets of this tax since they invest in
numerous plots that don't generate rental income and homes that they rent out
etc. without disclosing their rental income.
Additionally, this tax is applicable if a property is rented out as follows:
· No additional tax will be assessed if
the tax imposed under Section 15 of the Income Tax Ordinance exceeds the tax
imposed under this Section.
· The difference in amounts will be
paid under this section if the tax imposed under section 15 of the income tax
ordinance is lower than the tax imposed under this section.
WITHHOLDING TAX:
Tax
withholding, often known as the process of deducting or collecting tax at
source, traditionally takes the form of an advance tax payment. It is a useful
mechanism and a significant/regular source of income.
Before
transferring the land into their name, the property buyer must pay withholding
tax. The three real estate sectors will all be impacted identically by this one
cause alone. The government raised the withholding tax in the Budget 2022–2023
from 1 and 2 percent for filers and non-filers, respectively, to 2 and 5
percent, respectively.
Assuming
any property in Pakistan, be it a house, apartment, or plot, has an FBR value
of $1 crore, the withholding tax will change to the following:
According
to the new rates, following would be the rates:
· Tax filler would pay 2 lacs tax.
· Non tax filler would pay 5 lacs tax.
Generally
speaking, an increase in withholding tax results in an increase in transfer
expenses, which are seen negatively by the real estate market.
CAPITAL GAIN TAX:
Capital
Gain Tax call be defines as the tax imposed on the profit that an investor
makes when they sell an investment is. It must be paid in the tax year when the
investment is sold. Depending on the filer's income, the long-term capital
gains tax rates for the 2021 and 2022 tax years are 0%, 15%, or 20% of the
profit. Capital Gain Tax period has been increased to six years.
· Plots/files:
If you sell a plot before 6 years, CGT will be due; beyond 6 years, CGT is not
due.
Ø Where
the holding term is less than a year, there is a 15% CGT.
Ø When
the holding period is greater than a year but not more than two years, the CGT
rate is 12.5%.
Ø 10%
CGT is applied where the holding term is greater than 2 years but not greater
than 3 years.
Ø Where
the holding term is more than three years but not more than four years, there
is a 7.5 percent CGT.
Ø Where
the holding period is greater than 4 years but not more than 5 years, there is
a 5 percent CGT.
Ø Where
the holding period exceeds 5 years but does not reach 6, there is a 2.5 percent
CGT.
Ø Where the holding duration exceeds 6 years, there is no CGT.
·
House/built-up
property: If you sell a house before 4 years, CGT will be due; beyond 4 years,
CGT is not due.
Ø Where
the holding term is less than a year, there is a 15% CGT.
Ø 10%
CGT is applied when the holding term is greater than 1 year but not greater
than 2 years.
Ø Where
the holding term is greater than 2 years but not greater than 3 years, there is
a 7.5 percent CGT.
Ø Where
the holding term exceeds 3 years but does not exceed 4 years, there is a 5
percent CGT.
Ø Where the holding duration exceeds 4 years, there is no CGT.
·
Apartment/high-rise:
There will be a first-year CGT of 15% and a second-year tax of 0%.
Ø Where
the holding term is less than a year, there is a 15% CGT.
Ø Where
the holding term is greater than a year but not more than two years, there is a
7.5 percent CGT.
Ø Where
the holding term exceeds two years, there is no CGT.
As
you can see, the focus of CGT is on non-productive assets like plots and files,
although the impact on the building or development of property, such as houses
and other structures, has rarely been amended. In addition, the apartment industry
has been given incentives.
We
can fairly anticipate that future policies of the Government will also be in
this direction since the FBR team publicly said that the purpose of adopting
this policy for CGT is to encourage individuals to invest in apartments and
vertical expansion.
Impact
of these property taxes are as following. The federal government claims that
these new property taxes will not only bring in substantial sums of money for
the government but will also deter investors and enable the common public to
purchase real estate. Additionally, people from the wealthy classes who own
numerous homes will be able to pay taxes to the government. The real estate
industry supports certain of the modifications that prevent non-filers from
investing in real estate, but others, like this "Deem Tax" and the
doubling of advance income tax on filers, are likely to have a negative effect
on this industry. It is vital to note that many
overseas Pakistanis purchase homes in Pakistan as investments or future
residences. As a result, a large share of remittances may be negatively
impacted if these individuals are deterred from purchasing homes by imposing
exorbitant taxes. Investments in real estate are likely
to be discouraged by such high taxes. Builders may suspend construction due to
limited demand and a high risk of loss due to rising inflation as a result of
the cost of construction already having increased significantly over the
previous two years.