Pakistan Tax

Professional Tax: Punjab Government's Perspective

Professional Tax: Historical Perspective

Professional Tax set significant legislative milestones that mark the evolution of the Professional Tax in Punjab, shaping its structure and application over the years.

1. Professional Tax: Punjab Finance Act, 1964

Professional Tax can be traced back to the Punjab Finance Act of 1964, where a uniform tax rate of PKR 30/- was established for all Professions, Trades, Callings, and Employments. However, it wasn’t until later amendments that the tax took on a more structured form.

2. Defining Categories: Punjab Finance Act, 1977

Professional Tax occurred with the Punjab Finance Act of 1977, which introduced a categorization system for the first time. Six distinct categories were defined, allowing for differentiated tax levies of up to PKR 5000/-. This marked a significant step towards a more nuanced taxation framework.

3. Federal Amendments and Reversions: Federal Finance Act, 1999

In 1999, amendments made by the Federal Parliament to the Limitation Act of 1941 had far-reaching implications for the Professional Tax landscape in Punjab. Section 6 of the Punjab Finance Act, 1977, which previously tied the tax to payable income tax at a rate of 1%, underwent changes due to federal directives.

4. Ceasing Assessment and Collection: Federal Finance Act, 2006

Further amendments through the Federal Finance Act of 2006 prevented the assessment and collection of Professional Tax based on income tax liabilities. The original tax schedule reverted to its pre-1999 form, aligning with federal mandates and subsequent enactments by the Punjab Government.

Professional Tax
Professional Tax: Punjab Government's Perspective

5. Provincial Levy and Validity: Constitution of 1973 and Subsequent Acts

Under Article 163 of the Constitution of 1973, the tax on professions, trades, callings, or employment is designated a provincial levy. The Punjab Finance Act, 1977, and subsequent schedules have imposed Professional Tax on establishments and units operating within the province, with revisions and validations outlined in federal and provincial legislation.

Professional Tax Under The Law Of The Punjab Government:

Professional Tax is a significant source of revenue for the Punjab Government, playing a crucial role in financing public services and infrastructure development. Understanding the intricacies of this tax from the government’s perspective sheds light on its objectives, implementation, and impact.

1. Revenue Generation and Fiscal Sustainability: Professional Tax

From the Punjab Government’s standpoint, the imposition of Professional Tax serves as a means to diversify revenue streams and ensure fiscal sustainability. By levying this tax on individuals engaged in various professions, the government aims to bolster its financial resources for funding essential services such as healthcare, education, and infrastructure development.

2. Equity and Social Justice: Professional Tax

The Punjab Government views Professional Tax through the lens of equity and social justice. By taxing individuals based on their professional income, the government strives to achieve a fair distribution of the tax burden, ensuring that those who benefit the most from economic activities contribute proportionately to the public coffers.

3. Compliance and Enforcement

Ensuring compliance with Professional Tax regulations is a priority for the Punjab Government. The government endeavors to maximize tax collection while deterring tax evasion and avoidance practices through robust enforcement mechanisms and strict penalties for non-compliance

4. Transparent Governance and Accountability

Transparency and accountability are core principles guiding the Punjab Government’s approach to Professional Tax administration. By maintaining transparent processes, ensuring equitable distribution of tax revenues, and upholding accountability standards, the government aims to build trust among taxpayers and stakeholders while promoting good governance practices.

Professional Tax
Professional Tax: Punjab Government's Perspective
Professional Tax
Professional Tax: Punjab Government's Perspective

Supporting SMEs and Alleviating Tax Burdens: Punjab Government’s Initiatives:

In Punjab, the government acknowledges the rich professional tax and businesses contributing to the state’s economic vibrancy. To nurture entrepreneurship and ensure inclusivity, the government has devised targeted measures to support Small and Medium Enterprises (SMEs) and alleviate the tax burden on low-income earners. These initiatives, encompassing exemptions, thresholds, and reduced rates, create an environment conducive to sustainable economic growth.

1. Tailored Exemptions for SMEs

Recognizing SMEs’ pivotal role in driving economic activity and employment generation, the Punjab Government has instituted tailored exemptions to alleviate their tax burdens. These exemptions may include relief from Professional Tax obligations or reduced rates based on business size, turnover, or industry sector. Such measures aim to provide SMEs with the necessary breathing room to thrive amidst competitive market dynamics.

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2. Thresholds for Low-Income Earners

In a bid to support low-income earners and individuals operating at the grassroots level, the Punjab Government has established thresholds for Professional Tax liability. This ensures that individuals earning below a certain income level are exempt from taxation, thereby safeguarding their financial well-being and incentivizing economic participation.

3. Reduced Rates for Specific Professions

Certain categories of professionals facing unique challenges or operating in essential sectors may benefit from reduced Professional Tax rates under Punjab’s regulatory framework. For instance, professions vital to public welfare, such as healthcare providers or educators, may enjoy preferential tax treatment to encourage their continued contribution to society.

4. Fostering an Entrepreneurial Ecosystem

By implementing measures to alleviate the professional tax burden on SMEs and low-income earners, the Punjab Government fosters an entrepreneurial ecosystem conducive to innovation and economic growth. Reduced regulatory barriers and financial constraints empower individuals to pursue their entrepreneurial aspirations, thereby stimulating job creation and fostering socio-economic development.

5. Promoting Inclusive Growth

Ultimately, the Punjab Government’s initiatives to support SMEs and mitigate professional tax burdens align with broader objectives of promoting inclusive growth and reducing economic disparities. By providing targeted assistance to those most in need and fostering a supportive environment for entrepreneurship, the government lays the groundwork for a more equitable and prosperous future for all citizens of Punjab.

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Modes of Professional Tax

Each head of Professional Tax is evaluated based on the following criteria:

Companies

On Paid Up Capital

Factories

On Numbers of Employees 

Commercial Establishments

On Number of Employees except retailers and Wholesalers

Importers and Exporters

On the Value of Goods Imported or Exported

Government Contractors

On the Value of Services Given

Government Property Developers

On the Value of Contract

Service Providers

Fixed

 

Registered companies with a paid-up capital under the Companies Ordinance, 1984

Class of Persons 

Rate of Tax Per annum

Up to PKR 5 million

PKR. 10,000/-

Exceeding PKR 5 million but not exceeding PKR 50 million

PKR. 30,000/-

Exceeding PKR 50 million but not exceeding PKR 100 million

PKR. 70,000/-

Exceeding PKR 100 million but not exceeding PKR 200 million

PKR. 100,000/-

Exceeding PKR 200 million

PKR. 100,000/-

 

Ownership of factories by persons other than companies in accordance with the Factories Act of 1932

Class of Company

Rate of Tax Per annum

Employees not exceeding 10

PKR. 1500/-

Employees exceeding 10 but not exceeding 25

PKR. 5,000/-

Employees exceeding 25

PKR. 7,500/-

Owners of businesses with 10 or more employees other than companies

Class of Persons

Rate of Tax Per annum

Within Metropolitan and Municipal Corporation limits

PKR. 6,000/-

Others

PKR. 4,000/-

All other commercial establishments other than wholesalers and retailers

PKR. 2,000/-

 

Persons involved in various professions and providing a variety of services.

Class of Persons 

Rate of Tax Per annum

Medical consultants or specialists/dental surgeons

PKR. 5,000/-

Registered medical practitioners

PKR. 4,000/-

Others including Homeopaths, Hakeems, and Ayurvedic

PKR. 3,000/-

Within Metropolitan and Municipal Corporation limits

PKR. 1,000/-

Within Metropolitan and Municipal Corporation limits

PKR. 6,000/-

Others 

PKR. 4,000/

Consultancy Services for Management and Taxes, Engineering, Technical and Scientific Experts.

Class of Persons

Rate of Tax Per annum

Within Metropolitan and Municipal, Corporations limit

PKR. 6,000/-

Others   

PKR. 2,000/-  

Lawyers

PKR. 1,000/-

Members of Stock Exchanges

PKR. 10,000/- 

Importers and exporters of goods who imported or exported goods of the following value during the previous year.

Class of Persons 

Rate of Tax Per annum

Exceeding PKR 1 lac but not exceeding PKR 1 million

PKR. 2,000/-

Exceeding PKR 1 million but not exceeding PKR 5 million

PKR. 3,000/-

Exceeding PKR 5 million

PKR. 5,000/-

An individual practicing a profession, trade, calling, or employment either completely or partially within Punjab Province was assessed to pay income tax during the prior financial year PKR. 200/-. During the preceding financial year, contractors, builders, and property developers who supplied goods, commodities, and services to a Federal or Provincial government, a company, a factory, a commercial establishment, or an autonomous or semi-autonomous organization or a local authority are liable to pay the income tax.

Class of Persons 

Rate of Tax Per annum

Not exceeding PKR 1 million

PKR. 1,000/-

Exceeding PKR 1 million but not exceeding PKR 10 million

PKR. 6,000/-

Exceeding PKR 10 million but not exceeding PKR 50 million

PKR. 10,000/-

Exceeding PKR 50 million

PKR. 20,000/-

For money changers:

Class of Company

Rate of Tax Per annum

Within Metropolitan and Municipal Corporation limits

PKR. 6,000/- 

Others 

PKR, 2,000/-

MotorCycle/Scooter dealers:

Class of Company

Rate of Tax Per annum

Within Metropolitan and Municipal Corporation limits

PKR. 10,000/-

Others 

PKR. 6,000/-

Motor Vehicle Dealers and Real Estate Agents

Class of Company

Rate of Tax Per annum

Within Metropolitan and Municipal Corporation limits

PKR. 20,000/-

Others 

PKR. 10,000/-

Recruiting Agents

Class of Company

Rate of Tax Per annum

Within Metropolitan and Municipal Corporation limits

PKR. 20,000/-

Others 

PKR. 10,000/-

​Carriage of Goods and Passengers by Road

Class of Company

Rate of Tax Per annum

Within Metropolitan and Municipal Corporation limits

PKR. 4000/-

Others 

PKR. 2,000/-

Health Clubs, Gymnasiums & Others

Class of Company

Rate of Tax Per annum

Within Metropolitan and Municipal Corporation Limits

PKR. 4,000/-

Others 

PKR. 2,000/- 

Jewellers, Departmental Stores, Electronic Goods Stores, Cable Operators, Printing Presses, and Pesticide Dealers

PKR. 2,000/-

Tobacco Vendors – Wholesalers

PKR. 4,000/-

Franchisee, Authorized Dealers/Agents and distributers

PKR. 5,000/-

Property Developer/Builders & Marketing Agent/Company engaged in the development marketing and management of residential, commercial, or industrial.

PKR. 50,000/-

Hotels, Hostels (except hostels owned and operated by an educational institute by itself) /Guest House/ Motels/Resorts providing loader facility

PKR. 5,000/-

Restaurants / Eateries / Fast Food Point / Ice Cream Parlors / Bakeries / Confectioners / Sweet Shops with air conditioner facility

PKR. 5,000/-

Taxing from a person engaged in more than one profession

Whenever a person is engaged in more than one profession, trade, calling, or employment, he must pay the tax under section 3 (2) of the Punjab Finance Act 1977 only in respect of one such profession, trade, calling, or employment.

The procedure of Survey

Surveys were conducted primarily by personal visits by the Inspector to the allotted circles, which is a conventional, but very authentic, source of survey and is still in use due to the mobility of the units. Recently, however, new methods have been adopted.

  • Directory of Industrial Establishments Punjab
  • Yellow Pages
  • SECP List of registered companies
  • Lists from Chamber of Commerce
  • Lists from Educational Departments etc.
  • Serving of Notices

Below are the three types of initial notices sent to assessees:

First Notice

For the assessment of tax under section 3 of Punjab Finance Act 1977, as amended in 1999 and 2000, the assessee is required to provide the following information and documents within the above-mentioned timeframe.

  • Date of opening of the office with documentary evidence
  • Photocopy of incorporation certificate if it is an incorporated company
  • Paid-up capital of the company with documentary evidence i.e. form “A” acknowledged by SECP
  • Value of import/export during the years to be taxed with documentary evidence (P-Copy of Income Tax Returns for the said years)
  • Year-wise value of work done/Services/Supplied goods to the Federal/Provincial/Semi-Government department or a company or a Factory or a commercial establishment or an autonomous or semi-autonomous or semi-autonomous organization or any local authority, with documentary evidence
  • Number of employees
  • Ist and last income tax returns acknowledged by Income Tax Department
  • Professional Tax receipts if paid any during last years

Second Notice

A reminder of the first notice, which expired on the specified date.

Third Notice

The assessee is reminded of the above two notices and has a final opportunity to be heard. Additionally, some Special Notices are served.

Final Call Notice 

Punjab Profession & Trade Tax Rules 1977, Section 4 (2), gives the Assessing Authority District Excise & Taxation Officer the right to decide a matter exparte on maximum taxation with 100% penalty.

Demand Notice

Under Section 6 of the Punjab Professions and Trade Tax Rules 1977, demand notice is issued against assesses who are already assessed or exparte, within 30 days of serving the notice to the assessee. If the taxpayer fails to pay the assessed tax, the following procedure is adopted under the Land Revenue Act, 1967, via Section 6 of the Punjab Finance Act, 1977. Preliminary notice before arrest warrants or attachments under section 81/82 of the Punjab Land Revenue Act, 1967.

Arrest Warrants  

Attachment orders under the Punjab Land Revenue Act, 1967

The appeal in Case of Objection

Within 30 days of receiving the assessment, the assessee can appeal to the Director Excise & Taxation pursuant to section 4 (3) of the Punjab Profession & Trade Tax Rules, 1977, and the Appellate Authority can order to charge the whole tax or refund it.

Demand Register

Under Section 11 of Punjab Professions & Trade Tax Rules, 1977, all the paid amounts, as well as arrears, are recorded in Form P.F.T-3 in respect of all assessed units.

Taxing Year

According to section 1 (3) of the Punjab Finance Act, 1977, the taxing year runs from 1st July to 30th June (fiscal year).

Payment Duration

Before the 31st day of August of every calendar year, every person liable to pay the tax must provide to the District and Taxation Officer his name, address, occupation, or trade calls.

Crediting of Amount

The tax shall be credited to the nearest treasury in Form P.R.T-2 or the amount shall be sent to the District Excise and Taxation Officer by a postal order or by cheque drawn on State Bank of Pakistan, National Bank of Pakistan, or any other bank having clearing accounts with any of these banks.

Deleting of Demand

Taxpayers who cease to engage in a trade, profession, employment, or calling on which they are liable to pay tax shall notify the District Excise and Taxation Officer, under section 10 of the Punjab Professions & Trade Tax Rules, 1977, within 30 days of discontinuing such trade, profession, employment or calling.

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