Ambiguity in levy of tax on trust income removed: FBRArchive
ISLAMABAD: The Federal Board of Revenue (FBR) has introduced changes in the definition of a company to remove ambiguity in the levy of income tax on trust income.
An official statement issued here said that Section 80 of the Income Tax Ordinance 2001 only defines various entities as individuals, association of persons or companies. Trusts have also been included in the definition of the companies in the same section which states that company also means a trust, an entity or a body of persons established or constituted by or under any law for the time being in force.
The FBR was of the view that the above definition of trust also includes foreign trust since it speaks of the establishment of trusts under any law for the time being in force and is not restricted to trusts established in Pakistan only.
However, certain quarters have raised the issue that foreign trusts are not specifically included in the above mentioned definition of trust and do not fall in the ambit of person for Income Tax Law.
To remove this ambiguity and for the purposes of clarity, an explanation is proposed to be added in clause (vb) of sub-section (2) of section 80 which clarifies that a trust under this clause includes a foreign trust.
Published in Dawn, June 8th, 2016