SALARY ch3 - Google Docs
SALARY ch3 - Google Docs
T axation
From the desk ofM. Khalid Petiwala
Chapter 3
SALARY
1. Basic Tax Structure of Salary
o A
ppliedattheinstructionofthepersonorunderanylawe.g.taxdeductedat
source and deposited into the Government treasury
o M
ade available to the person e.g. a cheque issued to an employee or a
benefit in kind is made available to an employee.
2. D
efinition of salary
Salary means any amount received by an employee from any employment including:
(a) P ay, wages, leave pay, leave encashment, overtime, bonus, commission, fee,
gratuity or work condition supplements such as for unpleasant or dangerous
working conditions.
(b) Perquisites.
(c) A llowancessuchasconveyance,rent,utilities,entertainmentortravelallowance
excluding any allowance solely expended for office purpose.
(e) Pension
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Chapter 3: Salary
.1 Perquisites
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Allowanceisafixedamountirrespectiveofactualexpenditurewhereasperquisiteisany
itemprovidedbytheemployerinkindorcashreimbursedforexpensesincurredbythe
employee other thanforofficepurpose(reimbursementmaybesubjecttoamaximum
limit) including:
(a) Motor vehicle provided wholly or partly for private use by an employee
(g) airMarketValue(FMV)ofanypropertytransferredoranyserviceprovided
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toanemployeeasreducedbyanypaymentmadebytheemployeeinthis
respect.
hisprovisionisnotapplicablewheretheamountofloandoesnotexceed
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Rs.1,000,000.
2.2 P
rofits in lieu of salary
Any amount received as profit in lieu of salary including:
(b) mount on termination of employment, compensation for loss of
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employment and golden handshake payment.
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hapter 3: Salary
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This amount may be taxable @ last 3 years’ average rate of tax at the
option of taxpayer.
I f this option is exercised then the said amount shall become a separate
block of income on which tax shall be calculated at a rate as under:
e
● nter into an employment agreement
● any condition or restriction with reference to past, present or future
employment
r. M had received a salary of Rs.350,000 per month for a period of 6 monthsupto
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December 20X4.
His taxable income and tax liability during the preceding 3 tax years were as under:
ax Year
T 0X2
2 20X3 20X4
Taxable income Rs. 2,700,000 3
,100,000 3 ,650,000
Tax liability s. 472,500 5
R 42,500 6 50,000
equired:
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Asataxconsultant,adviseMr.Mabouttheamountofincometaxpayablebyhimforthe
tax year 20X5, under the Income Tax Ordinance, 2001.
. Employment relationship
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An amount or perquisite shall be treated as received by an employee from any
employment regardless of whether the amount or perquisite is paid or provided –
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hapter 3: Salary
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(a) by the employee’s employer, an associate of the employer, or by a third
party under an arrangement with the employer;
(c) to the employee or to an associate of the employee or to a third party
under an agreement with the employee.
he value taken for this purpose shall not be less than 45% of minimum of the time
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scale (MTS) or the basic salary in the absence of time scale.
ote:
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Houserentallowanceisfullytaxableandthereisnoconceptofminimum45%incase
of house rent allowance.
( a) If a conveyance is provided by an employer, its value to be included in taxable
income of the employee shall be worked out as under:
onveyance provided
C mount to be included in taxable salary
A
Partlyforpersonalandpartly If purchased by the employer:
for office use 5% of the cost of vehicle to the employer
Note:
MV at the commencement of lease does not
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include finance charge and therefore finance
charge included in the lease transaction is not
taxable for the employee.
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Chapter 3: Salary
For personal use only 10% of the cost of vehicle to the employer or
10%ofFMVofvehicleatthecommencementof
the lease.
( b)5%or10%asaboveshallbereducedproportionatelywherethevehicleisprovided
to the employee for a part of the year.
( c)Anydeductionfromthesalaryofemployeeinthisrespectshallbereducedfromthe
taxable amount of this perquisite.
xample
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Mr. Akmalisworkingasaseniorengineerinalocalcompany.Theinformationrelevant
to his employment for the tax year 20X8 is as under:
(iii)Car provided by the company on 1.2.20X8 for office and personaluse.Costof
the car is Rs.2,000,000.
(iv)Rs.3,000 per month is being deducted from his salary on account of company
maintained car.
You are required to compute the taxable income of Mr. Akmal for the tax year 20X8.
Solution:Rs.2,114,096
.1 Pension
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Pension is fully exempt irrespective of age limit subject to two conditions:
o I f an employee works for the same employer or any of its associates after
retirement then pension shall be taxable.
o I f apersonreceivesmorethanonepensionthenexemptionshallapplyonlyto
the higher of such pensions received.
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hapter 3: Salary
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Thesetwoconditionsarenotapplicableforapersonover60yearsofage[FBR’sCircular
28 of 1991].
5.2 Gratuity
iv) Unapproved Gratuity xempt up to Rs.75,000 or 50% of
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amount receivable whichever is lower.
Exemption in case of unapproved gratuity shall not apply in the following cases:
▪ Anygratuityreceivedbyadirectorofacompanywhoisnotaregularemployee
of such company
▪ Anygratuityreceivedbyanemployeewhohasalreadyreceivedanygratuityfrom
the same or any other employer.
i. Free or subsidized food provided by hotels and restaurants to its employees
uring duty hours;
d
ii. Free or subsidized education provided by an educational institution to the
c hildren of its employees.
5.4 Medical
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Chapter 3: Salary
a) M
edical facility or
reimbursement of medical
expenses:
b)
oMedical allowance Exempt up to 10% of basic salary.
owever, medicalallowanceisfullytaxableifitisin
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addition to medical facility or reimbursement in
accordance with terms of employment.
edicalfacilityorreimbursementisexemptifNTNof
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medical practitioner and employer’s attestation are
available
mployer’s yearly contribution and yearly interest are taxable when received by the
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employee.
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Chapter 3: Salary
- s.150,000; or
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- 10% of (Basic + Dearness Allowance [DA])
xample:
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Basic salary Rs.960,000
Dearness allowance Rs.96,000
Bonus Rs.300,000
Employer’s contribution to the recognized PF Rs.120,000
Interest credited to PF account Rs.432,000 @ 18% of accumulated balance
nswer:
A
Basic salary 960,000
Bonus 300,000
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Chapter 3: Salary
I nterest credited @ 18% 432,000
Less: Interest @ 16% 384,000
or 1/3rd of basic + DA 352,000
whichever is lower 352,000 0,000
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Taxable salary 1,450,400
owever,acompanymaychargeanamount(calledexerciseprice)againsttheissueof
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option and / or shares which is less than Fair Market Value (FMV) and therefore an
employment benefit arises.
axableatFMVatthedateofissueof
T axableatFMVatthedateatwhichthe
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shareslessanyconsiderationgivenby employee has a free right to transfer
the employee for shares / option or the shares less anyconsiderationgiven
right by the employee for shares /optionor
right
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hapter 3: Salary
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7.4 Gain on shares subsequently disposed off fallsundertheheadcapitalgainand
forthispurposecostofsharesshallbethetotalofconsiderationgivenbytheemployee
for shares / option or right and the amount taxed under the head salary in this respect.
uestion:
Q
Mr. A got anoptionof500sharesunderEmployeeShareScheme(ESS)fromaprivate
company.HepaidRs.3persharefortheoptionandisrequiredtopayRs.7pershareat
the time of exercise of option.
eexercisedoptionbypayingRs.3,500for500sharestothecompanywhentheFMVof
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shares was Rs.33 per share.
Solution:
iii. ccommodationfacilityprovidedbytheemployerhasbeenavailedbyMr.Z(fair
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marketrentRs.540,000).Houserentallowanceincashisotherwiseavailable@
40% of the basic salary if an employee does not avail accommodation facility.
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hapter 3: Salary
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vi. Leavefareassistance(LFA)Rs.204,000withreferencetoa10daysleaveavailed
by Mr. Z.Thisamountrepresentscashallowance.HevisitedIslamabadwithhis
family.
x. ereceivedmedicalallowanceofRs.135,000.Healsoreceivedreimbursementof
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medical expenses of Rs.195,000 as per policy for whichhehasproperreceipts
with NTN of the medical practitioners.
xi. He received Rs.2,400,000 as inheritance out of a civil court in a case filed 10
y ears ago.
Answer to Illustration:
Mr. Z
ax year 20X8
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omputation of taxable income and tax liability
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SALARY
Basic salary 1,440,000
Dearness allowance 144,000
Accommodation: 45% of basic salary 648,000
Bonus 240,000
Conveyance allowance 144,000
LFA: cash allowance 204,000
Lunch allowance 108,000
Overtime 69,000
Leave encashment 97,500
Medical allowance 135,000
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hapter 3: Salary
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Reimbursement of medical expenses 195,000 xempt
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Taxable income 3,229,500
1. T he amount of golden handshake is taxable in the current tax year at normal
slab rate along with other salary items of the current tax year; and
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Chapter 3: Salary
olden handshake
G ,000,000
4
Taxable salary including golden handshake 6,250,000
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