Persons who paid tax under the amnesty scheme, but failed to make declarations within the due date, have been allowed to take credit of the said tax in their income tax returns for the Tax Year 2018. The FBR has issued circular number 7 of 2018 Wednesday.
According to the FBR, under sections 5 and 6 of the Voluntary Declaration of Domestic Assets Act, 2018 and Foreign Assets (Declaration and Repatriation) Act, 2018 a declarant was required to make declaration to the Federal Board of Revenue by the due date. The due date was 30th June, 2016 under section 6 of the aforesaid Acts. However, the aforesaid section was amended through Presidential Ordinances namely the Voluntary Declaration of Domestic Assets (Amendment) Ordinance, 2018 and the Foreign Assets (Declaration and Repatriation) Ordinance, 2018 and the due date was extended up to 31st July, 2018. Any person who paid tax under the aforesaid Acts but failed to make declaration within the due date under sections 5 and 6 of the aforesaid Acts to the Federal Board of Revenue, cannot take credit of the assets against which tax was paid under the aforesaid Acts in their wealth statements under section 116(2) of the Income Tax Ordinance, 2001 as they failed to avail the amnesty schemes under the aforesaid provisions of Acts.
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However, such persons can take credit of the said tax in their returns for the Tax Year 2018 by adjusting the same against its tax liability for the Tax Year 2018. In order to take credit of the aforesaid tax, they have to apply online on the web portal of FBR for correction of their CPRs as per procedure circulated by FBR vide Circular I (2)-SS (BDT)/18-CPR 119196-R dated 05-10-2018 to change the payment section from “5 – Payment of Tax Under Voluntary Declaration of Domestic Assets Act, 2018 – 92034” to-
(i) “9202 – 147 – Advance Income Tax” if payment was made before 30th June, 2018 or
(ii) “9203 – 137 – Admitted Income Tax” if payment was made after 30th June, 2018.
(This news/article originally appeared in Business Recorder on October 25th, 2018)