Income from Property under Pakistan Tax Laws: Understanding the Basics

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Income from Property under Pakistan Tax Laws: Understanding the Basics

Pakistan’s tax laws outline the principles of taxation for various sources of income, including income from property. Income from property refers to any revenue generated from the use or sale of land, buildings, or other real estate assets. Property income is subject to tax under the Income Tax Ordinance, 2001, which defines property income as ‘income from house property’. In this article, we will explore the basics of income from property under Pakistan tax laws.

 

What is Income from Property?

 

Income from property refers to the income received by an individual or entity from the use, rental or sale of a property. The property may include land, buildings, or any other real estate asset that generates income. The income from property can be either rental income or capital gains from the sale of a property.

 

Types of Property Income

 

The Income Tax Ordinance, 2001, classifies property income into two types:

 

1. Income from House Property: Income from house property refers to the income generated from a residential or commercial property. It includes rental income and imputed rental income from a self-occupied property.

 

2. Capital Gains from the Sale of Property: Capital gains refer to the profit earned from the sale of a property. It includes both short-term capital gains and long-term capital gains.

 

Taxation of Income from House Property

 

Income from house property is taxed under the head ‘Income from Business or Profession’. The calculation of income from house property is based on the annual value of the property, which is determined by the following formula:

 

Annual Value = Rent Received or Receivable x 12

 

If the property is self-occupied, the annual value is calculated as follows:

 

Annual Value = Fair Rental Value x 12

 

The Fair Rental Value is the rent that the property could have fetched if it were rented out in the open market. If the property is let out for a part of the year, the annual value is calculated on a proportionate basis.

 

The taxable income from house property is calculated as follows:

 

Taxable Income = Annual Value

Less

- 1/5th of Rent of Building for Repairs

- Municipal Taxes Paid

- Ground Rent

- Share in Rental Income paid to HBFC / Bank

- Profit on Capital borrowed for investment in Property

- Insurance Premium

- Legal Service Charges

- Rent Collection Expenditure

- Payment of Liabilities treated as income

- Other Deductions against Rent    

 

The tax rate on income from house property is based on the taxpayer’s slab rate. The slab rates for individuals and Association of Persons (AOPs) are as follows:

 

Tax Slabs for Individuals and AOPs

 

Income Tax Rates

 

Up to PKR 600,000  - 0%

 

PKR 600,001 to PKR 800,000  - 5%

 

PKR 800,001 to PKR 1,200,000 - 10,000 + 12.5% of the amount exceeding Rs. 800,000

 

PKR 1,200,001 to PKR 2,400,000 - 60,000 + 17.5% of the amount exceeding Rs. 1,200,000

 

PKR 2,400,001 to PKR 3,000,000 - 270,000 + 22.5% of the amount exceeding Rs. 2,400,000

 

PKR 3,000,001 to PKR 4,000,000 - 405,000 + 27.5% of the amount exceeding Rs. 3,000,000

 

PKR 4,000,001 to PKR 6,000,000 - 680,000 + 32.5% of the amount exceeding Rs. 4,000,000

 

Above PKR 6,000,000 – 1,330,000 + 35% of the amount exceeding Rs.6,000,000

 

Taxation of Capital Gains from Sale of Property




 

Capital gains from the sale of property are taxed under the head ‘Capital Gains’. The tax rate on capital gains depends on the holding period of the property. The tax rates for capital gains are as follows:

 

Tax Rates for Capital Gains

Holding Period

Open Plots

Constructed Property

Flats

Under 1 Year

15%

15%

15%

More than 1 year but less than 2 Years

12.5%

10%

7.5%

More than 2 years but less than 3 Years

10%

7.5%

0%

More than 3 years but less than 4 Years

7.5%

5%

-

More than 4 years but less than 5 Years

5%

0%

-

More than 5 years but less than 6 Years

2.5%

-

-

After 6 Years

0%

-

-

 

Conclusion

In conclusion, income from property in Pakistan is subject to taxation under the Income Tax Ordinance, 2001. The income from property can be either rental income or capital gains from the sale of a property. Income from house property is taxed under the head ‘Income from Business or Profession,’ while capital gains from the sale of property are taxed under the head ‘Capital Gains.’ The tax rates for income from house property and capital gains vary based on the taxpayer’s slab rate and the holding period of the property. It is important for individuals and entities to understand the basics of income from property under Pakistan tax laws to comply with tax obligations and avoid penalties.




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