Presentation is loading. Please wait.

Presentation is loading. Please wait.

New Regime of Capital Gain Tax-CGT PresentationJuly 30, 2012 NCCPL 1.

Similar presentations


Presentation on theme: "New Regime of Capital Gain Tax-CGT PresentationJuly 30, 2012 NCCPL 1."— Presentation transcript:

1 New Regime of Capital Gain Tax-CGT PresentationJuly 30, 2012 NCCPL 1

2 Back Ground of New CGT Regime 2

3  The SECP as a part of its mandate to develop Capital Market in Pakistan, forwarded a proposal to the Federal Board of Revenue (“FBR”) for Revamping of CGT Regime.  This was Intended to Provide Ease of Calculation and Documentation to Investors.  Accordingly, NCCPL shall be Responsible to Compute, Determine, Collect and Deposit CGT to FBR. Back Ground of the New CGT Regime 3

4  CGT Rules have been revised though the promulgation of Finance (Amendment) Ordinance, 2012 effective from April 24,  New section 100(B) has been inserted in the Income Tax Ordinance,  For detailed treatment of CGT, following new Rules and Procedures have been introduced in the Income Tax Ordinance, 2001:  Rules for the Computation of CGT on Listed Securities have been devised in Eight Schedule under section 100(B) of the Income Tax Ordinance,  Special Procedures for Computation of Capital Gains and Collection of Tax under the Eighth Schedule and Other Related Matters described in Section 13N of the Part III of the Chapter II of the Income Tax Rules, Back Ground of the New CGT Regime 4

5 Overview and Procedures of the New CGT Regime 5

6  Following are the Persons/Investors to which new CGT Regime will be applicable:  Individual Investors;  Brokers; and  Corporate Entities.  However, following Persons/Investors will NOT be covered under new CGT Regime: Mutual fund; Banking Company; Non-Banking Finance Company; Insurance Company; Modaraba; ‘Foreign Institutional Investor’ being a person registered with NCCPL as a foreign institutional investor; and any person or class of persons as notified by the FBR. Overview and Procedures of the New CGT Regime 6

7  Any Person/Investor may Opt-Out from the new CGT Regime.  For Opting-Out, Person/Investor shall be required to file an Irrevocable Option to NCCPL after obtaining prior approval of the Income Tax Commissioner in the Prescribed Manner.  New CGT Regime will NOT be applied on such Person/Investor who Opted-Out. Overview and Procedures of the New CGT Regime 7

8  Rates of CGT:  For Holding Period more than 12-Months no CGT will be computed. Overview and Procedures of the New CGT Regime 8 YearHolding Period Less than 6-Months Holding Period is 6- Months but Less than 12-Months %7.5% %8.00% %8.00% %8.00% %9.5% %

9 Principles of Holding Period of Inventory Before the Promulgation of New CGT Regime Overview and Procedures of the New CGT Regime 9 S.NO.Holding PeriodInventory AgePrice 1.Securities Balance As- Of 23 rd April 2011 More than One YearClosing Price of 23 rd April Securities have been Acquired or Disposed off Between 24 th April 2011 to 23 rd April Determined as per the Actual Acquisition and Disposal Market-Based Transactions- Transaction Price Non-Market- Based Transactions- Deal Price or Closing Price, as the case may be.

10 Principles for Physical Securities Deposited into CDS Overview and Procedures of the New CGT Regime 10 S.NO.Deposit of Physical Securities Inventory AgePrice 1.Physical Securities have been deposited in CDS Between 24th April 2011 to 23rd April 2012 The Date of Acquisition shall be Deemed as 23rd April 2011 Closing Price of 23rd April Physical Securities have been deposited in CDS on or after 24th April 2012 Actual Date of Acquisition as Communicated by CDS. But it should not be Earlier than 23rd April Prevailing Closing Price of the Deposited Date.

11 Types of Transactions Covered under New CGT Regime:  Market Based Transactions  Sale and Purchase Transactions including Day-Trading Executed or to be Executed on the Trading Platform of the Stock Exchanges.  Non-Market Transactions  Movement of Securities Through Free-Delivery (FD) Mechanism of CDS. Overview and Procedures of the New CGT Regime 11

12 General Principles for the Determination and Computation of CGT  CGT will be Determined and Computed on the Transactions and their Values as Reported to or Provided to or Extracted from the Systems of Stock Exchanges, Central Depository Company of Pakistan Limited and NCCPL.  First In First Out (FIFO) Inventory Accounting Method will be used.  In Determination and Computation of CGT, First Priority shall be given to the Market Based Transactions.  Capital Loss in any Financial Year Shall be Set Off against Capital Gain of that Financial Year.  Capital Loss in any Financial Year Shall NOT be Carried to a Subsequent Financial Year. Overview and Procedures of the New CGT Regime 12

13 General Principles for the Determination and Computation of CGT  Fixed Cost of 0.50% on non-proprietary trades and 0.25% on proprietary trades on Disposal or Acquisition of Securities, as the case may be, in lieu of all Expenses will be Deducted or Added while Determination and Computation of CGT.  However, such Fixed Cost shall only be allowed in respect of Market Based Transactions.  Financing Cost Incurred through NCCPL’s Leveraged Market Products shall be Taken into Account while Computing Capital Gains.  CGT shall be Collected on Monthly Basis for Transactions Settled in a Month, after Adjustment of Losses or Refund of amount collected of the Previous Month or Months of the Same Financial Year. Overview and Procedures of the New CGT Regime 13

14 General Principles for the Determination and Computation of CGT  CGT shall be Collected From or Through the Respective Clearing Members on Net Capital Gains of Persons/Investors.  Any Person/Investor, if Not Satisfied with the Computation of Capital Gain or Tax thereon or both made by NCCPL, such Person/Investor may Re-Compute the Capital Gain and Lodge Claim of Refund, if any, with the Commissioner of FBR.  Persons/Investors (covered under new CGT Regime) Shall NOT be Required to Maintain Records and Accounts w.r.t CGT.  Wash Sales, Cross Trades and Tax Swap Sales Shall not be Taken into Account by NCCPL while computing Capital Gains. Overview and Procedures of the New CGT Regime 14

15 General Principles for the Determination and Computation of CGT  The Amount Collected by NCCPL, in respect of Capital Gains, on behalf of the FBR, Shall be Deposited in a Separate Bank Account with National Bank of Pakistan and such Amount Shall be Paid to the FBR Alongwith Interest Accrued Thereon on Yearly Basis by July 31.  In Case of Non-Recovery of CGT from any Person/Investor through its Clearing Member, for any reason whatsoever, NCCPL Shall Refer a Particular Case for Recovery of CGT to the FBR.  Defaulted Person/Investor may also be Restricted from Taking New Positions in all Markets for a Period of Three Months and such Restriction will be Continued till the Recovery of Amount of CGT. Overview and Procedures of the New CGT Regime 15

16 General Principles for the Determination and Computation of CGT  The Short or Non-Collection of CGT in any Month During the Financial Year shall Continue to Appear in the CGT Liability of Coming Month or Months of the Same Financial Year.  Relevant Clearing Member shall also be Penalized in accordance with NCCPL Regulations.  Brokerage Account of the Persons/Investors shall NOT be Closed Until and Unless such Persons/Investors Obtains a Clearance Certificate from NCCPL. Overview and Procedures of the New CGT Regime 16

17 General Principles for the Determination and Computation of CGT  Following Certificate / Statement Shall be Issued and Provided by NCCPL :  Annual Certificate Showing Computation of Capital Gains and Tax thereon, if any, to each Eligible Person/Investor within Thirty Days from the End of the Financial Year.  Quarterly Statement of Amount Collected from Eligible Persons/Investors shall be Furnished to the FBR within Thirty Days from the End of Each Quarter.  Every Person/Investor Shall also File the Annual Certificate, as provided by NCCPL, Alongwith the Return of Income. Overview and Procedures of the New CGT Regime 17

18 Holding Period of Investment 18

19  Investment Has Been Classified in Two Broad Categories: Investment Made in Listed Securities Prior to the Promulgation of the Finance (Amendment) Ordinance, 2012 effective from April 24,2012. Investment in Listed Securities from the Date of the Promulgation of the Finance (Amendment) Ordinance, 2012 effective from April 24, Holding Period of Investment 19

20 Holding Period of Investment 20 Investment CategoryDetermination of Investment Requirement to for Holding Period Investment Made in Listed Securities Prior to the Promulgation of the Finance (Amendment) Ordinance, 2012 effective from April 24,2012 A.The amount of investment shall be netted off with the market value of net open sale position in Futures and Derivative Contract. B.The Investment shall be the Time Weighted Average of the Invested Amounts The Amount of Investment Shall be Required to Remain Invested for the Period or Periods in Aggregate of 45-Days till June 30, Investment in Listed Securities From the Date of the Promulgation of the Finance (Amendment) Ordinance, 2012 effective from April 24, 2012 The Amount of Investment Shall be Required to Remain Invested for the Period or Periods in Aggregate of 120-Days till June 30, 2014.

21 Explanation and Treatment of Market and Non-Market Based Transactions 21

22 Explanation and Treatment of Market and Non-Market Based Transactions 22 Type of Transactions Impact on Inventory PricingTax Treatment Purchase/AcquisitionSale/Disposal Sale & Purchase of Securities Through Trading Systems Inventory Taken Out/In on FIFO Basis on Settlement Date Average Purchase/ Acquisition Price Average Sale Price of the Security Sold CGT Shall be Computed as per Rates in accordance with the Holding Period Squaring up Transactions in Ready, Futures and Derivatives (Day-(Trading ) No Impact on Inventory Average Purchase Price Average Sale Price of the Security Sold 10% on the Capital Gains, if any.

23 Explanation and Treatment of Market and Non-Market Based Transactions 23 Type of Transactions Impact on Inventory PricingTax Treatment Purchase/AcquisitionSale/Disposal Sale & Purchase through Negotiated Deal Market (NDM) Inventory Taken Out/In on FIFO Basis on Settlement Date Average Purchase/ Acquisition Price Deal Price or Closing Price at Ready Market whichever is Higher CGT Shall be Computed as per Rates in accordance with the Holding Period Transfer of Securities Owing to Privatization Inventory Move-in the Buyers’ Account and Move-out from Privatization Commission’s (PC)Account. Acquisition PriceNot Recorded for PC. No CGT for Federal or Provincial Government on Transfers.

24 Explanation and Treatment of Market and Non-Market Based Transactions 24 Type of Transactions Impact on Inventory PricingTax Treatment Purchase/AcquisitionSale/Disposal Transfer Owing to Acquisition Inventory Taken In/Out on FIFO Basis. Purchase/ Acquisition Price Actual Selling or Negotiated or Quoted Price as the case may CGT Shall be Computed as per Rates in accordance with the Holding Period Buy-back of Shares Inventory Taken In/Out on FIFO Basis Purchase/ Acquisition Price Price Paid by the Company to Acquire the Shares. CGT Shall be Computed as per Rates in accordance with the Holding Period

25 Explanation and Treatment of Market and Non-Market Based Transactions 25 Type of Transactions Impact on Inventory PricingTax Treatment Purchase/AcquisitionSale/Disposal Portfolio Transfer – where all UINs are Matching No Impact on the Age of Inventory Age Original Purchase/Acquisition Price N/A Transfer / T ransmission upon Death Shares are Transferred to the Beneficiary with the same Date of Acquisition as was in the hands of Deceased Person Original Purchase/Acquisition Price as was in the hands of Deceased Person N/A

26 Explanation and Treatment of Market and Non-Market Based Transactions 26 Type of Transactions Impact on Inventory PricingTax Treatment Purchase/Acquisition Sale/Disposal Transfer for / against GDRs - GDRs are Converted into Shares Acquisition of Inventory Closing Price of the Date of Deposit N/A Transfer for / against GDRs - Deposits into Depository and Get GDRs Inventory Taken Out on FIFO Basis Purchase/Acquisition Price Closing Price of the Date of Transfer CGT Shall be Computed as per Rates in accordance with the Holding Period

27 Explanation and Treatment of Market and Non-Market Based Transactions 27 Type of Transactions Impact on Inventory PricingTax Treatment Purchase/AcquisitionSale/Disposal Reversal of Erroneous Transfers Inventory Taken In/ Out on FIFO Basis Closing Price of the Transaction Date N/ANo CGT Gift Transactions Shares are Transferred to the Beneficiary with the same Date of Acquisition as was in the hands of Transferee Cost as was in the hands of Transferee N/ANo CGT

28 Explanation and Treatment of Market and Non-Market Based Transactions 28 Type of Transactions Impact on Inventory PricingTax Treatment Purchase/AcquisitionSale/Disposal Pledge call Inventory shall be Taken out from the Defaulter’s Account Average Purchase/ Acquisition Price Closing Price of the Date of the Pledge Call CGT will be Computed as per the Holding Period. Default in Delivery by Seller and Subsequent Squaring-up by NCCPL No Impact on Delivery Defaulter. Inventory Taken Out on FIFO Basis From the Square- up Seller Average Purchase/ Acquisition Price Square-up Price CGT Shall be Computed as per Rates in accordance with the Holding Period

29 Explanation and Treatment of Market and Non-Market Based Transactions 29 Type of Transactions Impact on Inventory PricingTax Treatment Purchase/AcquisitionSale/Disposal Right Issue Upon Exercise of Right or Purchase, Inventory Recorded at the Credit Date Subscription Cost of the Right Shares N/AN/A (However, LoR trading shall be subject to 10%) Bonus Shares Inventory Recorded at the Bonus Credit Date Zero-Price (Different Treatment provided in Draft Rules) N/ANA.

30 Explanation and Treatment of Market and Non-Market Based Transactions 30 Type of Transactions Impact on Inventory PricingTax Treatment Purchase/AcquisitionSale/Disposal De-Merger Existing Company’s Shareholding is Reduced with the Revised Shareholding. New Shareholding in the New Company With the Same Date of Acquisition of Existing Company Same Cost of Acquisition of the Existing Company N/A Merger No change In Ownership Extinguished Security Replaced with New Security with Merger Ratio Price Adjusted in Accordance with the Merger Ratio N/A

31 Explanation and Treatment of Market and Non-Market Based Transactions 31 Type of Transactions Impact on Inventory PricingTax Treatment Purchase/Acquisition Sale/Disposal Specie Dividend Shares will be Added in the Share Holders’ Account at the Date on which Shares are Credited. Zero Price (Different Treatment provided in Draft Rules) Deal Price on Issuing Company CGT Shall be Computed for Issuing Company as per Rates in accordance with the Holding Period. Capital Reduction / Splitting of Shares / Conversion Inventory Replaced and Adjusted as per Ratio or Division. Cost of Acquisition of New Shares will Remain Same, as it was for Existing Shares N/A

32 Explanation and Treatment of Market and Non-Market Based Transactions 32 Type of Transactions Impact on Inventory PricingTax Treatment Purchase/Acquisitio n Sale/Disposal Transfer under Tax- Neutral Court Orders Shares are Transferred to the Beneficiary with the same Date of Acquisition as was in the hands of Transferee Cost as was in the Hands of Transferee N/A Transfer under Taxable Court Orders Shares are Transferred to the Beneficiary with the Date of Transfer Closing Price of the Date of Transfer CGT will be Computed as per the Holding Period.

33 Explanation and Treatment of Market and Non-Market Based Transactions 33 Type of Transactions Impact on Inventory PricingTax Treatment Purchase/Acquisitio n Sale/Disposal Offer for Sale Securities are Credited on Acquisition Date Cost of Acquisition N/A

34 Securities Lending and Borrowing (SLB) Tax treatment  The Net Difference in the Hands of the Borrower resulting in completing the whole transaction. (Difference of the Price of the Sale and Re-Purchase).  Financial Charges incurred on Borrowing the Securities Shall be Taken into Account while Computing CGT.  Tax to be 10% on Net Gain  CGT will Not be Applied on the Income of the Lender. Explanation and Treatment of Market and Non-Market Based Transactions 34

35 Thank you Thank you ! 35


Download ppt "New Regime of Capital Gain Tax-CGT PresentationJuly 30, 2012 NCCPL 1."

Similar presentations


Ads by Google