Header Ads

INCOME FROM BUSINESS and Un-Admissible Deductions

Question: Define income from business?  What expenses are not admissible for tax purpose under the head business OR explain Inadmissible deductions under the head income from business?
INCOME FROM BUSINESS and Un-Admissible Deductions

Income from business-section-18
            Income from business is a 3rdsource of income from which a person can derive income. Income from business is chargeable to tax under section-18 of income tax ordinance 2001.Let us define business and then income from business.
            “Business includes any trade, commerce, manufacture, profession, vocation or adventure or concern or in the nature of trade, commerce, manufacture, profession, vocation but does not include employment”.

            Certain expenses have been charged to the profit and loss account by a business entity. But these business expenses are not admissible for the purpose of taxation. So these expenses will be add back to the net profit of the business to find out taxable profit. Following are some examples of un-admissible expenses.
1.     Cess Rates or Tax
Any rate or tax levied on profit or gain of the business is not allowed as expense. Whether it is paid or payable by a person in Pakistan or outside the Pakistan.
2.     Sum paid to Non Resident
Any salary interest profit rent fee brokerage commission or any amount which is chargeable to tax paid to a non-resident is not deductible expense. If the tax on its has been paid or deducted paid to income tax department u/s 149,158,233.

3.     Remuneration to Member By AOP
Any amount of salary interest and profit on debt commission or other remuneration paid to its members by an association of person is not admissible as deductions of AOP.
4.     Fine or Penalty Paid
Any sum paid or payable by a person as fine or penalty on violation of any law, rule of regulation is a not admissible expense for the purpose of tax
5.     Personal Expenditures
Any personal expenditures of the owner is not allowed as expense of the business, so it cannot be deducted from the business income
6.     Entertainment Expenses
Entertainment expense are allowable expenses up to certain limit and under certain conditions. Any entertainment expenses in excess of limit or in violation of conditions are not admissible.
7.     Capital Nature Expenditures
Any expenditures which is of capital nature, is not allowed as expense of the business for tax purpose .For example Rs 50000 paid to purchase furniture. However depreciation on such assets will be allowed.
8.     Salary Excess Rs 15,000 P.m. In Cash
Salary exceeding Rs 15,000 per month should be paid through cross cheque or should transfer in employee bank account otherwise it will not allow as admissible deductions.
9.     Contribution to un-approved funds
Any contribution towards un-approved provident fund or gratuity fund, un-approved pension or to un-approved superannuation fund is not allowed as admissible deductions.
10.                     Employer’s Contribution to fund
Any employer contribution towards provident fund is not admissible unless he deducts tax source from any payment made out such fund.
11.                     Limitation on prerequisites:
Any expenditures on account of perquisites allowance or other benefits to any employer exceeding 50% of his salary is not admissible. This clause is not applicable from year 2007
12.                     Appropriation of funds

Appropriations of any amount out of its profit such as transfer to reserve fund or amount capitalized so not allowed as admissible for tax purpose
13.                     Payment exceeding Rs 50,000 pain in cash
If amount of any expenditure exceeds Rs.50,000 on aggregate and it is paid in cash on a single head then such expenditure will not be allowed as deduction because it should be paid through a cross cheque, crossed bank draft or any other crossed banking instrument. This clause shall not apply in the case of:
a) Expenditure not exceeding ten thousands rupees.
b) Expenditures on account of Utility Bill, Freight Charges, Travel Fair, Postage.

No comments

Thanks for Your Precious Words :)