MOU-Bilateral Sales Tax Adjustment-Provincial Sales Tax

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  • Bilateral sales tax adjustmentFBR, SRB, PRA likely to sign MoU

    SOHAIL SARFRAZ

    ISLAMABAD: A Memorandum of Understanding (MoU) is expected among the Federal Board of Revenue (FBR), SindhRevenue Board (SRB) and Punjab Revenue Authority (PRA) on the proposed mechanism of bilateral sales taxadjustment between federation and each of the provinces. Sources told Business Recorder here on Sunday that there are positive developments towards signing of the MoUbetween the federal tax authorities and provincial revenue board/authorities. The SRB has given positive response tothe FBR, which would lead to signing of the proposed MoU to resolve the issue of input tax adjustment.It is expected that a formal MoU will be inked between the FBR and provinces during coming days, official added.

    The FBR had shared draft MoU with SRB/PRA for comments. Federal tax authorities are optimistic that the provincialrevenue authorities/boards would agree with the draft MoU on the said issue.

    According to sources, the MoU can only be implemented after mutual consent of all the parties. The comments of theSRB and PRA are very important for the implementation of the MoU. Under the draft agreement, the FBR and provinceswould have to agree on the mutual mechanism of cross adjustment of input tax. After every three months, the netadjustment would be worked out on the basis of modalities being finalised under the draft MoU. The federation and theprovinces would be able to bilaterally adjust the amount of sales tax on signing of the MoU. Under the proposed bilateralagreement, the FBR will be able to carryout bilateral adjustment of the sales tax between federation and each of theprovinces. After every three months, i.e., each quarter of fiscal year, the FBR will estimate as to how much amount ispending with the federation or provinces on account of input tax adjustment. The FBR will reconcile the data withprovinces after every three months for the bilateral adjustment of input tax, sources added.In principal, Punjab Revenue Authority (PRA) and Khyber Pakhtunkhawa Revenue Authority (KPRA) have agreed to theproposal of the bilateral input tax adjustment and they have shown their willingness to sign such bilateral agreement toresolve the issues of input tax adjustment.Before 2011 sales tax on services was collected by the FBR. Under the 18th Amendment and 7th NFC Award,provinces were empowered to collect sales tax on services. During the first year the FBR had collected sales tax onservices on behalf of the provinces. The Sindh Revenue Board (SRB) was the first provincial revenue board whichstarted collection of sales tax on services in 2011.

    Later, PRA and KPRA have also started collecting sales tax on services. In Finance Act, 2013 amendment was made tothe definition of provincial sales tax under which the FBR has disallowed input tax adjustment against provincial salestax laws. The provinces claim sales tax adjustment on services and federation claims sales tax adjustment of goods. Asa result of cross-adjustment of input tax, there are certain situations where the federation has to give refund on thebehalf of provinces whereas provinces will do the same in case of federation.

    All rights reserved to Business Recorder (Date: printing date: 11-03-2014 05:38:33)

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