The capital gains arising on or after 1st day of July 2010, from disposal of securities held for a period of less than a year, is chargeable to tax.
It is pertinent to note here that there is no tax charged if securities are sold after a holding period of 12 months.
Securities definition
For the purpose of computing capital gain the securities means share of a public company, voucher of Pakistan Telecommunication Corporation, Modaraba Certificate, an instrument of redeemable capital and derivative products.
The rules for computation of “Capital gain tax on sale of securities” have been issue through SRO 112(1)/2011 on February 12 2011.
Scope of tax
Every investor, who invests money in securities (shares, options, futures, swaps, etc.) in Pakistan, is liable to pay tax on any gain arising from sale / disposal of such securities.
However, if such securities are sold after a period of 12 months from the date of acquisition then no tax is payable.
Reporting to FBR
Every investor other than individual investor is required to e-file statement of advance tax on capital gain on the prescribed formats within seven days after the end of each quarter with the tax authority having jurisdiction in the case.
Liability of payment of tax
The liability to pay the due tax on capital gain shall lie on the investor who held the securities during the period for which tax on capital gain is to be paid and, in case of any benami accounts, on the investor who de facto owns the securities carried in such accounts.
Maintenance of records.-
Every investor is required to maintain in particular the following accounts and records separately for each of his brokerage accounts regarding his securities business which sufficiently enable for verification of the discharge of his obligations under the rules:
(a) Fortnightly ledger statements of the investor’s brokerage account or each brokerage account if there are more than one account whether in the investor’s own name or any benami accounts, generated by his broker;
(b) Fortnightly CDC statements of the investor’s CDC sub account or each CDC sub account corresponding to each brokerage account, if there are more than one brokerage account whether held in the investor’s own name or any benami accounts; (c) Record of security holdings and their value carried in the investor’s brokerage account as on 30th June of each year;
(d) Record of cash carried in the investor’s brokerage account as on 30th June of each year;
(e) Record of funds deposited in the investor’s brokerage account; and
(f) Record of funds withdrawn from the investor’s brokerage account.
Acquisition of Securities
(1) A security may be acquired through purchase, exchange, bonus issue, right issue, gift, bequest, inheritance, leverage schemes and derivative contracts.
(2) A security may be acquired in the electronic book entry form or in the form of physical certificate.
(3) A security may be acquired through the trading platform provided by a stock exchange or through off market transactions.
(4) In case of securities other than units of an open mutual fund, broker’s bill for the purchase, broker generated computerized ledger statement of the investor’s brokerage account, CDC statement of the investor’s CDC sub account and payment of cost of acquisition through cheques shall be supportive evidence of acquisition of securities.
(5) In case of units of an open end mutual fund, certified statement of investor’s account provided by the asset management company shall be supportive evidence of acquisition of securities.
Disposal of securities
(1) A security may be disposed of through sale, gift, exchange or transfer by the security holder in any other way.
(2) A security may be disposed of in the electronic book entry form or in the form of physical certificate.
(3) A security may be disposed of through the trading platform provided by a stock exchange or through off market transactions.
(4) In case of securities other than units of an open mutual fund, broker’s sale proceeds or difference bill, broker generated computerized ledger statement of the investor’s brokerage account, CDC statement of the investor’s CDC sub-account and proof of payment through cheques shall be supportive evidence of disposal of securities.
(5) In case of units of an open end mutual fund, certified statement of investor’s account provided by the asset management company shall be supportive evidence of disposal of securities.
Holding period
(1) Securities held for a period upto a maximum of 182 days and for a period upto a maximum of 365 days shall be taken as held for 6 months and 1 year respectively.
(2) In case of short positions, holding period shall be the period intervening between the date when a security is sold short and the date when the security is purchased to cover the short position.
(3) In case of futures contracts, holding period shall be the period intervening between the date of entry into a futures contract and the date of exit from such contract.
Computation of capital gain or loss
(1) Capital gain or loss arising on the disposal of any security is to be computed on the basis of First In First Out (FIFO) inventory accounting method.
(2) Capital loss arising on disposal of securities in any tax year is to be set off against capital gain arising from the disposal of securities during that tax year to determine the taxable capital gain arising from the disposal of securities.
(3) Capital loss arising on disposal of securities in any tax year is not allowed to be carried to a subsequent tax year.
Computation of capital gain or loss on derivatives.-
(1) In case of long position in deliverable futures contracts, capital gain or loss is to be computed as the difference between cost of acquisition of securities underlying the futures contract and the consideration from disposal of those securities to close the long position at or before maturity of the contract.
(2) In case of short position in deliverable futures contracts, capital gain or loss is to be computed as the difference between the consideration from short sale of securities underlying the futures contract and the cost of acquisition to purchase those securities to close the short position on or before maturity of the contract.
(3) In case of cash settled futures contracts, capital gain or loss is the cash payment which the investor respectively receives from or makes to the other party to such contract to settle the contract on or before maturity of the contract.
(4) In case of options, capital gain or loss is the difference between exercise price of the options and the consideration from disposal of the securities underlying such options.
(5) In case of contracts of right, capital gain or loss is the difference between cost of acquisition of right shares underlying the contract and the consideration from disposal of those shares.
Capital loss adjustment disallowed in certain cases
(1) Capital loss adjustment as provided in rules 13D and 13E is not admissible in the following cases, namely:-
(a) Wash Sales where capital loss realized on disposal of a specific security by an investor is preceded or followed in one month’s period by purchase of the same security by the same investor, thus maintaining his portfolio.
Explanation.- Wash sale is sale of a security at loss and repurchase of the same security soon before or afterwards the sale so as to realize an unrealized loss to make it claimable as a set off against capital gain. The security sold in a wash sale is repurchased with the aim to re-acquiring it at or near its sale value in order to maintain the risk return profile of portfolio;
(b) Cross trades where coordinated reshuffle of securities between two related accounts of the same investor, between two related accounts of the related investors, between two membership cards of the same broker or between two related brokerage houses is undertaken and securities accumulating unrealized losses are sold to related accounts to artificially realize capital losses in one account without actually selling the securities to an outsider and the artificial losses so realized in an account are then used to minimize capital gain tax liability on the capital gain realized in the same account; and
(c) Tax Swap Sales where the investor having realized loss (as in the case of a wash sale) on a particular security does not repurchase the same security but chooses another similar security in the same sector thus not only minimizing or eliminating altogether liability on account of tax on capital gain, but also maintaining the portfolio broadly at the same risk return profile
Liability of broker
(1) Every broker or stock exchange’s member, before closing the brokerage account of an investor, is now required to obtain from an investor a tax clearance certificate from the concerned tax authority to the effect that the investor has no tax liabilities outstanding against him.
(2) Any broker or stock exchange’s member who closes an investor’s brokerage account without obtaining a tax clearance certificate and the investor disappears from the market without satisfying the tax authorities that he has no tax liabilities outstanding against him, such broker is liable to discharge such investor’s outstanding tax liabilities to the satisfaction of tax authorities.
Read more: “Understanding capital gain taxes and planning – By Thomas Bowen“