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No New Tax Has Been Imposed But We Will Collect Rs. 1,000 on Every Cell Phone: FBR

FBR Logo No New Tax Has Been Imposed But We Will Collect Rs. 1,000 on Every Cell Phone: FBRYesterday we told you about the new tax that has been imposed on the sale of every new cell phone, according to which every smartphone will be charged at Rs. 1,000 while feature phones (those voice only bsic phones) will be charged with Rs. 500 tax from now onwards.

We also published the notification that was issued by FBR on the subject which clearly mentions the collection of sales tax on new cell phones from end-users.

However, FBR, in its press release has denied the fact that it has imposed any new tax on cell phones. While on other hands, it maintains that every cell phone will come with additional sales tax of Rs. 1,000 or Rs. 500.

We will try to dissect the press statement issued by FBR to tell you how bluntly they are mis-informing the general public:

All quoted text is taken from FBR statement with our comments below them.

FBR has clarified that no new tax has been imposed on cell phones as is wrongly being portrayed by some quarters. The fixed amount of sales tax on activation stage was first introduced through SRO 390(I)/2001 dated 18th June, 2001, with a rate of Rs. 2000 per cell phone. However, on the request of cellular company operators to encourage the sector, the rate was reduced from time to time.

In simple words, FBR had imposed a tax on every cell phone – which was collected from cellular companies as they were responsible for activating the cell phone – and authorities had termed it activation charges.

Under SRO 542(I)/2008 dated 11th June, 2008 the fixed rate was Rs. 500 per mobile phone, which was subsequently reduced Rs. 250 per mobile phone. The collection mechanism in all these notifications was based on the old CDMA technology, which required activation/energization of mobile phones by the cellular company operators before they could be operated.

On sheer demand of cellular companies, these activation charges were reduced from Rs. 500 to Rs. 250 per connection in 2008.

It merits mentioning here that connection charges were supposed to be collected from end-user, however, cellular companies opted to pay Rs. 250 from their pockets amid competition and price war and to increase the number of subscribers.

It will be relevant to mention here that cellular companies were aggressively involved in getting rid of SIM activation charges, however, now they are quite as anything since the new tax is supposed to be paid by customers and not by them.

However, CDMA technology is no longer prevalent on any mobile network in Pakistan as all mobile networks in the country are presently operating on GSM technology. Under GSM technology only a SIM Card is inserted in mobile phones which are ready for usage. These GSM technology-based mobile phones do not require activation/energization by the cellular mobile network.

Due to this technology change from CDMA to GSM, SRO 542(I)/2008 dated 11th June, 2008 had become redundant and the Government exchequer was not getting the proper revenue from this sector as pre-activated cell phones were being imported resulting in a steep fall in revenue despite tremendous increase in volume of import.

So after 10 years FBR releases that CDMA phones are no longer in user and hence they now thought of imposing tax at the time of import of cell phones instead of charging the same at the time of activation of a cellular connection.

SRO 280(I)/2013 dated 04-04-2013 recently issued by the Government does not impose any new tax. It only aligns the law with the latest technology. This notification was necessitated to remove the anomalies occurring due to change in technology.

FBR is trying to convince the general public that Rs. 1,000 tax is not new. Its just that earlier Rs. 250 were charged at the time of SIM activation and were paid by cellular companies but now you – the end user – will have to pay Rs. 1,000 for buying a new phone. Though there is a nominal difference of Rs. 1,000 for end user to pay – which is ignorable.

The standard rate of sales tax under the Sales Tax Act, 1990 is 16% and prices of new mobile phones go as high as around Rs. 80,000/- or more. At the standard rate of sales tax, the amount of sales tax payable on a mobile phone costing Rs. 50,000/- would be Rs. 8,000/-, but under SRO 280(I)/2013 the fixed sales tax is only Rs. 1000/- which comes to around 2%.  Thus the fixed rate of sales tax under SRO 280(I)/2013 dated 04-04-2013 is still much lower than the standard rate of 16% chargeable on all other goods.

Okay, FBR is trying to tell you that every phone sold in Pakistan costs at least Rs. 50,000 and hence the tax rate charged per cell phone is just 2% or Rs. 1,000 on every Rs. 50,000 product.

What FBR fails to tell you is that a Rs. 3,000 phone – which can be a touch screen Chinese phone – will also be charged Rs. 1,000 or whooping 33% of the original cost.

This reduced fixed rate of Sales Tax has been retained on the request of cell phone operating companies to help and encourage the sector.

No doubt that cellular companies would want higher prices for new SIM activations/cell phones for reasons about which we will tell you in details later. To give you a hint, this will benefit larger operators as they want to make new activations harder to prevent smaller operators from gaining new customers. Zong will be worst hit with the decision.

Another factor that must be considered here is that collection of SIM activation charges has declined notably, since the sales of telcos dropped drastically after new SIM rules – according to which retail networks can’t sell new SIMs. This decline in SIM activation charges (Thanks to Rehman Malik) probably led the FBR to impose new tax – which it is denying – to cover the shortfall.

The impression being created by certain vested interests that the Government has levied a new tax on cell phone is baseless and devoid of fact. The views being presented that imposition of sales tax under SRO 280(I)/2013 will ruin the businesses or lead to smuggling of mobile phones is also not correct as the present notification only brings the tax structure in line with the current cellular technology and it is aimed at safeguarding the interests of the exchequer which were being hurt due to the existence of a notification based on an obsolete technology.

FBR is trying to tell you that an increase in tax collection of Rs. 1,000 is not true. Despite the fact that earlier Rs. 250 were paid by cellular companies and customers were not charged a single penny for new cell phones, however, now they will have to pay Rs. 1,000 for new phones. Still FBR believes that impression for imposition of new tax is not true. How innocent of FBR, I’d say.

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  • Tahir Akram

    Smuggling and theft will be on boom.

    • Monster

      yes bro u r rite…..

  • Shahid Saleem

    CDMA??? I Thought people used TDMA with AMPS before GSM in Pakistan. CDMA did not come into widespread use until PTCL V fone and other WLL devices.

    • Saad Durrani

      There was AMPS. There was TDMA. There is (and forever will be, it seems) GSM.

      • Shahid Saleem

        Yes, that is what I said. I don’t know why the above circular says “old CDMA”.

  • Gareeb pakistani

    sara sar ziyadti a ye gareeb awam per.

  • http://www.facebook.com/khu84 Khurram ShahzAd

    One of my colleague mentioned that it is not the new tax. This was approved in last budget but is being implemented now. I am not sure, how right he is. So please do some research on this too.

  • mrasheed345

    bhai jan jin logon ne 50 hzar ka mobile lena hota hy unky ley 8000 tax dena koi mushkal nai but jis garib ne 1500 ka mobile lena ho us k bary ma b socho zra????

    • Saqib

      bhai meray Ghareeb ka is mulk main kis nay socha hai? yahan sab ameeron k hi tarafdaar hain. Aik taraf to FBR MNA, MPA ka ghalat Data Election Comission of Pakistan ko faraham karta hai jis k baray main hamara media subha sey cheekh raha hai, dosri taraf ghareeb loogon par jo 2000 ka mobile kharidtay han 1000 ka tax impose kar deta hai.

  • Daniyal Akhtar

    Look at it positively,companies that sell low-end phones find it more economical to get their handset manufactured and imported from china. After this new tax is imposed and because of competition present in our market,companies will be forced to setup manufacturing plants here in Pakistan. To make these plants economical they would have to include manufacturing of medium-range and/or(or not) high-end phones. Who knows hardware for next apple iphone gets manufactured in Pakistan( no i am an android fan).

    • HolierThanThough

      Dream on…. This only means that Smuggling will thrive and the foreign brands which get smuggled into Pakistan get more benefits. Manufacturing or even assembly is not possible at the moment in Pakistan.

  • ALI

    The term “end-user” isn’t right here. You should have used word “consumer” instead. As for as i know “end-user” is the user who uses the product. e.g if your Dad buys you a mobile phone then you are the end-user & your dad is consumer so its him (the consumer) who has to pay that imposed tax not you (the end-user). its technically wrong.

  • ALI

    I searched a little & found that the word “Consumer” also is not right for this article bcoz “Consumer” & “End-user” have same meaning. “Customer” is the term which should be used here. My bad…

  • Abrar Nazir

    Very poor act!