Over 95 percent of the registrations and transfers of immovable properties have stopped after implementation of section 7E (tax on deemed rental income basis) from July 1, 2023.
The representatives of real estate sector from all major cities informed the meeting of the National Assembly Standing Committee on Finance on Wednesday about the negative implications of the said provision of the law.
Federation of Realtors Pakistan (FORP) informed the committee that the registries have decreased by up to 95 percent along with the closure of transfers across the country. This surge in taxes has increased sufferings of the local investor as well as overseas, as the capital has started transferring abroad. Resultantly, the overseas investors are reluctant with their investments in Pakistan.
FORP stated that, “deemed rental income under section 7E is a thorn in the throat and it should be withdrawn. If not possible, then the filer should be exempted of it”.
The FORP proposed that if section 7E is not avoidable, then it should be only charged on plots. The filers should be permitted for the transfers after the undertaking of the affidavit and non-filers must be charged.
Through Finance Act, 2022 section 7E was introduced whereby, for tax year 2022 and onwards, every resident person has been treated to have derived as income, an amount equal to 5 percent of the fair market value of the capital asset situated in Pakistan subject to exclusions of the capital assets provided in the law.
The said deemed income is chargeable to tax at the rate of 20 percent (effective rate 1 percent of fair market value of immoveable property).
Finance Act 2023 has introduced a new sub-section (2A) in section 236C of the Ordinance which places a bar on the transferring authority for registering, recording or attesting transfer of any immovable property unless the seller or transferor has discharged his tax liability under section 7E of the Ordinance and evidence to this effect has been furnished to the transferring authority in the prescribed mode, form and manner.