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Income Tax Ordinance, 2001
Group Relief
 
SECTION : 59B
 
Comments :

The bill seeks to replace the existing Section 59B on group relief with a new section. 

The main feature of group relief under this section are summarized here under:

  1. A subsidiary would be able to surrender its assessed loss for a tax year, excluding brought forward losses and capital losses, in favour of its holding company or between subsidiaries of its holding company subject to condition that the holding company if listed on a registered stock exchange in Pakistan  would be required to acquire at least 55% or more of the share capital of the subsidiary,  or  at least 75% or more of the share capital of the subsidiary, if it is not a public listed company.
  2. The loss surrender would be set-off against business income of the holding or the subsidiary company in the year of surrender and subsequent two years if:

-   the ownership of share capital of the subsidiary company to the extent of 55% or 75% is  continued for five years;
-   the companies in the group are not engaged in trading;
-   the holding company, if a private limited company, will get itself listed within three years from the year in which loss is claimed;
-   the group would be incorporated under the Companies Ordinance, 1984;
-   the surrender and the claim of loss will be on the approval of the Board of Directors of the respective companies;
-   the subsidiary will need to continue the same business during the above referred period of three years;
-   the account of the group companies are prepared and audited by a Chartered Accountants in the same way as are prescribed for listed companies; and
-   the group companies observe the Code of Corporate Governance as provided in the Companies Ordinance, 1984.

  1. Any loss surrendered but not adjusted during the period of three year will be carried forward by the subsidiary company in accordance with the provisions of Section 57 i.e. for a total of six years from the year in the loss was first computed.
  2. If in any year during the period of five years, the holding company reduces its holding below the minimum required holding, the holding company would be required to offer the amount of profit on which tax has not been paid due to set-off of losses surrendered.
The loss claimant would be able to transfer cash to loss surrendering company equal to its tax saving after the approval of its board of directors and such cash transfer would not be treated as taxable event.
 
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1
Definitions - Section 2
2
Definitions - Section 59
3
Income From Business
4
Federal and Provincial Government, and Local Authority
5
Set Off Of Losses Of Companies Operating Hotels
6
Set Off of Business Loss Consequent to Amalgamation
7
Group Taxation
8
Group Relief
9
Investment in Shares
10
Principles Of Taxation Of Associations Of Persons
11
Taxation Of Members Of An Association Of Persons
12
Disposal Of Business By Individual To Wholly-Owned Company
13
Disposal Of Business By Individual To Wholly-Owned Company
14
Disposal Of Business By Association Of Persons To Wholly-Owned Company
15
Disposal Of Asset Between Wholly-Owned Companies
16
Disposal Of Asset Under A Scheme Of Arrangement And Reconstruction
17
Special Provisions Relating To Banking Business
18
Tax On Income Of Certain Persons
19
Tax On Income Of Certain Retailers
20
Return of Income
21
Wealth Statement
22
Appointment of the Appellate Tribunal
23
Advance Tax Paid By The Taxpayer
24
Imports
25
Imports
26
Imports
27
Imports
28
Imports
29
Salary
30
Payments For Goods And Services
31
Payments For Goods And Services
32
Payments For Goods And Services
33
Payments For Goods And Services
34
Payments For Goods And Services
35
Exports
36
Tax Collected Or Deducted As A Final Tax
37
National Tax Number [Certificate]
38
Purchase Of Motor Cars
39
CNG Stations
40
Electricity Consumption
41
Transition to Federal Board of Revenue
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