Text of ITO Section 153

Payments for goods, services, and contracts.—

(1) Every prescribed person making a payment in full or part, including a payment by way of advance, to a resident person—

(a) for the sale of goods [including toll manufacturing], [except where payment is less than seventy-five thousand Rupees in aggregate, during a financial year];

(b) for the rendering of or providing of services [except where payment is less than thirty thousand Rupees in aggregate, during a financial year];

(c) on the execution of a contract, [including contract signed by a sportsperson] [but not including] a contract for the sale of goods or the rendering of or providing services, shall, at the time of making the payment, deduct tax from the gross amount payable (including sales tax, if any) at the rate specified in Division III of Part III of the First Schedule;

Provided that where the recipient of the payment under clause (b) receives the payment through an agent or any other third person and the agent or, as the case may be, the third person retains service charges or fee, by whatever name called, from the payment remitted to the recipient, the agent or the third person shall be treated to have been paid the service charges or fee by the recipient and the recipient shall collect tax along with the payment received.

(2) Every exporter or an export house making a payment in full or part, including a payment by way of advance, to a resident person or permanent establishment in Pakistan of a non-resident person for rendering of or providing services of stitching, dying, printing, embroidery, washing, sizing and weaving, shall at the time of making the payment, deduct tax from the gross amount payable at the rate specified in Division IV of Part III of the First Schedule.

(3) The tax [deductible] under sub-section (1) and under sub-section (2) of this section, on the income of a resident person or [ ], shall be [minimum] tax.

Provided that—

(a) tax deducted under clause (a) of sub-section (1) shall [not be minimum tax] where payments are received on sale or supply of goods, by a—

(i) company being a manufacturer of such goods; or

(ii) public company listed on a registered stock exchange in Pakistan;

(b) omitted through Finance Act, 2020 dated 30th June

(c) tax deducted under clause (c) of sub-section (1) shall be adjustable if payments are received by a public company listed on a registered stock exchange in Pakistan, on account of execution of contracts [ ].

Explanation. — For the removal of doubt, it is explained that the income of a resident person referred to in sub-section (3) means the amount on which tax is deductible under sub-section (1) or (2) of this section.

(4) The Commissioner may, on application made by the recipient of a payment referred to in sub-section (1) and after making such inquiry as the Commissioner thinks fit, may allow in cases where tax deductible under sub-section (1) is not minimum, by an order in writing, any person to make the payment after deduction of tax at a reduced rate but such reduction shall not exceed eighty percent of the rate specified in the said Division:

Provided that the Commissioner shall issue a reduced rate certificate within fifteen days of filing of an application to a company if advance tax liability has been discharged:

Provided further that the Commissioner shall be deemed to have issued the reduced rate certificate upon the expiry of fifteen days to the aforesaid company and the certificate shall be automatically processed and issued by Iris:

Provided also that the Commissioner may modify or cancel the certificate issued automatically by Iris on the basis of reasons to be recorded in writing after providing an opportunity of being heard.

(5) Sub-section (1) shall not apply to —

(a) a sale of goods where the sale is made by the importer of the goods and tax under section 148 in respect of such goods has been paid and the goods are sold in the same condition as they were when imported;

(b) omitted by the Finance Act, 2021.

(c) a refund of any security deposit;

(d) a payment made by the Federal Government, a Provincial Government or a Local Government to a contractor for construction materials supplied to the contractor by the said Government or the authority;

(e) omitted by the Finance Act, 2016.

(f) the purchase of an asset under a lease and buy-back agreement by a modaraba, leasing company, banking company or financial institution; or

(g) any payment for securitization of receivables ["or issuance of sukuks"] by a Special Purpose Vehicle to the Originator.

(6) Where any tax is deducted by a person making a payment for a Special Purpose Vehicle, on behalf of the Originator, the tax is credited to the Originator.

(7) In this section, —

(i) “prescribed person” means—

(a) the Federal Government;

(b) a company;

(c) an association of persons constituted by, or under law;

(d) a non-profit organization;

(e) a foreign contractor or consultant;

(f) a consortium or joint venture;

(g) an exporter or an export house for the purpose of sub-section (2);

(h) an association of persons, having turnover of [one hundred] million rupees or above in [any of the preceding tax years];

(i) an individual, having turnover of [one hundred] million rupees or above in [any of the preceding tax years];

(j) a person registered under the Sales Tax Act, 1990 [having turnover of one hundred million rupees or more in any of the preceding tax years];

(k) a person deriving income from the business of construction and sale of residential, commercial or other buildings (builder); or

(l) a person deriving income from the business of development and sale of residential, commercial or other plots (developer).

(ii) “services” includes the services of accountants, architects, dentists, doctors, engineers, interior decorators and lawyers, otherwise than as an employee;

(iii) “sale of goods” includes a sale of goods for cash or on credit, whether under written contract or not;

(iv) “manufacturer” means a person who is engaged in the production or manufacturing of goods, which includes—

(a) any process in which an article singly or in combination with other articles, material, components, is either converted into another distinct article or product is so changed, transferred, or reshaped that it becomes capable of being put to use differently or distinctly; or

(b) a process of assembling, mixing, cutting or preparation of goods in any other manner; and

(v) “turnover” means—

(a) the gross sales or gross receipts, inclusive of sales tax and federal excise duty or any trade discounts shown on invoices, or bills, derived from the sale of goods;

(b) the gross fees for the rendering of services for giving benefits including commissions;

(c) the gross receipts from the execution of contracts; and

(d) the company’s share of the amounts stated above of any association of persons of which the company is a member.