Ans: Standard rate of sales tax is 16% of the value of a service or services. However, telecommunication services are liable to sales tax @ 19.5%.

Ans: There is no change in tax rate as yet.

Ans: Sales tax return can be filed either electronically or manually. A complete procedure for filing of a return is prescribed under the Punjab Sales Tax on Services (Filing of Returns) Rules, 2012.

Ans: Sales tax registration number may be obtained from the Punjab Revenue Authority either through electronic request or manually. There is no fee or any charge on obtaining sales tax registration from PRA. A complete procedure for obtaining sales tax registration alongwith relevant forms is available in the Punjab Sales Tax on Services (Registration & Deregistration) Rules 2012. In case you are already registered with the Federal Board of Revenue, you need not to obtain a separate or additional registration for PRA. The system will automatically prefix the letter “P” with your previous registration number and include you in the registration data base (population of registered persons) of PRA. You will get intimation about such change, whereupon you will be entitled to refer such registration number in all your references, documents, returns, declarations and statements filed with or sent to PRA.

Ans: So far Fifty nine services have been bought under tax net under the Punjab Sales Tax on Services Act, 2012. They include services relating to hotels, clubs, caterers, advertisements on T.V & radio including cable TV, customs agents, ship chandlers, stevedores, telecommunication services, insurance and re-insurance, banking companies, non-banking financial institutions, stock brokers, shipping agents and courier services. The Second Schedule of the said Act gives full description of taxable services and has been uploaded on PRA website.

Ans: Every person who is engaged in providing taxable services is liable to be registered with PRA. No exemption threshold is applicable in case of services taxable under the Punjab Sales Tax on Services Act, 2012. The Government of Punjab will however, consider to prescribe suitable exemption threshold in case of services provided by hotels in terms of sub-section (3) of section 10 of the said Act.

Ans: The effective date of enforcement of the Punjab Sales Tax on Services Act, 2012 is the 1st day of July, 2012.

Ans: Sales tax shall be payable through filing of prescribed return in the designated branches of National Bank of Pakistan. The forms of sales tax return alongwith annexures and tax payment challan have been prescribed under the Punjab Sales Tax on Services (Filing of Returns) Rules, 2012. These forms can be downloaded from PRA’s website. Facilitation desks of Pakistan Revenue Automation Limited (PRAL) are available in the designated bank branches to guide and assist the taxpayers for filing of their returns and making payment of their due tax amounts in the bank. The taxpayers may also file their returns and make tax payments through the notified e-intermediaries as per list available on PRA’s website.

Ans: No exemption threshold is applicable in case of services taxable under the Punjab Sales Tax on services Act, 2012. The Government of Punjab will however, consider to prescribe suitable exemption threshold in case of services provided by hotels in terms of sub-section (3) of section 10 of the said Act. Notification in this regard shall be issued shortly.

Ans: Under section 2(38), definition of “service or services” is available, which says that service means anything which is not goods or providing of which is not a supply of goods and shall include but not limited to the services listed in the First Schedule of the Punjab Sales Tax on Services Act, 2012. For clarification purpose, an explanation has been added to the said definition, which says that a service shall remain and continue to be treated as service regardless whether or not rendering thereof involves any use, supply or consumption of any goods either as an essential or as an incidental aspect of such rendering. The services which are liable to sales tax are listed in the Second Schedule. The services which are covered under the First Schedule but are not included in the Second Schedule are non-taxable services. However, in the Second Schedule there are certain exemptions within the taxable categories of services. For instance in case of advertisements on television and radio, the advertisements sponsored by the Federal Government and Provincial for health and education purposes are exempt. Similarly in case of insurance, marine insurance for export, life insurance, health insurance and crop insurance are exempt. For more details, please consult the Second Schedule.

Ans: The sales tax on services system as embodied in the Punjab Sales Tax Services Act, 2012 and rules made thereunder is based upon the principles of self-assessment, self-declaration and self-compliance. The PRA does not exercise any physical control on the economic or business activity of a person providing taxable services. The taxpayer is himself responsible to issue tax invoices, assess his tax liabilities, file sales tax returns, make tax payments, keep proper records and accounts of his taxable transactions and comply with other legal obligations. The only interaction which may take place between the PRA’s officers/officials and the taxpayers is through periodical audits, which too are generally conducted after advance intimation to the concerned registered persons.

Ans: The Punjab Sales Tax on Services Act, 2012 and rules made thereunder provide for a separate provincial level tax system. A separate return is required to be filed in respect of the services which are liable to tax under the said law. Where any person is providing taxable services in different provinces, he is required to obtain separate registration from PRA and file separate returns with PRA in respect of the services provided by such person in the province of Punjab. The rules issued under the Punjab Sales Tax on Services Act, 2012 take care of and answer all questions about the place of supply of a taxable service with reference to the provincial territory of Punjab. In this regard, provisions of section 4 of the aforesaid Act may also be seen.

Ans: The input tax paid on the purchase of goods or acquisition of services used exclusively in rendering of taxable services shall be admissible in terms of the Punjab Sales Tax on Services (Adjustment of Tax) Rules, 2012 read with section 16 of the Punjab Sales Tax on Services Act, 2012. The said rules however, provide for certain conditions and restrictions on the admissibility of adjustment of input tax paid on certain goods or services.

Ans: The input tax adjustment shall be limited to the extent of taxable services. Where a person is providing both taxable and exempt or non-taxable services, adjustment shall be confined to the extent proportionate to the quantum of taxable services. For this purpose, apportionment formula has been incorporated in the Punjab Sales Tax on Services (Adjustment of Tax) Rules, 2012. The deduction of admissible adjustment of input tax shall be made at the time of filing of tax return wherein the output tax liability shall be reduced to the extent of input tax admissible for adjustment under the aforesaid rules.

Ans: The sales tax paid on purchase of goods under the Sales Tax Act, 1990 (VII of 1990) administered by the Federal Board of Revenue shall be admissible for adjustment against the amounts of output tax payable on taxable services under the Punjab Sales Tax on Services Act, subject to the conditions and limitations specified in the Punjab Sales Tax on Services (Adjustment of Tax) Rules, 2012.

Ans: No input tax adjustment shall be admissible to the input tax carried forward from the period prior to the commencement of the Punjab Sales Tax on Service Act, 2012.

Ans: Under Article 264 of the Constitution of Pakistan 1973 read with section 4 of the Punjab General Clauses Act, 1956 and section 87 of the Punjab Sales Tax on Services Act, 2012, the recovery of sales tax arrears on relevant taxable services shall continue to be effected by the Federal Board of Revenue unless the Government of Punjab specifically undertakes to realize such arrears at its own level. It is however, clarified that the Government of Punjab has not so far taken any decision in this regard and it is understood that recovery of such arrears shall be effected by the Federal Board of Revenue. Deposit of such arrears shall nevertheless, be made with the Government of Punjab on the prescribed return on PRA portal.

Ans: Under section 87(2) of the Punjab Sales Tax on Services Act, 2012, the pending adjudications including appeals etc shall be decided by the officers/authorities previously competent to decide such adjudications etc. These officers/authorities shall accomplish the outstanding adjudication work as if the Punjab Sales Tax on Services Act, 2012 has not come into force.

Ans: Under section 32 of the Punjab Sales Tax on Services Act, 2012, the standard or normal period for retention of sales tax records is five years and the competent PRA officer can call for record maintained either under the said Act or any other law for official purposes. The provisions for departmental audit are given in section 33 of the aforesaid Act. The Punjab Revenue Authority has issued the Punjab Sales Tax on Services (Audit) Rules, 2012. Thus, in case of registered persons, where the Federal Board of Revenue has not commenced proceedings for audit, the officers of PRA can undertake and conduct audit under section 33 of the Punjab Sales Tax on Services Act, 2012 even for the period prior to the commencement of the said 2012 Act.

Ans: Till PRA establishes its own headquarters, the documentary correspondence with PRA may be addressed to the Chairperson, Punjab Revenue Authority through the Secretary, Department of Finance, Government of Punjab, Civil Secretariat, Lahore.
(From 01-12-2012 onwards, PRA headquarters’ office stands shifted to 5-B, Danepur Road, GOR-I, Lahore and future correspondence may therefore, be sent to the new address).

Ans: No input tax adjustment shall be admissible under the Punjab Sales Tax on Services law against invoices issued by persons who have been declared non-active or otherwise blocked in the computer system or suspended by the Federal Board of Revenue. However in cases where a suspension of any registration has been restored and it is proved that suspension was unjustified, input tax adjustment shall subject to the prescribed conditions and restrictions become admissible on post facto basis immediately after restoration of the suspended (or even cancelled registration). The rules relating to registration and deregistration, and adjustment of tax take care of such situations.

Ans: Under the arrangement agreed with FBR and PRAL, all registered persons who were registered and paying sales tax under the repealed Punjab Sales Tax Ordinance, 2000 (II of 2000) as amended from time to time shall be included in the list of registered persons of Punjab Revenue Authority after prefixing the capital letter “P” with their previous or existing registration numbers. After such migration, an indication and advice shall be given by the system to every such person who is attempting to file return with FBR to switch over to PRA portal for filing the return at PRA Portal. FBR portal will continue to accept their returns in case they have any taxable activity in any other province/ICT. Their user IDs will remain the same for the purpose of filing returns on PRA’s website, however they will have to chose a new password for filing at PRA Portal. However in case of any eventuality involving payment of sales tax to FBR which was otherwise due to be paid to the Government of Punjab under the Punjab Sales Tax on Services Act, 2012, PRA shall take up with FBR for redirection of such tax amounts to the Government of Punjab.

Ans: Designated branches of National Bank of Pakistan are available throughout the country. As per arrangements made with PRAL, all NBP branches designated to receive Federal sales tax (collected by FBR) will accept and receive payments of Punjab sales tax on payment challans prescribed in the rules issued by PRA in this behalf. More importantly, almost in every major designated NBP bank branches, Taxpayers Facilitation Desks of PRAL are available where PRAL’s staff is present to assist the visiting taxpayers for the filling of their returns, making tax payments and filing of returns. A taxpayer may also approach any e-intermediary or himself file his electronic return on PRA’s portal. A complete procedure for filing electronic return is described in the PRA’s Punjab Sales Tax on Services Rules relating to filing of returns. The tax payments sent to PRA through cross-cheques, bank drafts, pay orders or similar money-transferring banking instruments and manually filled returns sent to PRA through courier or post will also be honoured by PRA. The time taken during such conveyance or travel of these documents etc shall be ignored for the purpose of determining the tax payment date or return filing date.

Ans: Section 4 of the Punjab Sales Tax on Services Act, 2012 is based upon a universally recognized and fundamental principle of VAT, i.e, in case of taxable services provided from one territory and consumed in another territory, the right to tax vests with the Authority of the territory where service is consumed. VAT is not concerned with the source or locale of payment of the price of the service. In broader terms, this principle is also applicable in international trade. Under VAT, exports to other countries are zero-rated by the exporting country and imports are charged to tax by the importing country. In countries where VATs are administered at sub-national levels, reciprocal zero-rating of trade of goods or services between sub-national units is allowed only if the tax authorities of the concerned sub-national units agree. In Pakistan, no such agreement exists between the two provinces (Sindh and Punjab) which are collecting and administering sales tax on services at their own respective ends. Hence no input tax adjustment has been allowed against output tax payable under section 4. That being so, the aforesaid section 4 envisages two scenarios of the situation where a service provider is located outside Punjab but service consumer is located in Punjab, namely;

	(i)	Where service provider is registered but service recipient is not registered.
	(ii)	Where both service provider and service recipient are registered.
Where a person is registered for sales tax purposes under the law other than the Punjab Sales Tax on Services Act, 2012, such person shall send electronic or other intimation to both PRA and PRAL giving the basic particulars of his existing registration. PRAL will retrieve his all registration data from the computer system of FBR or SRB as the case may be, add prefix “P” to his registration number and allow him access to PRA’s portal where upon he will be in position to file his returns and make tax payments to the Punjab Government. In this way, answer to the aforesaid two scenarios is as under:
	(i)	In cases where both the service provider and the service recipient are registered, the responsibility to deduct and deposit tax and file return will be with the service recipient.
	(ii)	In cases where service recipient is not registered, the responsibility to charge/pay tax and file return will be with the service provider.
Non-compliance will attract legal action by PRA.

Ans: Under the Punjab Sales Tax on Services Act, 2012, no direct zero-rating is available in respect of any taxable services. Export of taxable service as such is not liable to tax. However, in view of the provisions of sections 12 and 16, the export of taxable services outside Pakistan has been allowed the facility of refund under Chapter IV of the Punjab Sales Tax on Services (Adjustment of Tax) Rules, 2012. Taxable service shall be treated as having been exported if its delivery has been consummated for consumption outside Pakistan against receipt of its price in convertible foreign exchange through declared banking channels and use/supply or consumption of any goods in the export-related rendering of such service has been treated as zero-rated under the Sales Tax Act, 1990. PRA will refund only such amount of tax as has been paid on any service under the Punjab Sales Tax on Services Act, 2012 used in the providing of the exported service. A complete procedure of refund has been described in the aforesaid rules.

Ans: The concept of supplementary invoice has been introduced in Chapter-II of the Punjab Sales Tax on Services (Adjustment of Tax) Rules, 2012. Credit and debit notes are issued where the amount (both value of the service and tax involved therein) shown on the tax invoice (or on return) is requested to be modified downward. But there are situations where value of service and amount of tax shown on the invoice needs to be changed on higher side. To actualize such change, a supplementary invoice can be issued giving reference to the original or principal invoice. All credit and debit notes or supplementary invoices are to be counted for in the assessments on the returns of the tax period in which they are issued. These provisions are basically meant for facilitating business documentation from sales tax point of view. The practice of issuing supplementary tax invoice is in vogue in several countries having VAT systems.

Ans: Under VAT, the sales tax paid on purchases or acquisitions of inputs is internationally known as input tax and output tax is the sales tax which is calculated on the sale or supply of output(s) produced or generated from those inputs. Tax liability is always equal to output tax minus input tax subject restrictions or limitations prescribed by the relevant VAT law. Sub-section (2) of section 16 of the Punjab Sales Tax on Services Act, 2012 authorizes PRA to adopt the principles and concepts laid down in any other sales tax law for the purpose of adjustments, deductions or refunds including the principle of zero-rating. Thus, the expression “input tax” like several expressions of VAT jargon has been used as a general term already widely known to the public. The concepts of input tax or output tax are also clear from section 10(4) of the Punjab Sales Tax on Service Act, 2012.

Ans: Under sub-section (4) of section 10 of the Punjab Sales Tax on Services Act, 2012, credit of input tax can be taken relating to the invoice (issued under the said Act) not older than six months. This is a general relaxation. However, on the expiry of six months period in case of any particular input tax invoice, the unclaimed adjustment or deduction can still be made in the returns of the succeeding four tax periods under intimation to the concerned Commissioner of PRA. Thus, in case of any particular invoice accumulated extended period in claiming input tax credit is ten months, i.e. six months prior to the return in which the credit could be last taken but was somehow not taken and four months after filing of such return. In this way, an input tax invoice remains admissible for adjustment or credit for ten consecutive months but intimation to the Commissioner is must if adjustment or credit is taken after expiry of six months from the tax period (inclusive) to which tax invoice relates. This is of course an extraordinary facility to the taxpayers and will also take care of late-received invoices.

Ans: All services (other than interest-based) provided by banks and NBFIs are liable to sales tax under the Punjab Sales Tax on Services Act, 2012. The banks or NBFIs which are already registered with FBR are not required to obtain new registrations from PRA. Their existing registrations will be automatically revalidated on PRA’s web-portal by prefixing “P”. Such Banks and NBFIs are required to charge, collect and pay sales tax to the Punjab Government on the basis of fee, charge or commission received by them for providing the taxable services. Subject to the limitations and restrictions imposed on the adjustment of input-tax under the relevant rules framed by PRA, the banks and NBFIs will be required to deposit tax by 15th and file return by 18th of every month. PRA has not specified any separate records or registers for the Banks on NBFIs. They may maintain their records, either manual or electronic, as per their practices but such record must be in such form as will, as and when required, enable PRA to ascertain the accuracy and correctness of their assessments and declarations for the purposes of Punjab Sales tax on Services Act, 2012.

Ans: The registrations under the Punjab Sales Tax on Services Law will certainly be in the name of the banking companies and non-banking financial institutions. But these registrations will be relevant and effective only for the purpose of Punjab sales tax. The concept of Provincial head office is primarily meant for representation purpose. Such offices will be responsible for interacting with PRA on their national headquarters’ behalf on Punjab sales tax matters. They shall be treated as liaison offices for the purposes of tax matters covered under the jurisdiction of PRA. It is however, clarified that designation of Provincial head offices is required only from those banks and NBFIs whose national headquarters (head offices) are located outside Punjab. Nomination of Provincial head offices will practically facilitate smooth relationship between the banks/NBFIs and PRA. Where any bank or NBFIs has its national headquarter in Punjab, PRA shall treat such headquarter as Provincial head office for the purposes of Punjab Sales Tax on Services Law.

Ans: The issues of territoriality do not crop up in case of national VAT systems. However, where a country’s VAT system is partitioned at sub-national levels or where sub-national units like provinces or sub-national states are collecting VAT in their respective territories, the issues of territoriality do arise. But such issues are relevant only is respect of supplies (rendition in case of services) which are made or exchanged within the national boundaries of a country. Supplies relating to international trade do not involve such issues. Several VAT experts have examined the territoriality issues in respect of services which are being rendered by the same service provider in different geographical boundaries of sub-national units in a nation state. Examples of such services are usually found in banking, insurance and courier. The accepted principle for amicable solution of these issues is that where a service is provided to a customer, client or recipient at a given geographical location (without involving any element of international trade), tax on such service is countable to a authority which has jurisdiction to collect tax in that particular geographical location. In such cases, implications of the service provided for other sub-national units become irrelevant. The banks (including NBFIs), insurance and courier companies (service providers) pay VAT on their services on the basis of territoriality, i.e., geographical location where service has been provided and charged, invoiced or billed to fee, commission or service charges. The Punjab Sales Tax on Services Law does not depart from this well-accepted VAT practice.

Ans: The answer is simple “NO” because withholding tax is applicable only in respect of such taxable services where sales tax invoice proper has been issued. In case of taxable services, where charges are billed not in the ordinary form of a sales tax invoice but their bills are, under a fiction of law, declared to be deemed or treated as sales tax invoices for the purpose of input lax credit, adjustment or refund, no withholding tax will apply. In nutshell, deemed tax invoices are not liable to deduction of any withholding tax under the Punjab Sales Tax on Services Law. Recipient of such services shall pay tax to the concerned service provider as a part of price of the service (service charges/value of service) as per deemed sales tax invoice, who will deposit the same with the Punjab Government in the prescribed manner and mode.

Ans: Answer to this question lies in the Punjab Sales Tax on Services Rules relating to specific provisions. The telephone calls originating outside Punjab but terminating in Punjab are liable to Punjab Sales Tax only to the extent they are charged to the end consumers in Punjab. Where charges of such calls are partially born by a consumer in the Punjab, sales tax shall be payable only to that partial extent. However, if all the charges are born by a person outside Punjab, no tax shall be payable under the Punjab Sales Tax on Services Law. The telecom companies will likewise pay tax on international calls subject to sharing of charges only to the extent of their pecuniary share of charges for transmission and delivery of such calls in Punjab. Pecuniary share means the charges born by end consumer in Punjab.

Ans: The place of supply (rendition) of service in case of telephone calls which are both originating and terminating in Punjab is the place where such call is charged from the user/consumer. If the same telecom company is handling both origination and termination of such call, it will pay sales tax on whole of the charges received in respect of a particular such calls. However, in situations where charges of such calls are shared between two or more telecom companies, they will pay tax according to their respective share.

Ans: Yes: where a telecom company operating in Punjab is contractually or otherwise providing roaming services of telecommunication in Punjab in respect of connections hailing from outside Punjab and is charging service charges for such roaming services within the territory of Punjab, such company shall pay sales tax on such charges under the Punjab Sales Tax on Services Act, 2012.

Ans: Punjab Revenue Authority is a new institutional creation. History of human civilization has ample testimony that in the statecraft regime, institutions cannot be developed overnight. Institutions are not developed; they grow and mature out of human ingenuity to accelerate economic development and social welfare. The Punjab government has very sincerely and enthusiastically laid down the foundation of PRA. The government has a complete future vision to steer PRA into a sustainable modern and progressive revenue organization. PRA has taken start with the collection and enforcement of sales tax on services. It will undertake collection of other provincial taxes as and when responsibility to that effect is assigned by the Punjab government. It is hoped that under the reformed tax administration environment, PRA will make maximum contribution towards the provincial resource mobilization.

Ans: In the Budget 2012-13, the Punjab government has made a new legislation for sales tax on services titled the Punjab Sales Tax on Services Act, 2012. The Punjab Sales Tax Ordinance, 2000 has been repealed. Under the new legislation, the coverage of tax has been for the time being confined to the fourteen services earlier covered under the repealed Ordinance. These services include Hotels, Clubs, Caterers, Advertisements on T.V & Radio Including Cable T.V, Customs Agents, Ship Chandlers, Stevedores, Telecommunication, Insurance and Re-Insurance, Banking Companies, Non-Banking Financial Institutions, Stock Brokers, Shipping Agents and Courier Services. The government will surely bring more services into provincial sales tax net in due course. At present, Sindh Revenue Board is collecting sales tax on more than thirty services. In Punjab, FBR is collecting sales tax on restaurants and Federal excise duty on franchise services and non-classified print media advertisements including hoarding boards, pole signs and sign boards etc. A strong thinking is currently going on in the Punjab government to shift these three services from Federal excise to Punjab sales tax regime. New services will however, not be brought under provincial sales tax net haphazardly; proper research will be done so as to ensure that tax obligations do not hurt consumer choices and remain within the public affordability fourwalls.

Ans: The Punjab government is expecting that by the end of year, PRA will be able to collect Rs.40 billion including the (yet transferable) sales tax collection made by FBR in the month of July, 2012 relating to the tax period of June, 2012. PRA has not so far examined the micro bases of the annual target assigned to it. It will conduct a detailed exercise in the second quarter of the year to see how much revenue it would be able to reap from the fourteen services by the end of the year. PRA will however, make all-out efforts to achieve the annual target.

Ans: Presently, Punjab Revenue Authority is not collecting sales tax on services provided by restaurants as such. However, if any restaurant is also engaged in providing or otherwise provides catering services, it will pay Punjab sales tax on such services. Here the legal/technical distinction between restaurant services and catering services need to be clearly kept in view. Unlike catering services, restaurant services are meant exclusively for walk-in customers. The banquet halls/marriage halls/lawns are not chargeable to Punjab sales tax. That means their “rental” is not taxable. However, as per inclusionary definition of caterer given in rule 29 of the Punjab Sales Tax on Services (Definitions) Rules, 2012, the indoor/inside or outdoor/outside catering services by or of such halls/lawns are chargeable to Punjab sales tax.

Ans:
1. This is an important question because several instances have been noticed by the Punjab Revenue Authority wherein several registered persons including telecom companies, insurance companies and banks etc are withholding sales tax amounts on advertisements run on their behalf by television and radio media etc but are not depositing it with the Punjab government. They are rather including the withheld amount in their input tax thereby adjusting it against their overall output liability, which means they are counting the same amount as input tax and as output tax simultaneously in the same return resulting into no payment to the Punjab government. The Authority has examined the legal propriety of this practice and has found that it is not consistent with the law as explained hereinafter.

2. Under rule 6 of the Punjab Sale Tax on Service (Withholding) Rules, 2012, the recipients of advertisement services who are registered for Federal sales tax on goods or for the Punjab sales tax on services, are required to deduct the whole amount of Punjab sales tax chargeable on advertisement services. Under rule 12, all amounts of the Punjab sales tax on services deducted or withheld under the said rules are required to be deposited with the Punjab government. Under rule 13, the application of the provisions of other rules and notifications issued under the Punjab Sales Tax on Services Act, 2012 has been restricted only to the extent these provisions are not inconsistent with the provisions of the Punjab Sales Tax on Services (Withholding) Rules, 2012, which means the provisions of the Punjab Sale Tax on Services (Adjustment of Tax) Rules, 2012 which regulate input tax adjustment of Punjab sales tax, do not apply to the liability dischargeable under the withholding tax scheme.

3. Within the domain of Punjab sales tax, input tax adjustment is generally admissible under section 10 (4) of the Punjab Sales Tax on Services Act, 2012. The provisions of section 16 do not apply to cases where adjustment of Punjab sales tax against Punjab sales tax is involved. Under section 10 (4), the Punjab Revenue Authority can disallow or restrict input tax adjustment (deduction) in case of Punjab sales tax on any service or services. Under rule 6 readwith rule 12 of the Punjab Sales Tax on Service (Withholding) Rules, 2012, Punjab sales tax on advertisement services is liable to be withheld and deposited as such with the Punjab government without any deduction or adjustment, whatsoever, by the recipients of such services, who are registered for the Federal sales tax on goods or for the Punjab sales tax on services. These two rules ipso facto and inherently impose restriction on the adjustment of the withheld amounts of Punjab sales tax on advertisement services.

4. The above interpretation clearly shows that the registered persons under reference are not discharging their Punjab sales tax (withholding tax) liability properly on the acquisition of advertisement services. They are not entitled to adjust the withheld amount under reference against any other liability of the Punjab sales tax. Thus, it is clear that the past liability of payment of withheld amounts of sales tax in respect of advertisements stands undischarged by several registered persons under reference. All such persons are therefore, individually and severally advised to immediately pay these amounts to PRA with effect from 01-07-2012. In future, they may either pay such amounts in advance of filing of their return or alternatively, pay them as a part of output tax on their monthly return without deducting the same as input tax in the same return or in any future return.

Ans:
1. Under rule 106 of the Punjab Sales Tax on Services (Definitions) Rules, 2012, telecommunication services include the transfer or assignment of the right to use capacity for such transmission, emission or reception and provision of access to a global or local information network. As provided under clause (38) of section 2 of the Punjab Sales Tax on Services Act, 2012, a service remains and continues to be a service regardless whether or not rendering thereof involves any use, supply or consumption of any goods either as essential or incidental aspect of such rendering.

2. Besides, when any specific service falling in a class of services is not specified by description under a separate sub-heading of a classification, it falls, depending upon its technical categorization or sub-categorization, either in the residual sub-classification (others) of the relevant sub-heading or in the last (grand) residual sub-classification of the main classification. The service of renting any space on towers by the telecom companies for installation of boosters will be classified accordingly and will, attract sales tax in terms of rule 25 of the Punjab Sales Tax on Services (Specific Provisions) Rules, 2012.

3. Moreover, under clause (b) of section 6 (1) of the Punjab Sales Tax on Services Act, 2012, supply of moveable property by way of lease, license or similar arrangement is covered under the concept of economic activity and any transaction of supplying anything other than goods during the course of economic activity is service.

4. Mere renting out of any space on towers owned by telecom companies, even though used for installation of boosters meant for providing broadband internet services (which are currently exempt from Punjab sales tax) does not entitle such telecom-related renting service to any exemption from Punjab sales tax whether with reference to broadband internet services or otherwise. The telecom companies, who charge rental amounts, shall therefore, be required to charge, collect and pay sales tax against the tax invoices issued to the broadband service providers. The principle that unless zero rated, exempt supplies/services by and large remain input tax-paid, has a universal application under VAT or VAT-type taxation.

Ans: There is no change in rate of tax in case of restaurant services and advertisements. However, the rate of Punjab sales tax on franchise services is 16% instead of the 10% rate of Federal excise duty which was being collected by FBR prior to 06-10-2012. Since franchise amounts are paid out of turnover of a business, the amount of franchise fee chargeable to Punjab sales tax is deductable from the turnover of a business chargeable to Punjab sales tax. Thus double taxation has been avoided within the system of Punjab sales tax on services. For more details, Chapter XII of the Punjab Sales Tax on Services (Specific Provisions) Rules, 2012 inserted vide PRA’s notification No.PRA/Order.06/2012 (13) dated 08-11-2012 may be consulted.

Ans: There is as such no change in the valuation base of franchise services for the purpose of calculating the amount of Punjab sales tax at the rate of 16%. Valuation mechanism in case of franchise services is described in rule 57 of the Punjab Sales Tax on Services (Specific Provisions) Rules, 2012 as amended. The gist of this rule is that where a formal franchise agreement exists, the amount of franchise stated in the agreement shall be used to calculate the amount of Punjab sales tax unless the amount of franchise actually paid exceeds the agreed amount, in which case the actually paid higher amount shall be made basis for assessment of Punjab sales tax. However, where no agreement exists, the net sales of the franchisee during the relevant period shall be taken as value for the levy of Punjab sales tax. In all situations, the gross amount of franchise whether paid under agreement or otherwise shall be taken. No input tax adjustment is admissible against or for the amount of Punjab sales tax payable or paid on franchise services.

Ans: Like clubs, several restaurants are rendering bakeries or otherwise selling bakery products in their restaurant business premises. These products are sold not only as “take away” or “outdoor sales” but also sometimes, generally or regularly served within the restaurants. It is certainly an option of the customer to consume the eatables/drinkables on the restaurant premises or take the same away for subsequent consumption. Under the Punjab Sales Tax on Services Act, 2012, the words “services provided by restaurants” have been used. The expression “services” includes all types of services whether they involve serving of eatables and drinkables within the restaurant premises or sale of eatables and drinkables from the premises of restaurant in any other manner, mode or style. Such being the legal position, Punjab sales tax is leviable on the sales of bakery products just like other taxable services provided by the restaurants (or by clubs as usual). In this regard, the explanation given in clause (38) of section 2 of the Punjab Sales Tax on Services Act, 2012 where the expression “services” or services” has been defined for the purpose of Punjab sales tax, may be seen.

Ans: Payment or deposit of Punjab sales tax with any other tax organization including FBR amounts to non-payment of such tax with the Punjab government/Punjab Revenue Authority. Any non-payment of due Punjab sales tax will attract determination and recovery of tax liability besides penal action under the Punjab Sales Tax on Services law.

Ans: Punjab sales tax is leviable on specified services with effect from a certain date. Except restaurant services, franchise services and certain categories of advertisements on which Punjab sales tax has been levied with effect from 06-10-2012, Punjab sales tax is chargeable on all other taxable services with effect from 01-07-2012. The persons whether registered or not who are providing taxable services are required to pay sales tax and file return with effect from the date on which a service has been subjected to Punjab sales tax. However, the persons who have yet not obtained registrations from PRA or who have applied for registration with PRA but their registration numbers have not been generated by the system, may make payments by preparing CPRs with the help of PRAL’s officials/ staff posted in the designated branches of National Bank of Pakistan. PRA’s system will accept all such payments and will automatically post these payments in the registration/payment data base of a person after his regular registration.

Ans: Advertising agencies are required to be registered/e-enrolled with PRA as provider of taxable services if they are providing such services in or in respect of the province of Punjab. The registered recipients of taxable advertisement services are required to withhold the whole tax amount and deposit the same with the Punjab government to the extent these services are consumed in Punjab. Thus, advertising agencies are not required to act as withholding agent in such scenario. They will pay tax only in respect of the services which they provide to the unregistered recipients in Punjab subject to apportionment of tax amounts as and if needed.

Ans: Sales tax is payable by the advertising agency on the charges received by it. If these charges are restricted only to agency commission as an established business practice, the sales tax will be payable on commission amount only provided such commission amount has not been already taxed by another service provider like T.V or Radio channels etc while invoicing their services directly to the recipient of the service and if all transactions of the advertising agency are based upon receiving commission amounts already so taxed, the advertising agency shall only file a nil payment return. Unless specifically ordained in law, double taxation is generally avoided under VAT.

Ans: Subject to interprovincial apportionment of tax entitlement, a person registered with PRA receiving taxable advertisement services from a person registered with SRB or FBR will withhold the tax amount for deposit to the Punjab government.

Ans: Subnational sales taxation on services operates on the principle of economic jurisdiction, which means geographical jurisdiction is not a bar for a person to charge and pay sales tax to a tax agency of any specific geographical jurisdiction. Any person who holds NTN can get e-enrolled with PRA regardless of the physical location of his business or head office. Thus, if a person has his business office outside Punjab but he is providing taxable services in or in respect of Punjab, he may get himself e-enrolled with PRA and pay tax to the Punjab government to the extent of proportional entitlement of the province of Punjab. Here it needs to be emphasized that advertisement services consumed throughout Pakistan are subject to Punjab sales tax to the extent of proportional entitlement of the Punjab province as worked out on the basis of territory-wise turnover of the withholding agent and where such turnover data is not available, according to the population of the relevant territory.

Ans: The expression “advertisement” has been inclusively defined under rule 6 of the Punjab Sales Tax on Services (Definitions) Rules, 2012. According to this rule, advertisement includes any notice, circular, wrapper, document, hoarding, billboards or any other audio or visual representation made either by means of paint, colouration, sound, light, smoke or gas or otherwise. Similarly, under rule 7 of the said rules, advertising agency has been defined as any person engaged in providing any service or services connected with the making, preparation, display, demonstration or exhibition of advertisement in any manner and includes an advertising consultant by whatever name called.

2. In terms of notification No.SO(TAX)1-9/2011 dated 06-10-2012, advertisements on hoarding boards, pole signs and sign boards are chargeable to Punjab sales tax. Under section 2(38) of the Punjab Sales Tax on Services Act, 2012, an explanation has been added which says that a service shall remain and continue to be treated as service regardless whether or not rendering thereof involves any use, supply or consumption of any goods either as an essential or as an incidental aspect of such rendering.

3. Thus, the shop boards containing particulars of the business names or representation of other/allied business activities for the purpose of identification/publicity of the business activity at a specific premises, fall in the category of advertisements chargeable to Punjab sales tax.

4. If a recipient of the advertisement services is a person registered either with FBR or with PRA, he is required to withhold the whole amount of Punjab sales tax and deposit the same with the Punjab government without any deduction or adjustment as laid down in the Punjab Sales Tax on Services (Withholding) Rules, 2012, otherwise the service provider will collect and pay the tax.

Ans: The issue of chargeability of Punjab sales tax in respect of Punjab-based franchisers providing franchise services outside the province of Punjab has been examined. Rules 55 and 56 of Chapter XII of the Punjab Sales Tax on Services (Specific Provisions) Rules, 2012 deal with the situations where either franchisee is located in Punjab or where both the franchiser and franchisee are located in Punjab. These rules are not concerned with the situations where franchisers are located in Punjab but their franchises are located out of Punjab. Such situations shall be governed under section 11 (1) readwith section 3 (1) and section 4 (4) of the Punjab Sales Tax on Services Act, 2012. Under these provisions where a taxable service is provided (origination) by a person from his office or place of business in the Punjab in the course of an economic activity including the commencement and termination of the activity, the liability to pay tax is upon the person providing such service regardless of whether or not such service is provided to a person resident in Punjab or not. More importantly, the provisions of the Punjab Sales Tax on Services (Specific Provisions) Rules, 2012 are relevant only to the situations covered thereunder and tax treatment of the situations not covered under these rules is to be done within the general statutory framework of the Punjab Sales Tax on Services Act, 2012. Thus the franchisers who are providing franchise services from their offices or places of business located in Punjab to franchisees located outside Punjab are required to pay Punjab sales tax on such services. Their franchisees may take input adjustment against the output tax of other tax jurisdictions as per practice already in vogue. This is, however, subject to the reciprocity of the provisions of section 4 of the said Act amongst concerned revenue authorities, in which case tax will be apportioned between the relevant tax jurisdictions.

Ans: Under section 3(1) read with section 11(1) of the Punjab Sales Tax on services Act, 2012, if a person has an office or place of business in Punjab where from he is managing providing of services whether in Punjab or outside, the invoices issued for such services from the Punjab office will be counted towards the payment of Punjab sales tax. Provided that if a service is rendered by such person in a tax jurisdiction outside Punjab and the relevant law of that jurisdiction has provisions parallel to section 4 of the Punjab Sales Tax on Services Act, 2012 and the service is taxable over there, tax will go to that jurisdiction, otherwise tax will be paid to the Punjab government. However, if the office of a person is located elsewhere but he is providing service (s) in Punjab as a service company, he will have to pay Punjab sales tax.

Ans: The Exploration & Production (E&P) companies (having concession rights) which are doing mining, exploration or recovery or allied work by their own self are not as such liable to Punjab sales tax. However, the service companies (including contractors providing services to E&P or service companies in the aforesaid fields) who are providing services (all types of services) to E&P companies (on charges basis) in respect of mining, exploration or recovery (or related activities including survey) are required to pay Punjab sales tax. Tax is payable only on the basis of service charges agreed with E&P companies (in case of mining, the expression mining companies may be used if need be). All types of services relating or relevant to the aforesaid fields are covered under the said serial number 28.

Ans: Under section 2(38) of the Punjab Sales Tax on Services Act, 2012, the description and classification of services in the First Schedule is minimum. It is not necessary or essential for any service to be first mentioned in the First Schedule before bringing it to Punjab sales tax net by mentioning it in the Second Schedule. Thus, there is no need for tarrification of such services in Pakistan Customs Tariff. Description, categorization, classification or taxability of services operate independent of Pakistan Customs Tariff. The text (including its correct interpretation), description of the Punjab Sales Tax on Services Act, 2012 and rules made thereunder will prevail so far as the domain or scope of Punjab sales tax is concerned.

Ans: Under the Punjab Sales Tax on Services (Withholding) Rules, 2012 as amended vide notification No.PRA/Orders.06/2012 dated 28-05-2013, withholding tax is applicable on advertisement services across the board. In case of services relating to telecommunication, banking, courier and insurance, no withholding tax is applicable. Similarly, the services (other than advertisement services) provided by corporate sector businesses registered under Punjab Sales Tax on Services Act, 2012 are also not subject to withholding tax. For withholding tax in case of advertisement services, the distinction of corporate and non-corporate businesses is not applicable or relevant. Tax on advertisement services is to be withheld by the withholding agents under all circumstances. However, a person providing advertisement services to an unregistered person or to a person who is not a specified withholding agent, shall charge, collect and pay Punjab sales tax at his own level.

Ans: The E&P companies which are doing mining, exploration or recovery or allied work by their own self are not liable to Punjab sales tax. However, the service companies (including contractors providing services to E&P or service companies in the aforesaid fields) who are giving services (all types of service including drilling, cementation, wireline services, fracturing, geological and geophysical survey, technical analysis of geological and geophysical data, data consulting and soil testing etc ) to E&P companies (on charges basis) in respect of mining, exploration or recovery (or related activities including survey) are required to pay Punjab sales tax. Tax is payable only on the basis of service charges agreed with E&P companies (in case of mining, the expression mining companies may be used if need be).