Avoiding Penalties: 5 Common Income Tax Filing Errors to Prevent FBR Notices

0

Avoiding Penalties: 5 Common Income Tax Filing Errors to Prevent FBR Notices

Filing your annual income tax return in Pakistan is a civic responsibility, but for many taxpayers, the process is a source of anxiety. That anxiety often stems from the fear of receiving a dreaded FBR notice https://www.fbr.gov.pk/ (Federal Board of Revenue) asking for clarification, demanding documentation, or, worse, levying a penalty.

Receiving a notice usually means one thing: an error or omission in your return has triggered an automatic system audit or review. The good news is that most FBR notices related to individuals and small businesses can be entirely avoided by steering clear of a few common mistakes.

This guide details five prevalent income tax filing errors in Pakistan and explains how to prevent them, ensuring your return is accurate, compliant, and stays off the FBR’s radar.


1. Inaccurate Reconciliation of Tax Deducted at Source (TDS)

This is arguably the most common cause of FBR scrutiny. Every time a bank deducts Zakat, your employer deducts tax from your salary, or a client deducts tax from your services payment, that amount is reported to the FBR under your National Tax Number (NTN) or CNIC.

The Error: Mismatching Figures

Taxpayers often incorrectly report the amount of tax withheld. This happens because:

  1. They forget to collect the Withholding Tax Certificates from all sources (banks, employers, clients).
  2. They manually enter an amount that doesn’t exactly match the figure reported by the withholding agent (the company/bank that deducted the tax).

The FBR’s system automatically cross-references the tax shown as deducted in your return with the tax submitted under your name by various withholding agents. If there’s a significant variance, the system flags your return instantly.

Prevention Strategy: The Three-Point Check

  • Obtain All Certificates: Insist on receiving Form 16 (from your employer) and all withholding certificates (bank profit on debt, contract payments, etc.).
  • Use FBR Data (Active Taxpayer): Before finalizing your return, check the data available to the FBR on the IRIS portal https://www.fbr.gov.pk/ under the “Deducted/Collected Tax” section. Ensure your entries align with the FBR’s records.
  • Reconcile Bank Profit: Always use the exact profit amount and tax deducted shown on your bank’s annual statement or profit certificate.

2. Failure to File the Mandatory Wealth Statement (Form 119)

For every individual who is required to file an income tax return, submitting a Statement of Assets and Liabilities (Wealth Statement) is mandatory, regardless of income level. Many taxpayers treat it as an afterthought, leading to immediate penalties.

The Error: Unexplained Wealth or Income Reconciliation

The primary purpose of the Wealth Statement is not just to declare your assets but to reconcile your net wealth change from the previous year. The FBR focuses heavily on the “Reconciliation of Net Worth” section, ensuring your declared income aligns with the increase in your assets.

Common errors include:

  • Failing to declare cash-in-hand or jewelry.
  • Not adequately explaining the source of funds used to purchase a new asset (e.g., a car or property) when the cost exceeds the declared income for that year.
  • Omitting foreign assets and foreign income.

Prevention Strategy: Connect Income to Assets

  • Mandatory Filing: Never skip the Wealth Statement. The FBR treats non-submission as non-compliance.
  • Reconciliation is Key: Ensure the increase in your Net Assets (Assets minus Liabilities) from the previous year is adequately explained by your Declared Income (and any other declared non-taxable sources like gifts, loans, etc.).
  • Be Detailed: If you received a large gift or a loan, declare it in the appropriate section (Personal Expenses and Assets/Liabilities) to explain where the new funds came from.

3. Incorrect Classification of Income and Tax Status

Taxpayers often use wrong categories for their income or tax status, which can lead to miscalculation of the final tax liability and trigger a notice.

The Error: Confusing Final Tax Regime (FTR) and Minimum Tax (MTR)

  • Misclassifying Income: Income taxed under the Final Tax Regime (FTR), like certain types of exports or profit on prize bonds, cannot be reclassified as normal taxable income. When FTR income is mistakenly included in the main taxable slab, the FBR system detects the error.
  • Incorrect Salaried Definition: A common mistake for freelancers or part-time business owners is classifying themselves primarily as “Salaried” when their business income is the larger source. If your income from Salary is less than 75% of your total taxable income, you are treated as a non-salaried individual, which impacts tax slabs and rates.

Prevention Strategy: Know Your 75% Rule

  • Check Income Sources: Carefully determine the percentage split between your salary and business/other income. If salary is below 75%, select the correct non-salaried category on the IRIS portal.
  • Segregate FTR Income: All income that has already been taxed at a final rate (FTR) must be entered into the dedicated FTR sections of the return. Do not mix it with your Normal Tax Regime (NTR) income.

4. Non-Filing or Late Filing of Return

This is the easiest mistake to make, leading to immediate and harsh consequences, including exclusion from the Active Taxpayer List (ATL).

The Error: Missing the Deadline

The statutory deadline for individuals and salaried persons is generally September 30th (though extensions are often granted). Many assume that since their tax has already been deducted by their employer (TDS), filing the return is not essential. This is incorrect. If you are required to file, the failure to do so is a clear violation.

Prevention Strategy: Timeliness is Compliance

  • File on Time: Make it a priority to file before the deadline.
  • ATL Status: Not filing on time means you are excluded from the ATL the following tax year, resulting in:
    • Higher withholding tax rates on bank transactions.
    • Higher withholding tax rates on car token payments and property transactions.
    • Fines and penalties imposed by the Commissioner.

If you miss the deadline, the FBR may still allow you to file the return (and pay a penalty fee) to restore your ATL status for the next year.


5. Ignoring the Mandatory Disclosure of Personal Expenses

The FBR requires taxpayers to declare their annual personal expenses to create a complete financial picture, which is then cross-referenced with your declared income.

The Error: Understating or Omitting Expenses

Taxpayers often neglect or intentionally understate expenses like utility bills, school fees, and travel costs. If your declared income, combined with previous savings, is insufficient to cover your declared expenses, the FBR will raise a query about the source of the missing funds.

Prevention Strategy: Be Transparent and Realistic

  • Declare All Major Expenses: Accurately include details of electricity bills, gas bills, property taxes, school fees, vehicle maintenance, and travel expenses in your Personal Expenses section of the Wealth Statement.
  • Consistency is Key: Ensure the declared expenses are realistic relative to your lifestyle and the income you have declared. For instance, if you declare minimal income but live in a large house with high utility bills, your return will likely be scrutinized for unexplained income sources.

By paying attention to these five critical areas—especially the reconciliation of withholding tax and the proper completion of the Wealth Statement—you can significantly increase the accuracy of your income tax return, minimize your risk of FBR notices, and remain a fully compliant Active Taxpayer.

Leave a Reply

Your email address will not be published. Required fields are marked *