ISLAMABAD: The FBR has agreed to refund tax collected on deemed rental income from immovable properties under Section 7E of the Income Tax Ordinance, 2001, months after Pakistan’s FCC struck the provision down as unconstitutional.
The relief follows sustained advocacy by the Lahore Tax Bar Association’s Public Interest Litigation Committee, whose chairman, Waheed Shahzad Butt, had repeatedly petitioned the FBR since the FCC’s May 7, 2026 verdict voided Section 7E in its entirety, along with all notices issued under the clause since its introduction through the Finance Act 2022.
In a letter dated September 23 to all Chief Commissioners of Inland Revenue across large taxpayer, corporate, and regional offices, the FBR directed that it must not turn down revision requests filed in response to the court order and must process any refunds arising from such revisions without delay.
The reversal affects a wide pool of taxpayers, as Section 7E applied a 5% deemed-income tax on the FBR-assessed market value of properties worth more than Rs25 million.
Butt welcomed the move as a significant win for taxpayers, noting it would spare both the exchequer and litigants from prolonged legal battles. However, he clarified that the FBR’s directive is limited strictly to Section 7E and does not affect a separate, unresolved dispute over Super Tax under Section 4C, where the FCC upheld the levy but excluded certain exempt capital gains, including inherited property and long-held real estate.
Pending a broader refund mechanism, the LTBA-PILC has proposed adjusting amounts collected under both Section 7E and Section 4C against taxpayers’ FY26 liabilities, urging the FBR to extend similar expedited treatment to pending Super Tax claims.
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