ISLAMABAD: The Federal Board of Revenue (FBR) has yet to establish a mechanism to refund taxes collected under Section 7E, the deemed income tax on immovable property, and Super Tax under Section 4C, despite more than three months having passed since a formal request for such a procedure was made.
Waheed Shahzad Butt, Chairman of the LTBA Public Interest Litigation Committee, said he had written to the FBR Chairman, routed through Board Members, seeking a notified refund process for both levies. He noted that the FBR has not issued any guidance, prescribed an application format, or designated a forum for filing such claims.
The demand follows rulings by the Federal Constitutional Court (FCC), which struck down Section 7E as unconstitutional and void from inception, nullifying all notices and proceedings initiated under the provision. Introduced through the Finance Act 2022, the levy had applied a five percent charge on properties valued above Rs25 million, based on FBR-assessed fair market value.
On Super Tax, the FCC upheld the provision’s constitutional validity but excluded certain exempt capital gains from its scope, meaning the tax cannot be charged on the sale of immovable property held beyond the prescribed holding period, inherited property, or otherwise exempt income.
Butt said the FBR’s continued silence, despite binding constitutional rulings, has left taxpayers in an uncertain legal and financial position. He proposed allowing refunds as an adjustment against tax liability for Tax Year 2026 through the annual return, with field formations directed to process such claims uniformly rather than leaving the matter to individual Commissioners or Regional Tax Offices.
He cautioned that continued inaction exposes the FBR to further litigation, including complaints before the Federal Tax Ombudsman, as affected taxpayers seek redress for amounts they believe were unlawfully retained.
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