Who Needs to file Income Tax Return?

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You need to file your annual Income Tax Return in Pakistan if you fall within the ambit of any of the following:

  1.   Registered Taxpayers (NTN holders)
  2.   Those charged tax in tax years 2015, 2016
  3.   Welfare Institutions or NPOs (defined in ITO 2001)
  4.   Annual (non-business) income of PKR 400,000 or more
  5.   Annual business income of PKR 300,000 or more
  6.   All companies with financial (accounts) closure of before 31st December 2016
  7.   Owners of 250 sq yards  or more land or flat of any size within    Cantt/Municipal/ICT jurisdiction
  8.   Owners of 500 sq yards  or more land (outside Cantt/Municipal/ICT jurisdiction)
  9.   Flat Owners of 2000 sq ft or more covered area
  10.   Owners of vehicles over 1000cc
  11.   Anyone sent notice(s) to file return

Here are some of the major financial benefits of filing your Income Tax Return

Want to file your Income Tax Return?

Contact us now for:

Best quality services by top professionals including:

qualified lawyers,

chartered and chartered certified accountants,

chartered financial analysts and

tax experts

Millennium Law & Corporate Company (MLCC)

(the pioneer ACCA practising firm in Pakistan)

Bashir Mansion, 2 Turner Road, Adjacent AG Office, Lahore

Call: 042-37242434 / 0322-4219292 (prefer text),  Email: ozmeer@mlcc.pk

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ACCA Pakistan “Working Group on Taxation”

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Assalam O Alikum (Peace be on you),

The above is a picture from one of the events launching ACCA’s last pre-budget proposals. We’re planning for a revamp of the ACCA taxation committee and opening up to have some more competent professionals join us with their valuable contributions for the profession, country and their Alma-mater.

Below is the snapshot of a recent email from ACCA to members across Pakistan. Please feel free to share this in your circle and get in touch if you’re the right person.

Dear ACCA Members
ACCA Pakistan MNP has decided to setup a working group under the Taxation Subcommittee. The objective of this working group will be to interact with the Federal Board of Revenue initially and expand its remit to the Provincial Revenue Authorities under the leadership of Omer Zaheer Meer, FCCA, Head of Taxation Sub Committee, ACCA Pakistan and offer the following:

  • Provide regular feedback and suggestions on circulars/policy matters pertaining to taxation
  • Prepare budget proposals (initially federal and later on expand them to the provincial proposals too) and forward them to Federal and Provincial Ministries of Finance.
  • The budget proposals should be prepared in such a way that they present a holistic as well as sectoral suggestions for Pakistan’s Annual Budget
  • Discuss, deliberate and critically evaluate issues pertaining to taxation and present the critical evaluation to Federal and Provincial
  • Profile the ACCA Pakistan Members Network Panel and the subcommittee to the taxation regulators in Pakistan

This working group will consist of 3-5 members working in the taxation sector in strategic positions with considerable experience of the sector. Members with a diverse view point on taxation of different business sectors are encouraged to share their CVs and a personal statement describing their claim to merit for these position with us.

Those members who are keen to join this working group should send us their CV and personal statement by replying to this email. We will look forward to your responses by 24 February 2017.
Haroon A Jan
Regional Head of Member Affairs – MENASA
ACCA Pakistan
61-C  Main Gulberg  Lahore Pakistan

Kind Regards,

Omer Zaheer Meer,

Managing Partner,

Millennium Law & Corporate Company

Announcement of Exceptional Public Value Award by ACCA

Dear Readers,

Peace be on you!

It’s with extreme pleasure that I announce that the prestigious Exceptional Public Value Award is to be awarded to myself by Ms. Helen Brand, OBE, CEO ACCA (the largest accountancy body globally). I’ll share the details with you after receiving the award, Insha Allah.

I’m honored by this privilege and grateful to ACCA for the recognition of my:

“contributions in the field of Budget and Taxation including but not limited to

  • the drafting of Anti-Graft Legislation focused on Undisclosed Foreign Income & Assets which was later adopted by the Treasury,
  • work done on the Regional Research Study on Indirect Taxation across South Asia and UAE,
  • MOU’s with Tax Bars,
  • Collaborations with Chambers of Commerce and Tax Bars,
  • Pre & Post Budget proposals and seminars,
  • continued member education events particularly on Taxation and
  • opportunities created through R&I sessions with key employers.”

Last but not the least, I’m thankful to you all for your support and prayers particularly my parents, siblings, mentors, colleagues and friends.

acca-exceptional-public-value-award

Regards,

Omer Zaheer Meer

Immovable Property Gambit: Impact on Stakeholders

The above titled article was published in the renowned Blue Chip Journal as an Op-Ed in it’s Oct – Dec 2016 edition.

Link to e-edition of the (Blue Chip) publication

Immovable Property Gambit: Impact on Stakeholders

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By: Omer Zaheer Meer

The recent developments in the Federal Budget and later on in the Finance Act 2016 regarding immovable property shook the realty sector within Pakistan which was taken by surprise. Taxation is not just a mean to fund a Government but also a policy tool to impact the national economy, social behaviors, trends and developing institutions. Unfortunately, in Pakistan the impetus has mostly been on using taxation for filling up the coffers of treasury with seriously negative consequences.

Before proceeding with our topic, this writer will briefly define some of the vital concepts and then move onto the core issue; cover the current taxation regime for the realty sector particularly as governed by the Federal Government before concluding with an analysis of the major impact on key stakeholders including investors, property dealers, general public, traders and the Government.

Key Concepts:

Following are some of the vital concepts which are important to understanding the topic of this write-up:

  • Income Tax – a tax levied on the income of an individual or organization which varies with the level of income and is subject to local laws and regulations.
  • Capital Gains Tax – a tax levied on the gains accumulated on the sale/disposal of capital assets subject to certain conditions
  • Capital Gains – a gain arising on the disposal of a capital asset by a person in a tax year.
  • Depreciable Asset –means any tangible movable property, immovable property (other than unimproved land), or structural improvement to immovable property, owned by a person that —
  • has a normal useful life exceeding one year;
  • is likely to lose value as a result of normal wear and tear, or obsolescence; and
  • is used wholly or partly by the person in deriving income from business chargeable to tax,
  • Filer – a person who has filed his income tax return irrespective of the income and/or tax declared.
  • Non Filer – a person who is not a filer.
  • Capital Assets: – Section 37(5) of Income Tax Ordinance 2001 states:

 “capital asset” means property of any kind held by a person, whether or not connected with a business, but does not include —

  • any stock-in-trade [ ], consumable stores or raw materials held for the purpose of business;]
  • property with respect to which the person is entitled to a depreciation deduction under section 22 or amortisation deduction under section 24; [or]
  • any movable property [excluding capital assets specified in sub-section (5) of section 38] held for personal use by the person or any member of the person’s family dependent on the person[.]

Tax Avoidance Culture:

Unfortunately there is a widespread tax-avoidance culture in Pakistan with people not seeing value or duty in paying due taxes. To put things in perspective, out of a population of 200 million, just over a million taxpayers file returns in Pakistan which comes up to about 0.5% of the population. Even out of this, a large number files Nil tax returns.

Salaried individuals end up paying their due taxes, not by choice but as a result of being bound by the law requiring their employers to deduct the due income tax on their salary in advance.

On the other hand, the rich and powerful segments are either exempt by law (large landowners) or pay miserly taxes as compared to their lifestyles and incomes. This includes influential people from almost all segments of society be it politicians, bureaucrats, journalists, generals, professional or others. This leads to a culture where tax is seen as an unnecessary and avoidable burden instead of a duty and cost of living/doing business.

Reasons for the Prevailing Culture:

There are many reasons for this unfortunate prevailing trend. The key ones are listed below:

  • lack of trust in Government
  • lack of public facilities
  • lack of quality health, education and law and order facilities
  • corruption of Government officials
  • harassment by taxation officials
  • structural issues within the taxation system
  • regressive taxation policies
  • high incidence of taxes on a very low tax base
  • no or minimum tax paying culture by the rich and the powerful
  • culture of law violation
  • perception that it is better and easier to remain outside the documented economy

 

Filer and Non-Filer Differentiation:

To address some of the above issues and in order to entice masses to become part of the documented economy, the FBR and thereby the Government came up with a productive and results-oriented strategy. For the past two years, there’s been a growing policy of differential tax rates for filers and non-filers.

This introduces an incentive for the people to start filing their income tax returns. Moreover, as even a nil return (where no income is reported and/or no tax is due) serves the purpose, this further increases the incentive.

However, due to the issues listed above, a majority of the people believe it to be better to avoid filing returns and becoming part of the system, more so for the fear of harassment by tax officials. So, as outlined many times before, unless structural reforms are carried out within the taxation system, such measures will not achieve the full results they’re aimed at.

The Issue:

Despite the presence of the concept of Fair Market Value in the taxation laws, for too long immovable property has been valued in Pakistan at the rates commonly referred to as the “DC Rates”. These rates are heavily undervalued. For example a property in DHA Lahore maybe selling for PKR 25,000,000 but the DC rates would be around PKR 6,000,000.

As a result of this, the capital gains taxes were either avoided or paid on extremely low values at low rates. This led to the creation of an attractive opportunity for undocumented, untaxed and black money to be “parked” in the realty sector which led to large-scale trading of properties rather than actually building houses and property units despite a serious shortage of over 9 million housing units as per State Bank of Pakistan presenting a huge business opportunity. Although local investors and families did construct housing units but the bulk of the investment went to mere trading to drive up property prices and create non-sustainable profits for the investors.

The size of the black money involved is conservatively estimated at PKR 6 to 7 trillion. Unsurprisingly, due to heavy investments in realty sector, property prices for the past many years sky-rocketed, growing at astronomical but non-sustainable rates, lacking economic fundamentals. This, coupled with the “tax-efficient” black money parking, created a very alluring and largely undocumented investment opportunity as people even started trading “files” without transferring properties in their names to avoid the taxes altogether.

The Initiative:

In view of the issues and strategies discussed above, this year the Federal Government on behest of the FBR decided to move a step further, this time targeting the real estate sector.

Furthermore, with the idea of a massive increase in tax revenues, possibility of bringing part of the seven trillion Rupees wealth within the documented economy and most importantly the pressure for international lenders providing the necessary motivation, the Government decided to take an initiative.

The Finance Act 2016 made an amendment in the Income Tax Ordinance 2001 by introducing the concept of Fair Market Valuation of immovable property by a panel of valuers notified by State Bank of Pakistan, one of the stronger regulators in Pakistan, as taxable value.

Moreover the requisite holding period for Capital Gains Tax exemption was increased from 2 to 5 years and higher rates of Capital Gains Tax were introduced.

Outcry:

This caused severe panic and fear amongst investors, property traders and dealers. Most important for them was the message and the manner in which the new taxation policy was decided without taking them on board. They feared that the intense focus on realty sector would lead to them being asked about their existing wealth and past transactions and consequently they anticipated heavy penalties and tax liabilities on account of the past transactions.

The key issues which made the realty sector anxious were as below:

  • higher taxation
  • hassle and harassment by FBR
  • a valid concern that the valuation by SBP’s valuers would be highly subjective and non-standardized.
  • Section 111 of the Income Tax Ordinance 2001 regarding unexplained income and assets may be invoked regarding past transactions.

This resulted in almost a suspension of property trading and protest preparations across the country.

Capital Flight:

As one would expect, the situation resulted in a capital flight. Besides other destinations, most of the capital flight was destined towards UAE by some of the investors. To put things in perspective, as per Dubai Land Department, Dubai had already seen Pakistanis investing US $ 4.9 billion in last 2.5 years. Now with this increase flight and market panic, the Government feared a melt-down not previously taken into account properly.

Negotiations:

This led to the Government initiating a series of negotiations aiming at reaching a middle ground with the key stakeholders as the consequences seemed to be more than those predicted by the decision makers.

After a series of repeated rounds of negotiations, a compromise was reached between the Government and the key stakeholders, which was implemented by way of an Ordinance.

Settlement:

The compromise reached resulted in the current position which is as below:

  • FBR in consultation with the representatives of various organizations from the realty sector has agreed valuation for major towns. These valuations are above the DC rates but still much below the current market valuations.
  • These FBR valuations will be used as a basis for taxation of immovable property. Where these are not available, the DC rates will continue to be used. FBR will revise these rates from time to time.
  • The holding period for exemption from CGT is reduced from 5 to 3 years with the CGT charged at different rates in three slabs for each of the holding period.
  • A differential treatment has been introduced for immovable property acquired before or on and/or after 1st July 2016.
  • Exemptions from CGT and Advance Income Tax on immovable property, for families of Shahuda and Government officers have been introduced.

Compromise on Fair Market Valuation:

The amendment to introduce State Bank of Pakistan’s approved valuators has been amended in favor of valuations issued by FBR in consultations with key stakeholders and giving FBR the powers to revise these rates in future too.

FBR issued 22 SROs covering valuations for residential and commercial properties in Karachi, Lahore, Islamabad, Gujrat, Jhang, Bahawalpur, Sahiwal, Hyderabad, Jhelum, Rawalpindi, Multan, Sukkur, Quetta, Abbottabad, Peshawar, Sialkot, Mardan, Gujranwala, Sargodha, Gwadar and Faisalabad effective from 31st July 2016.

These have been divided into 3 categories:

  • Residential (including flats)
  • Commercial Area
  • Industrial Area

4 measuring parameters have been used for different areas based on per:

  • Acres
  • Marlas
  • Square Yards
  • Square Feet

Compromise on Holding Period:

The holding period required for exemption from Capital Gains Tax has been reduced from the proposed five (5) years to three (3) years.

Compromise on CGT Rates:

The new table of Capital Gains Tax rates is as below:

Exemptions and Reductions:

For immovable property allotted to the following persons, the CGT would be 0% irrespective of the holding period:

  • A seller, if the seller is dependent of:

(i) a Shaheed belonging to Pakistan Armed Forces; or

(ii) a person who dies while in the service of the Pakistan Armed Forces      or the Federal and Provincial Governments; and

(b) to the first sale of immovable property which has been acquired or allotted as an original allottee, duly certified by the official allotment authority.”

Moreover, Capital Gain Tax have been reduced by 50% in case of first sale of immovable property acquired or allotted to ex-servicemen and serving personnel of Armed Forces, Federal and Provincial Governments, being original allottee of the property and duly certified by the allotment authority.

Calculating CGT:

Gain arising on the disposal of immovable property by a person in a tax year (none after holding for three years), shall be chargeable to tax in that year under the head Capital Gains at the rates specified in Division VIII of Part I of the First Schedule.]

The gain (and thereby the CGT) arising on the disposal of a capital  asset by a person shall be computed in accordance with the following formula, namely:–

(A – B) x T, where

A         is the fair market value as determined under sub-sections (4) or (5) of Section 68 of INCOME TAX ORDINANCE 2001; and

B         is the cost of the asset.

T         is the applicable CGT rate

For the purposes of determining component B (the cost of the asset) of the formula amount shall be included in the cost of a capital asset for any expenditure incurred by a person –

  • that is or may be deducted under another provision of Income Tax Ordinance 2001; or
  • that is referred to in section 21 (Deductions not allowed).

NB: Any selling expenditures and ancillary costs of acquisitions are included in B.

Current Immovable Property Taxation Regime:

Currently both federal and provincial governments have levied their taxes on the realty sector.

The federal taxes (impacted by the changes introduced) are as below:

  • Advance Income Tax (Adjustable) on Buyer (Section 236K of INCOME TAX ORDINANCE 2001)
  • Advance Income Tax (Adjustable) on Seller (Section 236C of INCOME TAX ORDINANCE 2001)
  • CGT (Section 37 & 38 of INCOME TAX ORDINANCE 2001)
  • Fair Market Value (Section 68 of INCOME TAX ORDINANCE 2001)
  • Unexplained Income or Assets (Section 111 of INCOME TAX ORDINANCE 2001)
  • Valuation of Assets (Rule 228 of Income Tax Rules 2002)

The provincial taxes (unaffected by the changes discussed) are as below:

  • CVT (Capital Value Tax)
  • Stamp Duty
  • Property Registration Fee
  • Transfer of Immovable Property Tax (TMA)

Federal vs Provincial Domains:

The matter of levying taxes on realty sector is controversial as post 18th Amendment Capital Gains Tax has effectively fallen in the Provincial domain whereas trading income remains in the Federal domain. However, FBR is of the view that this is well within their domains.

The matter is currently in litigation and decision of the honorable courts will have a serious impact on the future outlook.

Out of Sight Real Issue:

More important than CGT rates or holding period is the classification of income earned from the realty sector. Investors frequently trading properties may find themselves in a tougher spot re taxation as their gains will likely be classified as income from business which is taxed at much higher rates.

Therefore, the classification of the gains from realty should have been taken up as a more important priority than Capital Gains Taxes.

Clearing Misunderstandings:

  • While proceedings cannot be initiated under Section 122 of the Income Tax Ordinance 2001 as per decision of Honorable SCP (2009 PTD 1279), Commissioners Inland Revenue can ask to explain the source of any explained income or asset (investment made in immovable property) on the basis of other information (undisclosed bank account, property, e.t.c.)
  • Hence this section can be applied and is a major concern for those affected.
  • Opportunity to be heard and provide and explanation are given
  • So practically, section 111 of INCOME TAX ORDINANCE 2001 may still be invoked.

Valuations for the Purposes of Section 111 of ITO:

FBR’s valuation tables are to be used for the purposes of Section 111 (Unexplained Income or Assets) of Income Tax Ordinance 2001. Where not notified by FBR, the valuation of Immovable property for the purposes of Section 111 shall be as below:

in the case of open plot, the value determined by the development authority or government agency on the basis of the auction price in respect of similar plots in the area where the plot in question is situated or in case where such value is not determined, the value fixed by the District Officer Revenue or provincial authority authorized in this behalf for the purposes of stamp duty;

in the case of agricultural land, the value equal to the average sale price of the sales recorded in the revenue record of the estate in which the land is situated for the relevant period or time; or

in the case of constructed immovable property, value shall be determined at the fair market value as defined in section 68 or the value fixed by the District Officer (Revenue) whichever is higher.

Income Tax on Builders:

The taxes on builders and developers by FBR are different. A tax is levied on the profits and gains of a person deriving income from the business of construction and sale of residential, commercial or other buildings at the rates  specified  below (Division VIIIA of Part I of the First Schedule):

(A) Karachi, Lahore and Islamabad (B) Hyderabad, Sukkur, Multan, Faisalabad, Rawalpindi, Gujranwala, Sahiwal, Peshawar, Mardan, Abbottabad, Quetta (C) Urban Areas not specified in A and B
For commercial buildings
Rs. 210/ Sq Ft Rs. 210/ Sq Ft Rs. 210/ Sq Ft
For residential buildings
Area in Sq. ft Rate/ Sq. Ft Area in Sq. Ft Rate/ Sq. Ft Area in Sq. Ft Rate/ Sq. Ft
Up to750 Rs. 20 Up to750 Rs. 15 Up to 750 Rs. 10
751 to 1500 Rs. 40 751 to 1500 Rs. 35 751 to 1500 Rs. 25
1501 & more Rs. 70 1501 and more Rs. 55 1501 and more Rs. 35


Income Tax on Developers:

Similarly a fixed tax is levied on the profits and gains of a person deriving income from the business of development and sale of residential, commercial or other plots at the rates below (Division VIIIB of Part I of the First Schedule):

(A) Karachi, Lahore and Islamabad (B) Hyderabad, Sukkur, Multan, Faisalabad, Rawalpindi, Gujranwala, Sahiwal, Peshawar, Mardan, Abbottabad, Quetta (C) Urban Areas not specified in A and B
For commercial Plots
Rs. 210/ Sq Yd Rs. 210/ Sq Yd Rs. 210/ Sq Yd
For residential Plots
Area in Sq. Yd Rate/ Sq. Yd Area in sq. Yd Rate/ Sq. Yd Area in Sq. Yd Rate/ Sq. Yd
Up to 120 Rs. 20 Up to 120 Rs. 15 Up to 120 Rs. 10
121 to 200 Rs. 40 121 to 200 Rs. 35 121 to 200 Rs. 25
201 and more Rs. 70 201 and  more Rs. 55 201 and more Rs. 35


Common themes of Tax on Builders & Developers:

  • It shall be computed by applying the relevant rate of tax to the area of the residential, commercial or other plots for sale.
  • The above tables applies to projects undertaken for development and sale of residential, commercial or other plots initiated and approved after the 1st July, 2016.
  • The aim is to introduce an “incentive” to declare real value of immovable property as the taxes by builders and developers are “fixed” by area, though one can argue as to the attractiveness of this “incentive”.

Major impact on key stakeholders:

As a result of the measures introduced by the Federal Government discussed above, the realty market in Pakistan has become stagnant. There has been capital flight and some correction in prices in a few areas. Let us briefly analyze the impact upon each of the major stakeholder group identified in the beginning:

Investors:

The investors are the one hit hard if not the hardest. They’ve virtually stopped further investments into the realty sector and most are holding onto their existing investments, pursuing a wait and see policy in the hopes of an impending amnesty scheme, expected to ease off the fears and therefore the pressure on the real estate market.

Property Dealers:

The magnitude of the property deals and thereby the business, for property dealers fell significantly. There are still some needs based transactions but not at the levels prior to July 2016.

Moreover, as many property dealers were also acting as investors or partial investors, they’re also negatively impacted in that area too.

General Public:

The impact on general public is more complicated. There are those that were involved in the business of or held immovable properties and are negatively impacted by the current situation.

However, with a shortage of nine million housing units as per SBP and the bulk of realty investment going in trading rather than actual construction, further fuelling the price bubble of property beyond economically justifiable fundamentals, the current pressure on realty sector is viewed with a sense of relief.

The masses hope that if the trend continues, ultimately the trading investors will have to liquidate their investments and move away which can lead to a down-ward correction in the property prices. Furthermore, hopefully atleast part of the investment may end up in the actual construction sector addressing the severe shortage of housing units in the country.

Traders/Businesses:

Ordinary traders are also impacted in more than one ways. Firstly the drop in realty sector’s attractiveness may open up more capital access for other business opportunities.

However, as there is a possibility of a snowball effect in the economy, if not properly managed the negative effects can spillover from the realty sector into other economic areas too.

Last but not the least, many of the traders are themselves invested in the realty sector too which makes them exposed to the same concerns as other investors.

Government:

The Federal Government is hoping to achieve several goals. They believe if there is a proper implementation, their initiatives can lead to the following:

  • down-ward adjustment in immovable property prices making them relatively affordable for masses
  • increased taxation revenue for the Government
  • investment diversion towards more “productive” segments such as construction and other businesses within the country due to the realty sector losing its’ previous attractions and the other sectors becoming more economically viable for investors

Proposal:

In order to achieve the desired purposes of an increase in the tax base and a better documented economy along-with a focus on actual construction of housing units rather than just mere trading of plots, the Federal Government should:

  • bring structural reforms within the taxation regime
  • do away with the overwhelmingly subjective powers of tax officials in favor of objective ones
  • follow volume over margin policy by introducing a single digit tax rate to minimize the cost of tax avoidance
  • introduce tax rebates and a tax-free period for the construction sector
  • address the fears of the stakeholders positively to bring them on board
  • run a campaign to educate masses about the importance of taxation backed by actions to tax the rich and the powerful

Another Amnesty:

There’s been news of another impending amnesty scheme doing rounds in the power corridors. The aim is to address the concern of the property investors re past transactions and unexplained income and assets. The basic structure of such a scheme is proposed to allow whitening of the past wealth by paying a meager single digit tax.

However, it may meet the same fate as the now infamous “Voluntary Tax Compliance Scheme” launched for traders earlier this year if it does not address the key concerns of the realty sector stakeholders. They are currently more in favor of the new law applying to future transactions and blanket amnesty re all past transactions without any cost to them.

How things pan out in the future will depend a lot on this scheme and how things shape up. Only time will tell if the boom in the realty sector is over or the powerful investors and stakeholders in this key sector of economy will be back with a bang!

The author is Managing Partner of Millennium Law & Corporate Company and Director of the think-tank “Millat Thinkers’ Forum”. He is a leading economist, CFA Charterholder, experienced fellow Chartered Certified Accountant and anti-money laundering expert with international exposure and can be reached at ozmeer@mlcc.pk

Budget 2016: Reforms vs Jugglery

The following is the original draft of the research article published in the renowned “Blue Chip” journal as an Op-Ed  in its July – September 2016 Edition.

Link to e-edition of Blue Chip:  http://www.bluechipmag.com/index.php/governance-234/251-reforms-vs-jugglery

Budget 2016: Reforms vs Jugglery

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By: Omer Zaheer Meer

The budget for financial year 2016-17 was unveiled amidst the usual accolades from the treasury benches and criticism from the opposition. As is the norm in political debates, mostly the balance was lost to prejudices and rationale took a back seat. There were a few exceptions though.

In line with the rational expectations, this research write-up will analyze whether the shortcomings that needed to be addressed in the budget including structural reforms in the taxation system, pursuing a progressive regime, introduction of economic reforms and improvements in controversial laws hampering the economy were actually addressed. In addition to examining if that was the case, recommendations to resolve the problems will also be briefly discussed.

The Numbers:

Mr. Ishaq Dar, the finance minister, proudly announced many positive indicators from the economic survey as below:

GDP growth                                                4.71 % vs a target of 5.1%

Tax-to-GDP ratio                                     8.4%

Population under the poverty line   29.50%

Inflation                                                      2.82%

Tax to GDP ratio                                       10.50%

Fiscal deficit                                               4.30%

Budget deficit                                              3.40%

Proportion of GDP spent on Health     0.42%

Literacy Rate                                              60.00%

Per capita income                                       $ 1,561

Foreign exchange reserves (billion)     $  21.6

Public debt Rs. 19,168 billion (Rs. 5,769 billion foreign and Rs. 13,399 billion domestic)

Luck, not wisdom?

All these indicators showed improvements compared to the previous fiscal year. However, the improvements have been largely due to the significant reduction in global petroleum products’ prices and the resulting savings.

It is unfortunate that the structural reforms and/or economic policies did not come into play when they’re needed the most. The rich dividends from the massive lucky break of a crash in global petro products did not translate into effective reforms delivering relief to the masses.

Once bitten, twice shy:

Once bitten, twice shy is a reality of life. The opposition, citing the previous example of Mr. Dar’s ministry when forging the numbers resulted in Pakistan having to pay penalty to international institutions, questioned the authenticity of these numbers. For example the inflation figure raised serious eyebrows and it was queried that what were the constituents and the changes in them from last year, used to calculate this figure. Leaving this debate for now, let’s examine some key figures, policies and analyze the impact on Pakistanis.

Foreign Trust’s Status Issue – Shadow of Panama:

A controversial amendment has been proposed in the Income Tax Ordinance, 2001 by way of an explanation to include foreign trusts within the ambit of trusts.

This amendment has serious implications regarding offshore trusts involving Pakistani citizens. Currently, in case of local trusts, the beneficiary is only required to disclose the interest in the wealth statement on receipt of benefit from the trust which is then considered as a dividend and taxed accordingly on receipt basis.

It is surprising that a Government pursuing positive policy re differentiation between filers and non-filers with stated aim of documenting the economy would chose to encourage non-documentation. Some detractors and particularly the opposition benches connect this to the ongoing Panama Scandal.

Proposed Solution:

In line with the state policy of economic documentation, an amendment should be made to require disclosure of interests in all trusts including foreign and local in the wealth statement at the time of filing the return.

This should give rise to greater transparency.

Let us examine some sector specific matters before proceeding into the analyses of other general areas:

Textile and five export oriented sectors:

Let’s move forward with a positive measure. The export of manufactured goods largely drives from five main sectors – textile, leather, sports goods, surgical goods and carpets. These five sectors are proposed to be a part of the zero-rated regime with the objective of “no tax, no refund”. Local sale of the finished products shall however be charged to Sales Tax at 5%. This is a partially good move of the Government.

As exports are generally zero-rated, the proposed regime, earlier introduced in 2004, effectively provides zero rating for inputs used in manufacturing of export sector goods.

Previously, same regime was withdrawn on account of abuse of the zero-rating regime in respect of good having multiple uses. However this time no refund policy means that the manufacturers would suffer with the input tax becoming their cost of business resulting in higher costs to be either borne by them or passed onto the customers while competing in a highly cost-competitive global market.

Most manufacturers do not have an integrated unit covering all processes from start to finish in Pakistan and stuff like packing materials, e.t.c. has to be purchased.

Proposed Solution:

Appropriate checks should be put in place to ensure the system will not be abused while allowing input tax adjustment as the local sale has already been brought within the ambit of taxation.

Measures for Agricultural Sector:

Agricultural sector is vital for Pakistan’s economy as it constitutes 21% of the GDP while employing 42.3% of the workforce.

The Government has introduced some positive relief measures for the Agricultural sector which had taken a severe hit particularly the cotton sector which declined by a drastic 28% in the last fiscal year.

While the reduction in the prices of fertilizers and electricity for agricultural tube wells along-with Rs. 10 billion subsidy are good steps they do not address the root-causes of the severe decline in the agricultural sector.

There have been no reforms or steps announced to address the major issues of:

  • Import of low quality and cheap agricultural produce from India
  • Issues of availability of quality seeds and the problematic imported seeds causing infertility in various belts
  • Lack of proper crop management system resulting in a crises both in the case of bumper crops and shortfall
  • Middle-men and mills taking advantage of the farmers who often are left with little more than the costs of production, discouraging them from cultivating certain crops
  • Lack of a proper flood management system where every other year make-shift arrangements are undertaken after heavy losses by flooding (once again no properly funded schemes announced to address this issue)
  • Lack of proper water storage facilities like “Kala Bagh Dam” and smaller “shorter-term completion” dams to address the growing issue of acute water shortages particularly for the tail lands. While funds have been announced for some dams like Diamer Bhasha, they’re long-term in nature and simply not sufficient.

Proposed Solution:

Structural reforms should be undertaken to address the core issues identified above in order to support the agricultural sector.

Also some key reforms in the taxation policy are required for this sector. The proposed reform should be undertaken along-with the policies volume over margin and increased impetus on direct taxation The agriculture sector should be taxed at a reasonable rate for large landlords with holdings over 12.5 acres, say 5%-7% and the revenue raised should be used to subsidize the water and electricity for the agriculture sector. This would enhance the yield, subsidize the worst hit small farmers and therefore help grow the GDP.

The detractors’ argument that there isn’t any income for feudal having large landholdings doesn’t stand. For if there is no income, they won’t have to pay any tax and if there is, as evident from their lavish lifestyles and tens of millions in bank accounts, then the due contribution to the sector and country in form of a low tax rate needs to be collected. Moreover, the other two reforms mentioned above will ensure that net impact on the sector will be lower as more direct taxes will help reduce the inflation and cost of production, creating opportunities for increased output and thereby GDP growth.

Services Sector:

Another vital sector for the economy is the services sector which has been one of the growth areas generating employment opportunities in the country.

While the good news is that the services sector exceeded the growth target, there were still core issues left unattended. Also, providers of IT services and IT enabled services, as defined in Clause (133) of Part I of Second Schedule, are also proposed to avail rationalized Minimum Tax Regime, subject to fulfillment of prescribed conditions. However, again this should be extended to all service providers.

One good step announced was that the FED on certain services which are now subject to provincial sales tax has been proposed to be withdrawn. This was merited post 18th amendment with the provinces in charge of sales tax on services.

However the core issue of leaving the minimum tax on services un-adjustable (Section 153(1)(b) ) of the Income Tax Ordinance 2001) has been left unresolved. This minimum tax is levied regardless of whether the service provider is profitable or loss-making. In case of the later, this tax will be paid from the capital reserves, effectively becoming a loss penalty on those investing in the services sector. This is an unfair burden while already having in place a turnover tax under Section 113 of the Income Tax Ordinance 2001 has created cost-competitiveness issues for the sector.

What this does is to increase the cost of business for the service sector, discouraging new entrants and SMEs by increasing the cost of capital and thereby assisting the existing players in creating a cartel.

As if that was not enough, a proposal has been made to withdraw them adjustment of input tax paid to provincial revenue authorities, effectively converting that into a cost for the business and creating liquidity issues.

Proposed Solution:

In the presence of Section 113 already dealing with minimum tax on turnover, the minimum tax should not be applicable on companies providing services. These should be subject to the normal tax regime (by reinstating the deleted clause 79, Part IV of Second Schedule).

As a minimum, this minimum tax should be made adjustable against future tax liabilities. This would have a net positive impact on the treasury in terms of increased revenues over the long term as the business eco-system will improve resulting in healthier growth in the sector translating into increased GDP and more tax monies into the coffers of the treasury.

As mentioned before, services sector has been one of the largest growing employer and contributing to national economy as well as the treasury. This should help expand the sector leading to improved revenue collections in the long term.

Health & Education:

Societies and modern economies are built upon social structures particularly education and health services. Unfortunately both have been severely neglected. Even the developed economies of the world with adequate infrastructure continue to spend a lion’s share on these areas but not so in Pakistan.

Only 0.42% of the GDP has been spent on health in the last fiscal year. Similarly, less than 1.75% has been falling under the head of education.

This is despite a severe crisis in both these sectors within the country. The biggest testament to the dismal condition of both these core areas of the society is the fact that anyone who can afford does not rely on the public health and education systems including the ruling elite itself.

Even as per the glossy figures of the National Economic Survey 2015-16, these areas are facing the following major issues:

  • 1,038 people to be attended by 1 doctor
  • 1 bed for the treatment of 1,613 people
  • 178 women out of every 100,000 die during child-birth due to inadequate medical facilities
  • High infant mortality rate
  • The claimed 60% literacy rate practically only refers to someone being able to “write” their names

Proposed Solution:

Atleast 5% and 6% of GDP should be allocated to education and health with ensuring the funds are not re-allocated to other heads during the year and actually spent on the development of these core areas currently in an abysmal state.

Having analyzed some key sectors, let us now move onto the important policy and other general areas:

Direct vs Indirect Taxes:

Currently, there are several types of indirect taxes levied within Pakistan including:

  • Customs Duty,
  • Sales Tax,
  • Federal Excise Duty,
  • Petroleum Levy,
  • Gas Infrastructure Cess,
  • Natural Gas Surcharge, e.t.c.

The proportion of indirect taxes to total taxation revenue remained largely the same as below:

Total Taxation Revenue
2015-16 2014-15
Rs in Billions Rs in Billions
Direct Taxes
           Income Tax 1539.00 1308.00
           Workers’ Welfare Fund 17.00 14.00
1556.00 1322.00
Indirect Taxes
           Sales Tax 1437.00 1230.00
           Customs Duty 413.00 349.00
           Federal Excise Duty 213.00 201.00
           Petroleum Levy 150.00 135.00
           Natural Gas Surcharge 35.00 32.00
           Gas Infrastructure Cess 145.00 145.00
           Others 7.00 6.00
2400.00 2098.00
Total Tax Revenue (TTR) 3956.00 3420.00
% of Direct Tax to TTR 39.33 38.65
% of Indirect Tax to TTR 60.67 61.35

As evident from the above table, there is a heavy reliance on indirect taxes which are supposed to be used as a tool to expand tax base and not to be used as a cash-cow to generate lion’s share of the taxation revenues.

All this focus on indirect taxation leads to inflationary pressures in the economy as increased prices translates into increased cost of production, services and living. The resulting impacts are hyper-inflationary in nature as there is a multiplicative rather than an additive element in the inflation passed-on at every level. This results in higher costs of doing business, which leads to declining exports and GDP due to the lack of cost competitiveness and missed opportunities.

Taxing the poor, funding the rich:

Moreover, while direct taxes are levied at higher rates to the income of those earning more, indirect taxes, on the other hand actually heavily tax those earning less.

To elaborate, let’s consider a feudal lord earning tens of millions in tax exempt income who pays the same amount and a very low proportion of tax compared to his total income on daily use items such as a bottle of milk as compared to his driver who pays the same amount of sales tax and thereby a higher proportion of his income as tax to the treasury. This is effectively a system where the poorer segments of society pay a higher proportion of taxes to fund the richer segments and the state.

Proposed Solution:

This increased reliance on indirect taxation is large due to the inability of the Government to widen the tax net instead of pursuing the policy of increasing the burden of indirect taxes on those already been heavily taxed.

What is astounding is why the Government is reluctant to use the databases of various Government institutions as well as the withholding tax database showing those people who have paid higher withholding tax rates of non-filers to expand the tax base.

Consider the magnitude of such a move and we haven’t even talked about the 3 million plus people living lavish lifestyle and not paying any income tax as per multiple FBR Chairmen. The solution is simple, a serious drive to expand the tax base using various databases and not ill-conceived amnesty schemes.

High Rates of Taxes:

Pakistan’s tax-to-GDP ratio is one of the lowest in the region. Despite increase in taxation revenues, it was a mere 8.4%, in comparison to:

  • India 14%
  • Sri-Lanka 13%
  • Indonesia 15% and
  • Malaysia 14%

One of the key reasons for this is the existing high taxation rate policy in Pakistan with tax rates being one of the highest in the region. This results in increased burden on those within the tax net and a lack of incentive to widen the tax base effectively.

To elaborate this point, consider existing rate of Sales Tax at an average of 17% in Pakistan, one of the highest in the region as compared to:

  • 36% in India
  • 10% in Indonesia and
  • 6% in Malaysia

Proposed Solution:

A policy of volume over margin should be pursued. As per some studies, the cost of tax evasion in Pakistan ranges between 6-8%. The number of income tax return filers (just filing returns and not those paying some tax) is just over a million.

If the tax rates are brought down to single digit and ideally within the range of tax evasion costs, along-with the structural reforms proposed in this research article, the filers’ base can be increased to 15-20 million. The net impact would be surplus revenue with a highly documented economy.

The increase in the tax base would more than compensate for the loss from lower rates. Currently Pakistan has one of the lowest tax bases and tax-to-GDP ratios in the region. If implemented this proposal can turn this around and increase them both substantially.

In order to address the reservations of some sections of bureaucracy in this regard, this can be launched as a pilot project in industry/city with a thin revenue contribution.

Mr. Ishaq Dar’s blast from the past:

It may be worth mentioning here that during a recent pre-budget event at the Lahore Chamber of Commerce and Industry (LCCI), I was informed that this proposal of “volume over margin” was proposed by Mr. Dar during his tenure as President of the LCCI.

It may be pertinent to remind our honorable finance minister to recall and implement the reform, he himself used to support and which the majority of professionals and technocrats in the country believe to be a key element in readdressing the issues facing our economy.

Taxation policy lacking purpose:

The purpose of an effective taxation policy is not just to gather maximum revenue in the short-term but to create policies to drive a positive business eco-system where cost of doing business is reduced increasing competitiveness and creating employment opportunities resulting in expanding GDP and thereby greater taxation revenues for the treasury. Unfortunately a mirror image policy seems to be in place in Pakistan.

Proposed Solution:

A progressive tax regime where wealthy segments of the society are taxed more should be pursued with increased focus on direct taxes and volume over margin.

  • Withdrawing exemptions

Moreover large landowners and the various exempt sectors must be brought within the tax-net and the revenues raised should be utilized to subsidize the weaker segments of society and to support reforms.

  • Structural Reforms within FBR

Also some structural reforms as outlined below in the taxation system can go a long way to assist the authorities in meeting their revenue targets:

  • Resolving issues within IRIS to make it more user friendly
  • Integration of Federal and Provincial Revenue Authorities’ systems
  • Reducing the discretionary powers vested in FBR officials and shifting towards an objective criteria based approach
  • Developing the existing policy of differential tax treatments and incentives for filers while penalizing non-filers
  • Introducing impact on economic sectors (GDP development) along with collections target as a performance evaluation criteria for FBR functionaries
  • Ensuring time limits specified in laws are adhered to
  • Facilitating the tax payers
  • Resolving the outstanding refunds issue positively
  • Introducing confidence by establishing a swift response complaint resolution cell to deal with corruption and harassment of tax payers
  • Ensuring no post remains vacant for more than a week to avoid delays in resolving tax-payers issues arising out of transfers, postings and additional charges, e.t.c.
  • Tax Reforms

In addition, to restore the faith of the taxpayers a multi-dimensional tax reforms agenda which has been constantly recommended by this writer must be implemented, where:

  • Taxpayers are encouraged and incentivized for paying taxes.
  • Taxpayers are facilitated by making the process easier and fairer, focusing on maximum automation in order to stem out corruption.
  • Instead of increasing the tax rates the tax net is constantly widened.
  • More focus is given to direct taxation.
  • Meaningful tax rebates and reliefs are introduced for the less able sections of the society.
  • A system of proportionate taxation is adopted with more affluent contributing more to the treasury.
  • Certain exempt sectors are brought into the tax-net (subsidies can be given for assisting any under-pressure areas/products).
  • Tax rebates and incentives are introduced to encourage foreign/local investments in key sectors with tax-breaks for transfer of technology, e.t.c. as may be required in a particular sector.
  • Tax money is actually spent on public welfare and infrastructure projects, which will improve the spending capacity and the business environment in Pakistan.
  • The massive corruption in public contracts/projects, now routinely in the range of 40-50% of tender values, is eradicated for better and efficient use of public money through revamping the pay and accountability structures.

 

Minimum Tax on Turnover of Loss Making Businesses:

Presently, a minimum tax on turnover has to be paid under Section 113 of the Income Tax Ordinance, 2001 except for by companies having gross loss (turnover less allowable expenses before depreciation and other inadmissible expenses).

It has now been proposed to extend this to even those entities incurring gross loss. Needless to say this will discourage startups and SMEs as the cost of doing business would rise. Surprisingly, the net impact on the business eco-system and the national economy are being ignored here.

Solution:

The proposed amendment should be withdrawn and the rate of turnover tax should be reduced to facilitate the businesses. Instead the focus should be on other reforms discussed to increase the tax base and document the economy.

Legalized Money Laundering Scheme:

Section 111(4) of the Income Tax Ordinance 2001 has long been a bone of contention between the proponents and detractors. The controversial law sanctions no tax or questions to be asked about origins on foreign remittances making this route a heaven for money laundering and legitimizing black money.

To elaborate, a corporate business paying 32% (proposed 31%) tax can instead go under the radar and use illegal money transfer services to transfer and bring back the illegal proceeds under the above mentioned sections at a cost of 2-4%. This creates a huge incentive to doge the system, legally.

Traditionally the professionals have been arguing to abolish this section while the Government arguing its’ necessary to facilitate foreign remittances.

While legitimate foreign remittances are a great support for developing economies like Pakistan’s, the use of the above mentioned law for legalizing the black money actually costs more to the economy in terms of the lost revenue and the impact of black businesses on related industries.

Proposed Solution:

We therefore propose a different middle ground. An addition should be made to this section requiring disclosure of the source of income with evidence such as payslip, tax return, e.t.c.

This should not cause any concern to any legitimate business or employee; however Ayan Alis won’t find it easy to manipulate this lacuna anymore. To facilitate investment in the short-term, an exemption from source disclosure can be given for investment in some sectors. However such a provision should be a one-off and short-term in nature.

 

Pay Increments and Government Borrowing:

Furthermore the pay-rises are not proportionate to the increase in the actual costs of living. Only a 10% increase has been proposed in the federal budget compared to the massive increases the lawmakers awarded themselves shortly before.

Such imbalance between cost of living and earning forces people towards unfair means or on relying on expensive credit in order to make their ends meet. Similarly, the extensive borrowing by the Government in the local market results in lesser finance being available for businesses.

Together, these may result in a hyper-inflationary environment and decreased purchasing power that can lead to higher interest rates which negatively impacts the businesses as many otherwise viable projects become non-feasible. The declining business output results in lower employment opportunities which coupled with the limited money-supply puts recessionary pressures on the market. This ultimately results in the devaluation of the currency which in turn translates into increased foreign debt. As a result, financing costs of the foreign debts increases leading to a higher proportion of GDP being spent on debt financing. All this combined with the inflation drags the already weak economy further back in Pakistan’s case.

 

 

Harmonization Issues:

The conflicts between various provincial revenue authorities and between them and the federation resulting in double taxation of services owing to classification and jurisdiction disputes should be resolved to create a business-friendly environment and facilitate the tax-payers.

At present there are serious conflicts between the various taxation bodies in Pakistan including FBR (Federal Board of Revenue), SRB (Sindh Revenue Board), PRA (Punjab Revenue Authority) and KPRA (Khyber Pakhtunkhwa Revenue Authority) which need to be clarified in order to facilitate a friendly business eco-system in Pakistan which in turn should translate into bigger size of the cake resulting in bigger pie of revenue for the treasury.

Conclusion:

As this writer has stressed repeatedly over the years, Pakistan has been blessed with all kinds of terrains and weathers, fertile lands, valuable natural resources, a high proportion of population been young and hardworking with cheap labor availability. A fairer system of taxation coupled with some key structural reforms culminating into a fairer economic policy can provide the necessary environment to harness the economic potential of Pakistan.

The proposals outlined above can largely resolve the current issues facing the treasury. The caveats are proper implemented with a focus to rely on and develop indigenous capabilities,

Pakistan has both the potential and the ability to stand on its own feet and become an economic hub not only for the region but the whole world with the above reforms put in place along-with the ongoing CPEC mega plan.

Let us hope that our representatives will give this all a serious thought while passing the amendments to the federal budget.

The author is Director of the think-tank “Millat Thinkers’ Forum” and Managing Partner at Millennium Law & Corporate Company. He is a leading economist, CFA Charterholder, experienced fellow Chartered Certified Accountant and anti-money laundering expert with international exposure and can be reached at ozmeer@mlcc.pk

PIA: Striving for past Glory – Blue Chip Oct 2015 Edition

The following is the original draft of the article published in the renowned “Blue Chip” journal as an exclusive Op-Ed on Aviation in its October 2015 Edition

Online Version Link (Blue Chip)

PIA: Striving for past Glory

Prof Dp

By: Omer Zaheer Meer

Preamble:

It was the one of the top airlines of the world. It was also the first airline throughout Asia to operate a Boeing 737 as well as the first Asian airline to induct a jet plane in an era still stranger to them. Development, expansion and growth were not only the key goals of management but the vision driving forward a young airline of a new country on a global stage.

Yes, we’re talking about our very own Pakistan International Airline (PIA). Founded a year before Pakistan’s birth in 1946 on the direct orders of Quaid-e-Azam Muhammad Ali Jinnah to a leading industrialist M.A. Ispahani. Quaid’s strategic vision and foresight had him realize that with the formation of the two wings of Pakistan, separated by 1100 miles with enemy territory in between, a swift and efficient mode of air-transport was critical for the upcoming nation. The airline formed was named Orient Airways Ltd and was merged in the national flag-carrier PIA after its’ creation in 1955. Orient Airways has not only established a fleet of thirteen (13) aircrafts for air-transportation but also built a crucial setup of overhaul and maintenance facilities, trained pilots, engineers and technicians,. All this proved to be a great asset for PIA during its infancy phase. However the glory PIA achieved from such humble beginnings were hard to envision at that time.

Past Glory:

Under the likes of Air Commodore Nur Khan and Air Vice Marshal, Asghar Khan PIA not only grew regionally but implanting its’ signatures on a global level. Opening up of new routes, taking bold yet successful initiatives and delivering a top-class customer experience turned PIA into a truly great service to fly with. It was a success story of a newly born nation achieving many firsts, creating historic records (some of which are still unbroken to this date) and helping other countries build their national carriers. Some proud achievements from those golden years are as below:

  • In 1962 PIA set the record for the fastest flight between London and Karachi by completing the flight in just 6 hours, 43 minutes, 51 seconds, it is a record which still remains unbeaten to this day even after 53 years.
  • On 29th April, 1964 PIA became the first airline from a non-communist country to fly into the People’s Republic of China. PIA’s Boeing 720B flew from Karachi to Shanghai via Canton.
  • In 1960’s PIA continued to expand its fleet further with the addition of Boeings, Fokker and other top airplanes.
  • During both the 1965 and 1971 Indo-Pak wars, PIA played a major role in providing logistical support to the Armed Forces by operating special flights airlifting soldiers and ammunition. With these contributions, the prediction of Quaid e Azam came true in that the Pakistan Air-force (and defense) needed the support of a civil airline in special circumstances, and this was evident during these wars.
  • Such was the charisma and lead of a confident national carrier at this time that PIA hired the renowned French designer, Pierre Cardin to design new air-hostesses’ uniform which was another first and trend-setter in the aviation industry, immediately imprinting PIA’s brand as one of the aviation leaders on world stage.
  • PIA became a household name in Pakistan in the sixties.
  • During 1970’s PIA reached a level where it started providing technical as well as administrative assistance and/or leased aircrafts to foreign airlines including Somali Airlines, Philippine Airlines, Air Malta and Yemenia.
  • Through one of its’ subsidiary, PIA also started providing hotel management services in United Arab Emirates towards the end of the 1970’s.
  • During the 1980’s PIA continued its’ journey towards excellence and helped establish Emirates’ Airline by leasing two of its airplanes, Airbus A300 and Boeing 737 (737-300), as well as by providing technical and administrative assistance to the carrier.

It was during the 1990’s when private airlines were allowed to operate within Pakistan that PIA faced domestic competitive pressures. However with bold and creative measures including “air safaris”, adding new destinations, starting non-stop flights to key destinations, not only did PIA successfully faced off the competition but continued to register profits after a slump. However despite some achievements like being the first Asian airline to touchdown in Oslo, Norway, the second half of the 1990’s saw PIA nose-diving.

Intriguing Queries:

This all should lead us to questions worth pondering such as:

  • Where does PIA stand now?
  • What exactly did go wrong?
  • How did a national carrier that did so brilliantly despite strong odds fell so low when the going got easy compared to the challenges of its’ early days?
  • What’s being done to revive the ailing flag-carrier that once stood for national pride and identity?
  • What, if anything can be done to reverse its’ fortunes and itself to its’ past glory?

The Present:

At present, PIA is owned by the Government of Pakistan which holds 87% while private shareholders already own 13% of the national flag-carrier. The Pakistan Muslim League–Nawaz government that took over in May, 2013, created an Aviation Division to look after the affairs of PIA, the Civil Aviation Association and the Airport Security Force, all under the defence ministry until then.

As for PIA’s own corporate management, it entails a Chairman, Managing Director (MD) and a Board of Directors. The Board includes nine independent members amongst its ranks to ensure independence and has several sub-committees including an Audit Committee, Brand and Advertising Committee, Finance Committee, and Human Resource Committee. The MD leads the executive management of staff who run the airline. As you must already be aware, PIA’s headquarters are located at Karachi Airport with smaller offices located in several cities across Pakistan.

Despite all odds, PIA is still the largest airline of the country with a fleet comprising of 35 aircrafts some of which are not serviceable. The fleet includes thirteen (13) Airbus 320s and five (5) ATRs leased over the past year. Moreover, four (4) additional A320s and two (2) Boeing 777s are expected to join later this year.

Despite improvements over the past year, the service standards deterioration over the years with a reputation of late flights, unfriendly airhostess and rude support staff topped up with undesirable food has built a negative impression of PIA over the past decade

Root Cause(s) of the downfall:

The political hiring and nepotism during the 90’s brought the airline down from the high standards it had placed itself on. The interference reached a level where currently, despite some positive steps recently, PIA has the highest employees to aircraft ratio in the world of 690 compared to a global average of approximately 150 employees per aircraft. This should lay bare the extent of the problem. Moreover most of these hirings in the past had nothing to do with merit and as such caused unnecessary burden on the ailing airline. This all was happening against the backdrop of increasing competition along-with end of PIA’s monopoly over local market due to the Government’s open skies policy and allowing of private airliners.

The Impact:

In addition to the financial pressures, these unnecessary hirings against merit resulted in a serious slump in the service standards. Food became stale, cabin crew unpleasant and support staff unhelpful. To make matters worse a culture of being late was accepted as a norm which is perhaps the worst that can be done in air travel which often is time-constrained anyway.

Unionism went on rise within PIA with powerful unions of pilots as well as other workers. Incidents of smuggling rose as a result of the pressures from these unions placing favored crew on international flights, hiring based on fake degrees rose, the lack of competencies and slackness resulted in maintenance standards falling resulting in fines and bans on PIA flights intro certain developed countries, employees started side businesses as contractors and/or suppliers with cover providing sub-standard items to the national carrier. Nepotism and strong union culture along with a focus on corruption resulted in the practices going unpunished.

The result was a not so surprising down-fall in business and a tarnished reputation resulting in massive losses that seemed to continue accumulating with an upward trend for years on the trot.

Remedial actions undertaken for revival:

While it is very easy and a national trend to criticize public institutions, it takes vision and courage to see deep and state the truth perhaps even against the widely held false beliefs. That is precisely what we’ll be doing in this section of this write-up.

Over the past one and a half year, the PIA management has taken various steps to address the problems plaguing it with the aims of upgrading service standards and boosting employee morale.

The most critical issue of unnecessary non-competent staff and corruption has been addressed. Earlier this year, in an unprecedented move, three hundred and eight (308) fake degree holder employees were terminated from service after a move of credential verification of around sixteen thousands (16,000) employees was initiated in line with the apex courts’ decision.

Similarly to address quality issues and corruption allegations all aircrafts’ parts procurements is now been made from original equipment manufacturers, closing the doors for middle men and agents.

Also a focus has been made on competent employees with a through process initiated to hire top-qualified and experienced professionals who can think out of box to assist in the revival attempts for the national carrier.

Moreover as mentioned above modern fuel-efficient planes have been leased into the airline fleet while more are in process to join the airline addressing the critical employees to aircraft ratio as well as the high fuel costs. The four (4) additional A320s and two (2) Boeing 777s are expected to join later this year have the potential further strengthen PIA while generating additional revenues. These result in serious reductions in fuel and engineering costs.

Under previous administrations some aircrafts were planned to be leased under “wet lease” which is short-term and includes the complete crew, maintenance and insurance from the lessor too. This was astonishing considering that PIA is already heavily over-staffed regarding crew, maintenance and flight support services. However the current administration has leased and plans to lease future aircrafts under longer-term “dry leases” which addresses this serious issue of additional constraints negating one of the prime purposes of expanding the fleet.

The top management is leading by example with unprecedented moves like Chairman PIA Mr. Nasser N.S. Jaffer travelling in ordinary flights taking the last seats and personally visiting airports to first hand observe the delivery standards and seek passenger inputs.

The punctuality issue and improvements in in-flight service is also been addressed and not only witnessed first-hand by this writer but shared by many frequent flyers. The flight schedule integrity (operating the flights on scheduled time) has improved to high nineties (though finance minister recently appreciated the 88% on time flights of PIA) while seat factor (seat occupancy) is now in high seventies as per official claims of PIA, which are indeed marked improvements. Similarly the critical Haj operation is underway and PIA claims punctuality of 96% so far which is largely in line with its past gold standards.

The Change Agent:

An apt saying often quoted is that it is the man behind the machine who matters. Similarly the men at the helm of affairs in large institutions like PIA can make or break them. We do not need to borrow examples of this from other countries or even institutions as the PIA’s own history with the glory attained under the likes of PAF big names Noor Khan and Asghar Khan as well as the shambles under the reign of some not so competent heads is a testimony to the same.

In was in this context that Mr. Shujaat Azeem was appointed as a Special Advisor to PM (SAPM) on Aviation. Due to some legal technicalities there were issues on his initial appointment which were sorted out in an amicable manner. Not many people outside the aviation industry know about the uniquely technically sound, experienced, gifted, business minded, astute and visionary person that Mr. Azeem is.

His career spans decades and is multi-dimensional. Not only has he been a fighter pilot for twelve (12) years and later became a commercial pilot serving as the chief pilot of ex-Lebanese PM Mr. Rafique Hariri’s fleet, the size of an airline, he also has vast experience of aviation related businesses. He successfully ran airline handling business in Canada while a successful business focusing on terminal services, cargo/ramp/ATC operations handling other than ticketing with clients such as Saudi Airline, Etihad Air, Gulf Air, Qatar Air was run in Pakistan. In line with the best corporate practices and ethical standards, he resigned from all family business when appointed to serve the national carrier.

He has brought with him the vast experience of not only the flight but the technical aspects, topped up with an astute corporate understanding. This has enabled him to have a tact-fully put in action a plan based on his solid understanding and vision to turnaround PIA. In order to execute his vision, meritorious placements at the top level in PIA have resulted in many positive things happening in the national flag carrier.

The appointment of Mr. Nasser N.S. Jaffer as Chairman PIA on Mr. Azeem’s recommendation was one such step and critical. Not only is Mr. Jaffer a successful businessman with a proven track record but has already won over many friends and fans with his hands-on approach focusing on revamping the dwindling standards of PIA.

So when an institution as much in slump as PIA has to be revived, top guns must be got on board. Although we often criticize incumbent Governments and in many cases rightly so, perhaps we should also be honest enough to give credit where it’s due. The placement of Mr. Azeem seems to be one such instance of good execution of discretionary authority which is bearing bruits for the barren lands of PIA.

To privatize or to not:

In September, 2013 the incumbent government decided in principle to partially privatize the national carrier, selling approximately 26 per cent of its shares, and to privatize its management. While the proponents point towards the past dismal performance, the opponents of the proposals also have a strong case to plead.

  • Firstly the track record of privatization has been dismal in Pakistan with a lack of regulation and investor interest.
  • The privatization of recent past has resulted in surplus institutions posting losses, Government been forced to pump funds to ensure provision of vital services, outstanding sums of investments on controversial pretexts and a deteriorating level of services.
  • In a particular case, a disaster of sorts, a public owned enterprise of an Arab country has been given the control of a public owned institution in Pakistan, citing that public owned institutions cannot be run efficiently. The irony is unmistakable.
  • Furthermore, no investor will come forward for or offer a good price for an airline in the state that PIA had been.
  • With an injection of capital and a ban on unions, PIA did become profitable in early 2000’s. There is no reason why this cannot be achieved again.
  • Things have started to improve with initiatives moving in the right direction as outlined above.

The solution to PIA’s woes lies in resolving the issues facing it with initiatives such restructuring, inducting new aircrafts, needs based hiring of competent professionals, improving service standards and punctuality along-with a brand makeover rather than privatizing particularly in light with the past experiences resulting in even worse situations for some national institutions that had been privatized.

PIA has proven that it can be successful and the initiatives by the current management including particularly the leasing of fuel-efficient modern aircrafts and improving service standards have the potential to revive it. The impact of the initiatives has translated in financial results as PIA’s operational loss of under Rs1 billion in the six-month period to 30th June 2015 is actually more than half of the loss it incurred the same period of the last year. Keeping in view of this, the current PIA team should be given a chance and time to prove their abilities in taking it to newer heights

Proposals to regain past glory:

The problems with PIA have been more due to past political interference and manageable. Some crucial issues and the proposals to resolve them are presented below:

Key Issues:

  • Aging fleet with average age of seventeen (17) years
  • Political interference
  • Perception of low service standards and non-punctuality
  • Exorbitant employees to aircraft ratio
  • High debt servicing costs

Proposed Solutions:

  • Dry leasing of additional modern, fuel-efficient aircrafts which will not only increase revenues but also cut down costs
  • Improving service standards particularly the hospitality and punctuality aspects
  • Continuing the process of weeding out the incompetent employees
  • Boosting morale of the other genuine and competent workers by merit based promotions and future hirings of competent professionals with a global outlook
  • Focusing on additional regional routes and capturing larger share of international routes
  • Shift most if not all of PIA’s debts to ideally a cash rich government institution in return for transfer/co-ownership of its’ renowned hotels including Roosevelt Hotel which alone is estimated to be worth around $ 1 billion
  • An alternate could be to create a separate entity with the above mentioned assets and liabilities transferred to it, giving PIA a thinner, focused look and resolving the issue of costly debt servicing
  • Amending the rules of PIAC prohibiting political interference

These core reforms proposed above, if properly implemented with a focus to rely on and develop indigenous capabilities, can resolve the current enigma facing the PIA. With the above actually implemented, there is no reason, why PIA cannot stand on its own feet and becoming a leading airline not just in the region but the whole world, attaining its’ past glory once again. Let us hope that our representatives in parliament give this all a serious thought while considering the future of PIA.

NB: More detailed procedures and sub-proposals regarding the above can be shared with key officials and those interested.

The author is Director of the think-tank “Millat Thinkers’ Forum”. He is a leading economist, CFA Charterholder, experienced fellow Chartered Certified Accountant and anti-money laundering expert with international exposure who can be reached on Twitter and www.myMFB.com @OmerZaheerMeer or omerzaheermeer@hotmail.co.uk

Privatization & Restructuring Institution

The following article has been published in Daily Nation, dated 10th August 2015

(E-Paper (Print Edition)http://nation.com.pk/E-Paper/lahore/2015-08-10/page-9)

(Onlinehttp://nation.com.pk/business/10-Aug-2015/privatisation-and-restructuring-institutions)

Privatization & Restructuring Institution

Prof Dp

By: Omer Zaheer Meer

Public enterprises and organizations are those that are owned by governments. They can be governmental departments or government owned/controlled corporations. Privatization is a controversial phenomenon commonly defined as the transfer of ownership of property or businesses from a government to a privately owned entity. It is also described as the transition from a publicly traded and owned company to a company which is privately owned and no longer trades publicly on a stock exchange.

Privatization is put forward as a solution to the economic woes of a country by a section of economists led by the likes of International Monetary Fund (IMF) and World Bank (WB). One of the main arguments for the advocates of privatization of publicly owned operations is the supposed positive change in efficiencies resulting from private ownership driven by a focus on profit maximization. While this theory has its merits, one needs to consider the local context to appraise the potential outcomes. Past experiences can always be a handful when deriving objective conclusions. Unfortunately the above argument does not seem to hold merit for Pakistan. Moreover the economic detractors of privatization argue that vital services needs to be efficiently provided by the state and the fact that privatization does not have a very bright history in third world countries.

Besides, an interesting economic phenomenon has been in the making for past few decades with public sector enterprises turning towards efficiency based corporate models while still ensuring the provision of cost-effective services/products to the local populace. They then expand into foreign territory and use their capital bases to derive profits which are funneled to grow the organization and subsidize the local population. A case in point is Etisalat, a public sector enterprise from UAE currently controlling a privatized public sector enterprise PTCL in Pakistan. This is phenomenal as it nullifies all the arguments of pro-privatization proponents in Pakistani context as a foreign public sector enterprise is now running the major section of telecommunications services in Pakistan.

Pakistan certainly has its own dynamics to consider with lessons to be learnt from past privatization experiments. The privatization of PTCL (Pakistan Telecommunications Company Limited) to the UAE based Etisalat group by the ex President Pervez Musharraf’s regime has been a disaster of sorts. Firstly the control of PTCL was transferred for a paltry stake of 26%. Moreover, PTCL which was generating profits of billions of PKR before privatization has been reporting heavy losses since despite increased tariffs and with a falling standard of customer service often complained about by masses. Moreover, the initial investment was allowed to be made in installments with a material amount ($ 800 million) still outstanding. This was perhaps a one-off badly executed privatization transaction as stated by Mr. Zubair Umar, the Chairman of Privatization Commission. So let us briefly touch upon another privatization experiment in Pakistan.

The now infamously inept KESC was also privatized with high hopes of a turnaround with substantial investments forecasted by the new private stakeholders in decaying infrastructure. Unfortunately none of the expectations have been met. The efficiency has gone down. Rather than investing in the infrastructure, the private party has sold the premium copper wires replacing them with cheap stuff resulting in increased line losses and breakdowns. Infact it has become a bigger strain on public resources then before privatization still requiring continuous rescue injections by the government. But the new private owners continue to happily remit their profits abroad.

Not only has the government of Pakistan lost revenues from the healthier dividends’ streams and resulting taxes, it has also lost by falling share prices of its remaining stake in these entities. The public has suffered a deteriorating service and higher prices. The question then is as to what could be an effective solution to deal with the loss-leading white elephants within the realms of the public sector?

In developed countries strict legislation is in place to ensure the common pitfalls of privatization are avoided, interests of all shareholders are protected and the continuation of a minimum standard of services. This needs to be done in Pakistan too in order to address the issues already facing us from past privatization ventures which effectively handed over whole of public sector enterprises (PSEs) for a paltry minority stake in ownership.

Going forward, a proper plan of action is needed for loss generating entities like PIA, Pakistan Railways, e.t.c. With a proper plan and political will there is no reason why the government cannot introduce checks and balances along with necessary incentives to induce a turnaround they expect from private investors. While some proponents of the privatization point out the previously failed attempts at turning-around of state institutions, they conveniently ignore the major reasons of failure in undue interference, political appointments and misappropriation by government officials which can be avoided.

The success stories like the successful turnaround of a loss-making steel mill into a profitable enterprise are also conveniently forgotten. The same institution is again in ruins but can revert to its’ past standards. The privatization proponents also choose to set aside the fact that if enterprises like PIA are privatized, which have the highest ratio of employees per aircraft of almost 500 compared to international standards of fewer than 150; it will still lead to layoffs and resulting backlash which can be better handled within the realms of a public sector restructuring.

Establishment of an independent and empowered restructuring institution (RI) to overhaul PSEs can make the restructuring process less resented compared to a private venture while still ensuring provision of cost-effective quality services to the masses from a revenue-generating asset of the nation. Competent professionals of utmost integrity can be placed at top positions based solely on merit to run the PSE’s with introduction of a system of appropriate checks and balances run by professionals. Performance based packages can be offered spurring motivation and ensuring excellence via improved performances.

This can be further elaborated in that all successful private businesses hire top-notch professionals at lucrative packages with performance based pays. The results are professionally run and highly profitable ventures. There is no reason why the services of similar professionals cannot be engaged by Government which can even convert PSEs into Public Corporations which while still adhering to Government regulations will be allowed to follow professionalism, efficiency and mechanics of a modern enterprise.

If for some reasons a privatization is still deemed necessary then appropriate selection of non-vital and loss making PSEs along-with stringent laws safeguarding the national interests as well as protecting the masses should be ensured. The process should be transparent and properly outlined with ground work done to attract best possible investments. This can help reduce lower efficiency by private investors, increased unemployment, inflation, loss of revenues and forced government bailouts as witnessed in the past.

The author is Director of the think-tank “Millat Thinkers’ Forum”. He is a leading economist, CFA Charterholder, experienced fellow Chartered Certified Accountant and anti-money laundering expert with international exposure who can be reached on Twitter and www.myMFB.com @OmerZaheerMeer or omerzaheermeer@hotmail.co.uk