11-22-2011, 09:30 PM
Return is to be filed by a person not by business. An individual has to file one return whether he owns and runs one business or ten. IN one return taxpayer shall mention share from AOP, dividend income , property income, salary, business income etc.
There is no difference between registered and non-registered firm under the INcome Tax Ordinance, 2001. With the return of AOP every member whose share of income from AOP before tax is one million rupees or more, shall file wealth statement along with the return of AOP. [proviso to s.116(2)] in such case AOP does not need to file wealth statement as WS is for individuals only u/s 116(2)
However, according to s.116 (4), in FTR case, where tax deducted or collected from AOP or individual is 35,000 rupees or more, they should file wealth statement. It is not clear that in such case whether AOP is to file its own wealth statement or it is its members who have to file wealth statement as required under proviso to s.6(2.). My view is that it is members of AOP who have to file wealth statement not AOP as wealth statement is meant for individuals not artificial persons. Assets of artificial persons are already part of their balance sheet. They don't have personal expense so wealth statement will not serve any purpose and balance sheet is sufficient. Further, there is no rational nexus for distinction that in NTR case AOP is not required to file wealth statement while in FTR case it is held so liable.
Wealth statement is to be filed by an individual
where annual income is Rs.1 million or more; or
where share of income (before tax) from AOP is 1 million rupees or more; or
where tax deducted from it as final tax is 35,000 rupees or more
There is no difference between registered and non-registered firm under the INcome Tax Ordinance, 2001. With the return of AOP every member whose share of income from AOP before tax is one million rupees or more, shall file wealth statement along with the return of AOP. [proviso to s.116(2)] in such case AOP does not need to file wealth statement as WS is for individuals only u/s 116(2)
However, according to s.116 (4), in FTR case, where tax deducted or collected from AOP or individual is 35,000 rupees or more, they should file wealth statement. It is not clear that in such case whether AOP is to file its own wealth statement or it is its members who have to file wealth statement as required under proviso to s.6(2.). My view is that it is members of AOP who have to file wealth statement not AOP as wealth statement is meant for individuals not artificial persons. Assets of artificial persons are already part of their balance sheet. They don't have personal expense so wealth statement will not serve any purpose and balance sheet is sufficient. Further, there is no rational nexus for distinction that in NTR case AOP is not required to file wealth statement while in FTR case it is held so liable.
Wealth statement is to be filed by an individual
where annual income is Rs.1 million or more; or
where share of income (before tax) from AOP is 1 million rupees or more; or
where tax deducted from it as final tax is 35,000 rupees or more
