KARACHI:

Capital value tax (CVT) is not a novel concept in Pakistan’s fiscal framework. It was first introduced through the Finance Act, 1989, primarily as a tax on the acquisition or transfer of specified assets, including immovable property, motor vehicles, and certain financial instruments.

Over time, its scope and application evolved, and it effectively ceased to operate after its abolition through the Tax Laws (Amendment) Ordinance, 2020.

The present CVT regime was reintroduced under Section 8 of the Finance Act 2022 as Capital Value Tax 2022, complemented by the Capital Value Tax Rules, 2022 (SRO 1797(I)/2022 dated September 29, 2022) with further amendments vide Finance Act 2024. The CVT 2022 significantly expanded its scope, notably extending the tax to certain foreign assets of resident individuals, thereby reviving an old concept in a new constitutional and policy context.

Considering the recent wave of notices for CVT recovery and compliance obligations for high-net-worth individuals, it is timely to revisit its key provisions and complexities. Given these complexities, taxpayers must adopt a carefully structured approach to ensure compliance while optimising tax efficiency.

Scope and rates of CVT 2022

As per CVT 2022, a tax shall be levied on the value of assets at rates specified in the First Schedule for tax year 2022 onwards, with motor vehicles in Pakistan subject to taxation from July 1, 2022. The CVT applies to motor vehicles exceeding 1300cc engine capacity, or electric vehicles with battery capacity over 50 kWh, as well as foreign assets of resident individuals exceeding an aggregate value of Rs100 million. In addition, the tax applies to assets notified by the federal government through official notifications.

The Finance Act 2024 introduced an additional category comprising farmhouses and residential houses within the Islamabad Capital Territory (ICT), which are taxed on the basis of area rather than value.

The rates under CVT 2022 vary according to asset type. Motor vehicles and foreign assets are charged at 1% of their value, while notified assets cannot exceed 5% of their value. Farmhouses in ICT are subject to Rs500,000 for areas between 2,000 and 4,000 square yards, and Rs1,000,000 if the area exceeds 4,000 square yards. Residential houses in ICT are charged Rs1,000,000 for areas between 1,000 and 2,000 square yards, and Rs1,500,000 if the area exceeds 2,000 square yards.

Valuation methodology

The valuation of motor vehicles depends on their origin. Imported vehicles are valued based on the customs-assessed import price plus duties and taxes, while locally manufactured or assembled vehicles are assessed at ex-factory prices inclusive of all applicable duties and taxes.

Vehicles sold at public auction are valued at the auction price, inclusive of duties and taxes. In all cases, the vehicle’s value is reduced by 10% for each year from the end of the financial year in which it was acquired, and the value is treated as zero after five years.

Foreign assets are valued either at their total cost or, if the cost cannot be determined with reasonable accuracy, at fair market value. These values are expressed in the relevant foreign currency and converted into Pakistani rupees using exchange rates notified by the State Bank of Pakistan for the last day of the tax year. For notified assets, the valuation follows the specific method prescribed in the government notification.

Collection and compliance

The mechanism for the collection of CVT varies depending on the asset type. For motor vehicles, customs authorities collect the tax on import, manufacturers or assemblers collect on local purchases, and auctioneers collect at the point of sale. Excise and taxation registration authorities collect the tax at the time of vehicle registration or transfer, except where it has already been collected at the import, purchase, or auction stage.

For foreign assets, the liability to pay CVT falls on the person holding the asset through their income tax return. In the case of assets notified by the federal government, the collection follows the method specified in the relevant notification. Failure to pay or collect the tax renders the person personally liable, including a default surcharge of 12% per annum calculated from the due date until payment.

Key legal and computational issues

CVT 2022 raises several legal and computational questions. Legally, the primary issue is whether the federation has the authority to impose tax on foreign assets located outside Pakistan. Additionally, under Entry 50 of the Federal Legislative List, there is debate over whether the federal government can tax immovable property or not based on the fact that it specifies “not including taxes on immovable property”.

Other questions concern the treatment of assets previously declared under the Foreign Assets (Declaration and Repatriation) Act, 2018, the appropriate exchange rate for valuation, and whether historical cost or fair market value should be used. Computational complexities also arise, such as whether foreign liabilities should be deducted from gross asset values to determine the net capital value. These questions along with the jurisdictional challenges form the core of ongoing deliberations surrounding CVT.

Judicial interpretations

The High Courts of Sindh and Lahore have upheld the constitutionality of CVT 2022, ruling that parliament possesses legislative competence to tax the capital value of foreign assets held by resident individuals. The courts clarified that the “immovable property” exception in Entry 50 applies only to domestic property and does not restrict the federal government from taxing global assets. The CVT is considered a tax on the capital value of assets, not on the property itself, allowing the federal government to tax assets outside provincial jurisdictions.

The Appellate Tribunal Inland Revenue (ATIR) has addressed procedural and valuation issues, affirming that assets declared under past amnesty schemes are immune from prosecution for concealment but are not exempt from valid taxes like CVT. The ATIR has also emphasised that valuations must include proper accounting for related foreign liabilities to ensure taxation applies only to the net capital value.

In June 2023, the Supreme Court of Pakistan granted interim relief to petitioners, balancing revenue interests with taxpayers’ rights. Petitioners were directed to deposit 50% of the disputed CVT, with the remaining 50% secured via bank guarantees, effectively staying full recovery until the court determines the federal government’s authority to tax immovable property located abroad.

Legal clarity vs practical challenges

The revival of CVT raises fundamental questions about federal taxing powers, global wealth taxation, and valuation methodology. While High Courts have affirmed parliament’s competence to tax foreign assets of resident individuals, the matter remains under Supreme Court scrutiny.

Beyond constitutional validation, practical challenges persist in ensuring fair computation, accurate valuation, and the avoidance of double economic burden. As enforcement intensifies, clarity in both legal interpretation and administrative practice will determine whether CVT becomes a sustainable fiscal instrument or a recurring source of litigation.

The writer is a tax professional with extensive experience in corporate and international taxation in Pakistan