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Unpacking the new tax law

By Hina Ayra
30 December, 2024

In an initiative aimed at enhancing measures against tax evasion, the National Assembly introduced a new bill on December 18 to amend the current taxation laws.

Unpacking the new tax law

In an initiative aimed at enhancing measures against tax evasion, the National Assembly introduced a new bill on December 18 to amend the current taxation laws.

If enacted, the proposed legislation will establish stringent restrictions on the spending capabilities of individuals designated as “ineligible” under the law, thereby reinforcing efforts to ensure tax compliance. The bill delineates two new classifications: “eligible” and “ineligible,” effectively distinguishing between tax-compliant individuals and those who do not fulfill their tax obligations. According to the draft, individuals classified as “ineligible” will encounter limitations on their expenditures across various asset categories upon exceeding a designated threshold. These restrictions are intended to mitigate extravagant lifestyles financed by untaxed income and to address the ongoing issue of tax evasion.

The rationale behind these measures, as articulated by government officials, is to promote tax compliance by instituting tangible consequences for non-compliance. “This amendment represents a significant step toward ensuring equity within our taxation system. Tax evasion undermines our economy and imposes an undue burden on compliant taxpayers. By instituting spending limits on non-compliant individuals, we signal that evasion will not be tolerated”, stated a senior official.

The provisions of the bill include enhanced tracking mechanisms designed to identify and monitor the financial activities of individuals deemed ‘ineligible’. This data will facilitate the enforcement of spending caps and promote transparency in asset acquisition. Furthermore, the proposed amendments introduce penalties for individuals who attempt to circumvent these spending restrictions

The government has characterised the proposed bill as a progressive reform aimed at enhancing tax revenues and promoting equity within the tax system; however, it has ignited considerable debate among lawmakers and stakeholders. Critics contend that the definition of ‘ineligible’ must be clearly articulated to prevent potential misuse or misinterpretation. Furthermore, they caution against imposing excessive compliance requirements on taxpayers, which could result in administrative challenges. Tax experts have provided insights on the legislation, underscoring the necessity of a comprehensive implementation framework.

The success of this legislation is contingent upon the government's capacity to enforce it effectively while minimising disruptions to economic activity. Establishing clear guidelines and ensuring consistent enforcement will be essential to fulfilling its intended objectives.

The proposed amendments signify a substantial initiative in combating the enduring challenge of tax evasion, which has significantly diminished public trust in the equity of the tax system. As the bill advances through the legislative process, it is anticipated that it will undergo further examination and revisions to adequately address the concerns of various stakeholders.

These proposed legislative measures have shifted the responsibility for verifying tax credentials of both eligible and ineligible individuals from tax authorities to various government agencies and private businesses. Proponents of this change contend that it is designed to streamline processes and enhance compliance. However, critics caution that without addressing fundamental structural issues within the taxation system, such reforms are unlikely to generate substantive outcomes.

Tax experts and economists have expressed doubts regarding the efficacy of this new approach, characterising it as a short-term solution that overlooks the underlying causes of the nation’s low tax-to-GDP ratio. They assert that efforts to increase tax revenues must extend beyond mere administrative adjustments and necessitate comprehensive reforms that address these root causes.

A successful enhancement of tax revenues or an improvement in the tax-to-GDP ratio necessitates substantial structural reforms within the taxation system. The strategies commonly employed by our bureaucracy have yielded minimal results and are unlikely to generate success in the future. The delegation of responsibility for tax compliance verification to businesses has raised apprehensions within the corporate sector.

A successful enhancement of tax revenues or an improvement in the tax-to-GDP ratio necessitates substantial structural reforms within the taxation system. The strategies commonly employed by our bureaucracy have yielded minimal results

Companies are now expected to assume a proactive role in ensuring tax compliance, which many contend may exacerbate operational complexities and financial burdens, particularly for small and medium enterprises (SMEs). A significant number of businesses are already contending with the challenges of regulatory compliance and economic pressures. The introduction of tax verification responsibilities may result in inefficiencies and elevate the risk of legal consequences in the event of inadvertent errors.

Furthermore, there are concerns that the new legislation may detract from addressing systemic issues such as tax evasion, a limited tax base, and insufficient transparency in tax administration. It is imperative to address these challenges to foster sustained revenue growth and ensure economic stability Conversely, government officials defend this initiative as an integral component of a comprehensive strategy aimed at enhancing tax compliance. They assert that engaging various stakeholders within the tax ecosystem will foster a culture of accountability and mitigate instances of tax evasion. “This legislation empowers governmental agencies and businesses to actively participate in the national endeavour of improving tax compliance”, stated a senior official. “By collaborating, we can attain our fiscal objectives and bolster economic development.”

Analysts caution that the absence of a well-defined framework and adequate support could lead to adverse outcomes, further complicating an already intricate taxation system. They advocate for comprehensive capacity-building initiatives and the implementation of technology-driven solutions to streamline tax compliance processes. As the nation confronts the challenge of enhancing its tax revenues, the ongoing debate highlights the critical need for a balanced strategy that integrates immediate administrative measures with long-term structural reforms. The efficacy of the new legislation remains uncertain; however, it is evident that superficial changes will not adequately address the systemic weaknesses present within the taxation system.

Among the most significant shortcomings is the failure to address the inefficiencies within the Federal Board of Revenue (FBR), an institution that has long faced criticism for its operational deficiencies and lack of accountability. Corruption among FBR officials remains a pervasive issue, cultivating a culture of distrust and tax evasion. Without substantial reforms to the institution itself, any initiatives aimed at enhancing compliance are unlikely to succeed.

Another contentious aspect is the bill's inability to mitigate the distortions resulting from the extensive tax exemptions afforded to influential lobbies. These exemptions not only skew the tax system in favour of the elite but also undermine public confidence in the equitable nature of the system. Tax exemptions for powerful groups undermine the principle of equity.

The system must ensure that all segments of society contribute their fair share. Equally troubling is the ongoing reliance on a convoluted array of adjustable and non-adjustable withholding taxes, which perpetuates inequities and inefficiencies within the system. The existence of these taxes, frequently criticized for being arbitrary and burdensome, further discourages compliance and complicates the tax filing process for ordinary citizens.

The potential of the tax reform bill to enhance tax collection and mitigate fiscal deficits remains uncertain. Without a strategic approach to address systemic challenges, these reforms may represent yet another missed opportunity to modernise and rationalise the nation’s tax system. A successful tax regime is predicated on principles of fairness, transparency, and trust. Regrettably, this bill appears to lack the vision and fortitude necessary to confront the fundamental causes of our fiscal difficulties.

The ongoing discussion surrounding the tax reform bill highlights the pressing need for a more comprehensive approach to fiscal policy. Policymakers are being encouraged to reevaluate the legislation and integrate measures that not only improve revenue collection but also promote a culture of compliance and equity. Only through such efforts can the country aspire to establish a sustainable and equitable taxation system.


The writer is a trade facilitation expert, working with the federal government of Pakistan.