Lahore Real Estate Forum

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Tuesday, August 30, 2016 04:04 PM PST 

Please Guide,

is there will be any problem in future if I give special power of attorney to construction contractor (Non-Relative)to build my house in DHA Lahore in my absence.

Thanks & Best Regards

MJM Dammam replied on Tuesday, August 30, 2016 05:35 PM PST 

Absolutely no problem. But, please check contractor's background and see the work he has already completed.
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(124)
Tuesday, July 19, 2016 07:51 AM PST 
Real estate taxation — a blessing or a curse?

Real estate taxation — a blessing or a curse?

The Finance Bill 2016 caught everyone by surprise in the real estate sector especially persons with black money and short term speculators. For them it is a nightmare that FBR can value the properties at fair market value which have taxation repercussions regarding source of investment and thereafter can levy Capital Gain Tax (CGT) if the asset is held for less than five years. The whole real estate market is in shock and statedly it has been learnt that in some major housing entities the business is almost at halt. There are visible signs for arranging strikes in some major cities in Pakistan but so far no defined agenda in terms of demand has been made public especially by real estate dealers association.

Interestingly, the here-say is that the two major amendments would discourage foreign remittance to Pakistan, which apparently is totally misplaced. The overseas Pakistanis, if they remit their money through normal banking channels per income tax ordinance 2001, are exempt from tax and the remitted money is treated purely “white”. In fact, previously when an overseas Pakistani with “white” money used to buy as asset and get it registered at Deputy Commission (DC) value he was willingly or unwillingly converting part of his “white” into “black” money.

As an example, an asset bought for PKR 10 Million and registered at a DC value of PKR 2.5 Million would transform an overseas person’s major chunk of money i.e. PKR 7.5 Million into “black”. This was totally undesirable but he had to follow the market practice by getting the sale purchase agreement registered at the DC value. The beneficiary was other party who in most of the cases did not have enough “white” money to complete the transaction. Therefore, the worry should be for people who have untaxed money but not the overseas Pakistanis who have, in fact, only “white” money.

Secondly, the capital gains tax has been levied @10% of the gain between sale and purchase price if the property is sold within five years of its purchase. This amendment is also geared towards curbing speculative trading which majority of the overseas Pakistanis do not intend to undertake due to their remoteness and investment strategy. Hence, practically it will not impact the overseas Pakistanis and even in case a 10% tax is paid on the gain, it should be acceptable considering the high tax rates on capital gains which they are bound to pay in most of the foreign countries of their residence, except for middle east.

The 10% tax slab is rational considering that on other business incomes, the applicable rate is around 35%. Hence the applicable rate is very well lower than the tax rate levied on normal business income. Conclusively, the overseas Pakistanis should consider these aforesaid changes in the tax statute as a blessing in disguise as it will allow them to properly make their declaration and let their “white” money remain “white” instead of being forced to convert it in to “black” money, under the older system. However, a piece of advice for overseas Pakistanis would be to at least stick to the below:

1) Use normal banking channels to remit their money into their bank accounts from overseas. Keep the relevant documents in their record for future purposes. The documents in order of precedence would proceed realization certificate issued by their Pakistani bank, bank statement from Pakistani bank and remittance receipt of overseas bank.

2) If you intend to purchase the property it should be with “white” money. The sale-purchase agreement should be on the fair market value of the property and not the DC vale. The agreement has to be signed by both parties and should not be left blank. If you are a filer, you can declare it, else keep it in safe record for future use.

3) In case you intend to sell a property, hold on till the dust is settled and the issue of capital gain is cleared. Else, the maximum you have to pay is 10% of the gain between fair market value and purchase price.

Federal Board of Revenue (FBR) remained helpless especially during last five years and was made to accept DC values owing to FBR’s own circulars wherein the aforesaid were binding. FBR tried to suggest changes in the statutes which included desperate measures including proposing to the government that FBR could acquire the property at 25% additional price compared to the registered price. But government rightly struck down these proposals as it could have created panic in the market. However, the recent amendment regarding fair market valuation and levying of capital gain if an asset exchanges hand within five years of its purchase merited consideration which the government approved through legislature. The implications of these two amendments are far reaching:

Fair Market Value: If the transactions would be registered at Fair Market Value, the seller would have to pay CGT (within five years of its purchase) and purchaser would have to produce “white” money to complete the transaction which will be an uphill task. Else, the tax implications, including levy of evasion penalties and additional tax, could eat up major portion of the market value of the asset under transaction. The measure would definitely discourage “black” money holders who were hiding their wealth in real assets.

Capital Gain Tax (CGT): The levy of CGT withholding period less than five years is an attempt to discourage speculative trading. Currently, speculative trading had resulted in creating artificial hike in prices, leaving it to be a mere dream for ordinary Pakistanis to build a house of their own.

Surprisingly, the real estate dealer associations have not yet come up with their official demand of charter. I even wonder what a rationale set of demand could be; do away with fair market value or abolishing the holding period of capital gains tax. Both of these do not hold merit for serious consideration in view of the fact that the provisions have been included to check “black” money and speculative trading. Hence, what could be the options at hand and what could be the possible outcomes:

1) Stay from Higher Courts: Apparently, there is no cogent reason as the bill has been passed by the National Assembly and the intention of legislature is clear – discourage black money holders and curtail speculative trading

2) Street Protests and Hold Off: Unless there is a genuine and rationale agenda, it will be difficult to muster supporters from ordinary citizens apart from the stakeholders which will be represented by real estate agents. The government may not be pressed for revenue loss due to halt in business considering their long term goal. Per daily Express clipping by Shahabaz Rana dated July 14, 2016 Naveed Zafar Ashfaq Jaffery & Co, a chartered accountancy firm has revealed that there is PKR 7,000 Billion of “black money” in the real estate sector. If taxed properly, there could be one time wind fall tax collection and recurring thereafter.

3) Negotiation with the Government: Apparently, this will be the desirable and best route forward. FBR is in a strong position and it is expected it will not budge with undue demands. There could be number of suggestion but I would suggest the following:

a) Tax Amnesty: Government has announced tax amnesty schemes a number of times in the past with the recent one for traders just few months back but the response has always been lukewarm. However, here the situation is different wherein noose is around the neck of tax evaders and it will primarily be at their request with only available and acceptable solution. It is expected that FBR will take advantage of the situation and will not offer amnesty at any rate lower than 10% of the amount to be made white. The aforesaid is the rate which FBR has normally used as a benchmark rate for amnesties declared during last few days. The impact of this would be enormous for the economy wherein huge amount of tax will be collected one time and then perennial collection based on the market value. In case we agree with the number quoted by Express Tribune then 10% of PKR 7,000 Billion would translate into PKR 700 Billion tax collection. It is important to mention that the current year collection of FBR was 3,104 Billion and hence it would translate into 22.6% of the tax collection for current year and even FBR would not have any issue in meeting Fiscal Year 2016-17 target, which is fixed at RS 3,621 Billion.

b) Capital Gain: Reducing the holding period from five to three years would be reasonable and acceptable to all the parties. Earlier, it was two years wherein after this period there would not be any liability under capital gains tax.

c) Giving Powers to FBR to Inquire the source of Foreign Remittance: The Protection of Economic Reforms Act 1992 debars FBR to request foreign exchange remitter to disclose the source i.e. who remitted the money and whether that person had the financial health to remit that money. The lack of these powers has in fact caused more damage to the FBR than any other restriction as it has robbed Pakistan of trillion of rupees in terms of tax collection ever since the act came into force. Practically, all sophisticated investors who are fully conversant with legal implication send their untaxed money through ”hawala” abroad and get it remitted to Pakistan statedly at less than 5%. This is a big loop hole in the system and has to be plugged immediately. It is odd to understand that if the remitter is genuine then he should not have any issue if his financial health is probed. But apparently, due to known reasons to everyone in terms of beneficiaries, none of the political government has ever shown willingness to give this power to FBR. In the instant case, if this power is not granted, even if amnesty scheme is declared and implemented, it will not meet set objectives. Just consider, if the rate for amnesty is 10% all sophisticated investors will be inclined to whiten their money at much reduced rate and hence exchequer will be robbed of the requisite revenue.

Conclusively, the changes in tax statute regarding real estate taxation is a blessing in disguise for the overseas Pakistanis who can do transactions with their “white” money freely and without any hassle. However, these measures are a nightmare for “black” money holders and speculative traders who had become used to having unprecedented gains in short time frames. The government and FBR has got a golden opportunity to set things right, and with the assistance of stakeholders, they can come up with a viable solution wherein a tax amnesty can be one of those. However, equally important is to make amendment in Protection of Economic Reforms Act 1992 by giving powers to FBR to probe the source of remittance to distinguish between genuine and “hawala” transactions.


A very well written article by LRE WhatsApp group member Aamir Ali sahib ( Abdal® here). Was shared by him in LRE Gulf group no 53 today. Please share in all groups you are a member .

Habib replied on Tuesday, July 19, 2016 03:00 PM PST 

I agree with the Post, Govt Just needed to tweak a little bit DC Rates especially in provinces other than Punjab where the DC rates were 10% of fair market price. But they mishandled the situation very badly at very critical time when real-estate sector was Consolidating its enormous "unhealthy" gains last year.
I see the situation in broader prospective, Less interest in NSC break of Confidence in real estate will result in Following negative Impacts
Foreign remittances will decrease as there is no other options for Overseas investors in Pakistan, This is very important Chunk of Trade balance and can result in fall of Pak rupee Value.

For Local investors, There will Capital Flight from Pakistan as Low interest Injection is Not going to transform in Industry due to Lack of facilities Lack of Market and Multiple hurdles in establishing industry.

The Net Tax revenue will decrease to about 1/3 of last year and Volume of Trade will fall to 1/5 of last year
Real-estate sector will take time to recover.
I Clearly see incompetence of Federal Govt making and implementing these decisions.

Abdal® replied on Tuesday, July 19, 2016 03:31 PM PST 

@ CMY. Thanks for posting my article on the web. Appreciated.

Would welcome a constructive discussion for my better understanding and for the forum members. Please note that I have purposefully not touched the issue of Valuation of Assets by State Bank and reduction in tax rates which are part and parcel of the matter under consideration and hopefully will take it up in the next article. The solution has to be coherent and equitable covering all the angles as partial solution will be a disaster and will only benefit few.

Abdal® replied on Tuesday, July 19, 2016 03:43 PM PST 

@ Habib. Not sure but DC rates are issued by provincial governments which may have divergent interests. Like giving compensation for land acquisition etc and may not be interested in bringing it close to the market rate. Secondly, due to globally depressed markets, money laundering laws and terrorism financing it is not that much easy for ordinary Pakistani to take his capital outside the country and have security and return which he enjoys in Pakistan. For already outside Pakistanis apart from Canada there does not seem to be really attractive real estate investment at this point in time and due to globally backlash against muslims, a person with white money would still prefer the home land. FBR and Government strategy to me is to start with big and may be settle in the middle. However, I am still not clear whether the valuation will be implemented across the board or on selective basis. However, I am positive that the eventual settlement would be good for all the stakeholders which includes our beloved country as this confusion cannot be prolonged. However, I hope the solution is a permanent one bringing stability and gradual growth to the market. These are just views which you may totally disagree.

Abdal® replied on Tuesday, July 19, 2016 03:45 PM PST 

@CMY. Thanks for posting the above article written by me. Appreciated.

Akhtar KSA® replied on Tuesday, July 19, 2016 03:45 PM PST 

Dear Brother CMY,

Please advise about TAX return & property disclosure for overseas Pakistanis, how to do it and any good TAX consultant may be utilize to file the returns?

Any Brother can also advise about the above please

naveed replied on Tuesday, July 19, 2016 03:55 PM PST 

Very good article to kill rumors and to guide and educate investors investing white money

User_11472® replied on Tuesday, July 19, 2016 03:56 PM PST 

Very good article to kill rumors and to guide and educate investors investing white money

MJM Dammam replied on Tuesday, July 19, 2016 05:50 PM PST 

@Akhtar KSA - please try:-
Farid Adil Choudhry
Tax Consultant
23-Temple Road, Lahore
Mob. e-mail:

Qamar replied on Tuesday, July 19, 2016 06:19 PM PST 

A big article just to explain why govt. did this move. But the question is what shall be the impact on sector. Strangely trading with white money is best but at the same time most hurting for gains. If FBR shall remain stick to market valuation for property trade, the whole sector will collapse and white money guys will sit on their white money for years without gain. I am not against the step to white the few hunder billions in real estate but this should be gradually planned at least on 5 years - not a HUGE SUDDEN JERK......

M Arshad Ali® replied on Tuesday, July 19, 2016 08:00 PM PST 

What Govt has done is that it applied an emergency brake on a car running at the speed of 200 km/hr.Although it was necessary to stop the car but unable to understand why emergency brakes applied to stop it.

M Zahid® replied on Tuesday, July 19, 2016 08:48 PM PST 

Those of you who thinks this issue will be resolved in favour of real estate market favour are living in fools paradise. Because this was identified by IMF and is highlighted in IMF 8th review. Here is the excerpt.


"To this end, the Federal Government will encourage provinces to modernize agriculture / real estate taxation and to develop a strategy to identify mis-declarations in this area, and to establish a centralised electronic cadastre to better record transactions and assess real estate tax for each property based on periodically updated market valuation."

This was identified in 8th review October 2015 and now Pakistan is on 11th review. During this period govt was vigorously pursued to implement this which resulted in Finance Bill 2016. FBR market evaluation will not go away but percentage will be played.
Also property market is under the knife and will be sliced periodically to satisfy and guarantee IMF returns as well as govt's tax hunger.

Shahzad replied on Tuesday, July 19, 2016 11:03 PM PST 

Who will get benefit from newely proposed tax system,it should be revert back to previous system as it was till June 16 as soon as possible ...nobody will get benefits from this newly imposed huge taxes,in that way buying/selling will be reduced to 25% only compared to last year & tax collection will be quite less than previous year,investors will not earn reasonable profits neither govt will be able to achieve their targets,coming to so called hot topic about recovery of black money,people with black money also already have paid taxes applicable at that time during their buying/sellings,so how does government identify the specific people in huge real Estate market of genuine people as well ..people having black money should be questioned about their source of money before buying not after buying...big money from pakistan will be exported to other countries and offshore companies if it is implemented...
Coming to the solution/suggestions,already people were paying handsome amount on purchase of properties i-e if anyone bought 1 kanal plot in DHA for 150 lacs,almost more then 3 lac were taxes to be paid before buying..
Also tax amount should be on DC rates in private or cooperative socities as these societies buy open land on DC rates and develop the land with their own sources/funds & with collection of development charges from their customers and then there is price appreciation & govt taxes money/funds not used for development in these societies

Coming to the solution/suggestions
1-previous system should be implemented again with some revisions of DC rates

2-just like buyers/sellers pay 1% commission to dealer, flat 2 to 3% or reasonable % tax could be paid to govt

Khawaja Qasim® replied on Wednesday, July 20, 2016 11:48 AM PST 

@Shahzad
You have valid points and good solutions/suggestions.
We all agreed that with the new system in place, the tax collection will be less as buying/selling will be reduced to 25% or even more.
In my opinion, it seems government doesn't mind reduced tax collection. In-fact they want to collect less tax from real estate as compared to they received in previous years. They just want less transactions/discourage people to invest in real estate. The objective seems to shift the investment from real estate to factories, business etc to stimulate the growth. I don't think this idea will work.
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(123)
Wednesday, May 11, 2016 04:57 PM PST 
Sector M of Phase 9

Dear Friends,

I follow this site every now and then to see the conversations of interest. Interestingly enough, I noticed that sector M of Phase 9 is the least talked about sector of this phase. Rarely does anyone request an assessment of a plot in this sector.

So the question is, am I the only one holding a plot in sector M? I am sure I am not. Is M really that bad a sector or does it have a future ahead?

Regards and Thanks,
Aamir

Ahmad replied on Wednesday, May 11, 2016 05:17 PM PST 

Aamir sb, I had visited there some days ago, believe me M & N sector is amazing location after development work even nala road is clean and wide. Ferozpur road LRR interchange (Gagumata ) just 2.5 km far. Have shopping mall and oval complex in M block, so bro, Always say Alhamdulillah and let's be grateful for the blessings in our life :)

ZS replied on Wednesday, May 11, 2016 05:19 PM PST 

Bro I m also holding a plot in M block its is quit good Block as compared to other blocks of Prism becoz almost every block of prism containing one Village like Block C,L,D,E,H,N and P K and N containg big Industrial Areas while there is only two Residential society Backed by "BLOCK M" which is not bad thing atol I guess Two major Commercials like OVAL & Zone 2 r close to M block 50.50 Kanal 2nd Largest Park after Block P is also in M Block well for me the best blocks of Prism is A,F,G,M,Q and R cox there is not Bad pockets like Villages, Nalla ,Industries , Ring Road in these blocks and M block is One of Them

Umair replied on Wednesday, May 11, 2016 05:49 PM PST 

Sorry to be an intruder in your discussion. It seems you have investment in prism. I also have one in K block and now I am thinking to buy another but still trying to learn the market and its detail. I want to ask about MEMBERSHIP fee of DHA. Do we have to pay membership fee every time when we buy a plot or is it only one time expense. Since i have paid Membership fee when I bought 1st time. Do I have to pay Again ????

ZS replied on Wednesday, May 11, 2016 06:32 PM PST 

as per my info its only for one time

MJM Dammam replied on Wednesday, May 11, 2016 06:33 PM PST 

Yes - you have to pay membership fee for each and every plot when you purchase.

Ahmad replied on Wednesday, May 11, 2016 07:27 PM PST 

Yes, MJM Dammam is 100% correct

Umair replied on Wednesday, May 11, 2016 08:43 PM PST 

Then probably DHA needs to change the name of membership fee to DHA fees.
Membership means, person can be the member of that Society and should not pay again.
Any ways, Thanks a lot. You guys are always helpful.

Ms replied on Thursday, May 12, 2016 12:31 AM PST 

It's my observations only.
I believe that M block is a hidden diamond from investor eyes which is going to have direct access from Nalla Road to Firoazpur Road & same time Shopping Mall / Ovel Complex as well.
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Friday, February 19, 2016 10:05 PM PST 

How many stories one can construct on 2 marla sector shop in DHA?

MJM Dammam replied on Saturday, February 20, 2016 01:42 AM PST 

Ground plus first floor.
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(121)
Friday, February 19, 2016 06:26 PM PST 

Brothers,
I am hearing a lot about whatsapp group of LRE. How can someone get himself added into it?

Thanks

MJM Dammam replied on Sunday, February 21, 2016 02:21 AM PST 

Please see ad number 79296 on this forum.
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