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Federal Constitutional Court Strikes Down Section 7E Property 'Deemed Income' Tax as Unconstitutional

The decision voids all FBR actions under the measure, signaling stricter limits on federal taxes tied to property ownership.

Overview

  • The Federal Constitutional Court, which issued a short order Thursday, struck down Section 7E of the Income Tax Ordinance as void from the start.
  • The court set aside every notice, assessment and proceeding the tax authority began under Section 7E, lifting immediate demands on affected property owners.
  • A two-judge bench led by Chief Justice Amin-ud-Din Khan with Justice Ali Baqar Najafi delivered the order after reserving judgment on April 30.
  • Section 7E treated most additional properties as if they earned rent and taxed 5% of 20% of the FBR-assessed value, an effective 1% yearly levy above a Rs25 million threshold with key exemptions.
  • The ruling resolves conflicting high-court outcomes by allowing taxpayers’ appeals and dismissing FBR challenges, with detailed reasons to follow in a written judgment.