📘 Section 236 Summary
What this section does: It mandates advance tax collection on telephone and internet bills, prepaid cards, and electronic units. The tax is collected by the service provider at the time of issuing the bill or selling the card.
Who it applies to: All subscribers/users of telephones (landline/mobile), internet, and purchasers of prepaid cards or electronic top‑ups.
Why it matters: It broadens the tax base and ensures advance collection. Non‑filers face a higher rate (75%) on most categories as per the proviso under section 114B.
📝 Practical Example
Scenario: Mr. A has a monthly mobile bill of Rs. 2,500. He is a filer.
➡️ Category: Mobile telephone, amount Rs.2,500, no exemption, not non‑filer.
Calculation: Rate = 15% → Tax = 2,500 × 0.15 = Rs.375.
Non‑filer example: Same bill but Mr. A is a non‑filer.
➡️ Rate = 75% → Tax = 2,500 × 0.75 = Rs.1,875.
❓ Frequently Asked Questions (FAQ)
1. Is this tax refundable?
It is advance tax, adjustable against your total income tax liability when you file your annual return. If excess is paid, you can claim a refund.
2. Do I have to pay this tax if I use a prepaid SIM?
Yes, at the time of purchasing a prepaid card or recharging via electronic medium, 15% (or 75% for non‑filers) is collected as advance tax.
3. Who determines if I am a non‑filer?
The FBR issues Income Tax General Orders under section 114B listing non‑filers. Service providers use that list to apply the 75% rate.
4. What if my landline bill is exactly Rs.1,000?
No tax is deducted because the threshold is “exceeds Rs. 1,000”.
5. Are overseas Pakistanis exempt?
Generally no, unless they fall under the exempt categories (diplomat, etc.). However, non‑filer restrictions may not apply to certain NICOP holders – see section 114B exceptions.
6. Can I get a certificate to avoid this tax?
Yes, if your income is exempt from tax, you can obtain a certificate from the Commissioner, and present it to the service provider.
7. Does this section apply to internet dongles?
Yes, internet subscribers include dongles, fibre, or any broadband connection.
8. What is the legal basis for the 75% rate?
The proviso to clause (b) of Division V, Part IV of the First Schedule, read with section 114B, empowers FBR to notify non‑filers for whom the rate becomes 75%.