Government implements Benami Act

Published March 12, 2019
The FBR has notified the rules through a notification SRO326 of 2019.— AFP/File
The FBR has notified the rules through a notification SRO326 of 2019.— AFP/File

ISLAMABAD: The government on Monday implemented the much awaited Benami Act – in line with its efforts to document the economy – allowing tax officials to confiscate whole properties, expensive vehicles and bank accounts registered with fictitious individuals.

The confiscation will involve all kinds of immovable and movable assets registered with fictitious individuals in order to avoid taxes. The implementation of the law will now come into effect after a delay of more than two years.

The term ‘benami’ refers to the practice of holding property/assets in the name of one person for the benefit of another. However, benami is often aimed at concealing ownership of assets acquired through illegal means, defrauding creditors, and/or evading payments of government fees, charges or taxes.

Under the rules, the government has also announced hefty cash rewards for the whistle-blowers of the benami movable and immovable assets.

The legislation was made through an act of parliament in Jan 2017 – Benami Transactions (Prohibition) Act, 2017 – but was put on the back burner owing to delay in finalisation of rules. On Monday, the FBR has notified the rules through a notification SRO326 of 2019.

Talking to Dawn, FBR Member Inland Revenue (IR) Policy Dr Hamid Ateeq Sarwar said that in the first phase three approving authority will be established in three cities (Islamabad, Lahore and Karachi) with clear jurisdiction. The jurisdiction of these authorities will be notified in a day or two, the official added.

Under the Act, the commissioner of income tax will exercise the powers and perform the function of authority. Initially, the officers designated will investigate the available data to identify benami assets. “We will provide these offices data of property transactions and mapping of plazas in the first phase,” the tax officer said.

In the first instance, the officer will issue a notice for attachment of the benami assets for a period of 90 days. During this period, the tax officer will investigate the case to make an FIR following identification of benami property or bank accounts etc. The FIR will then be referred to the adjudicating authority.

“The law is meant for creating deterrence, not to generate revenue,” Mr Sarwar said. Asked whether government will provide amnesty to individuals who registered their assets in fictitious person’s name before the enactment of law, he said he was unaware of any such decision at the moment.

The government has also announced cash awards for whistleblowers in detection of benami property. Three slabs of cash award have been notified. However, the amount of rewards will be sanctioned after confiscation of the benami property.

Published in Dawn, March 12th, 2019

Follow Dawn Business on Twitter, LinkedIn, Instagram and Facebook for insights on business, finance and tech from Pakistan and across the world.

Opinion

Editorial

Digital growth
Updated 25 Apr, 2024

Digital growth

Democratising digital development will catalyse a rapid, if not immediate, improvement in human development indicators for the underserved segments of the Pakistani citizenry.
Nikah rights
25 Apr, 2024

Nikah rights

THE Supreme Court recently delivered a judgement championing the rights of women within a marriage. The ruling...
Campus crackdowns
25 Apr, 2024

Campus crackdowns

WHILE most Western governments have either been gladly facilitating Israel’s genocidal war in Gaza, or meekly...
Ties with Tehran
Updated 24 Apr, 2024

Ties with Tehran

Tomorrow, if ties between Washington and Beijing nosedive, and the US asks Pakistan to reconsider CPEC, will we comply?
Working together
24 Apr, 2024

Working together

PAKISTAN’S democracy seems adrift, and no one understands this better than our politicians. The system has gone...
Farmers’ anxiety
24 Apr, 2024

Farmers’ anxiety

WHEAT prices in Punjab have plummeted far below the minimum support price owing to a bumper harvest, reckless...