The Islamabad High Court recently granted a stay order in favour of an multinational online digital platform, preventing recovery of a Pakistani offshore digital services tax demand pending a decision on the company’s challenge to the taxation of its subscription revenues. RIAA Barker Gillette represents the online platform in this significant case. The outcome could decide whether Pakistan can impose a tax on fees for offshore digital services under its double taxation agreements.
The dispute centres on subscription fees paid by Pakistani users to the Singapore-based entity. The key question is whether they constitute “business profits” exempt from Pakistani tax under Article 7 of the Pakistan-Singapore tax treaty, or fall under “other income” taxable in Pakistan under Article 22. The platform’s subsidiary operates as a distributor that sells subscriptions to users across the region. It had claimed treaty exemption for its subscription revenue from Pakistan.
However, Pakistani tax authorities disagreed. They assessed the income as “fee for offshore digital services” under the Income Tax Ordinance, 2001, creating a Pakistan offshore digital services tax liability. The Appellate Tribunal upheld the tax assessment, ruling that subscription charges fall outside treaty-protected “business profits” due to Article 3(1)(f)’s exclusion of certain rents and royalties. Consequently, the Tribunal classified the income as taxable “other income” under Article 22.
“This case addresses critical issues at the intersection of traditional tax treaty concepts and the modern digital economy,” said Mayhar Kazi, Partner at RIAA Barker Gillette. “The High Court’s decision to grant a stay recognises the substantial legal questions involved in determining how digital services should be taxed under decades-old treaty frameworks.”
The reference application filed by RIAA Barker Gillette challenges the tribunal’s interpretation on multiple grounds. It questions whether the Article 3(1)(f) exclusion applies to the platform’s distributor model. The application also contests the classification of subscription revenue as passive “other income” under Article 22. This classification is disputed because such income is generated through active business operations.
The outcome carries significant implications for digital service providers operating in Pakistan without physical presence. It will determine whether their subscription revenue constitutes business profits under tax treaties.
Our team on this matter is led by Mayhar Kazi (Partner – Pakistan) and includes Qubra Ali, Associate and Sheheryar Atif Malik, Junior Associate.
For advice on disputes arising from taxation of digital services in Pakistan, please contact Mayhar Kazi.
This article is not legal advice; it provides information of general interest about current legal issues.
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RIAA Barker Gillette is Pakistan’s premier law firm, with an on-the-ground presence in three major cities in Pakistan: Karachi, Islamabad and Lahore, and affiliated offices in Dubai (DIFC) and London.
The firm practices in all areas of corporate, commercial and dispute resolution law. Leading international legal directories consistently recognise the firm as a top-tier law firm in Pakistan.
RIAA Barker Gillette is the exclusive member firm in Pakistan for Lex Mundi, the world’s leading network of independent law firms with in-depth experience in over 125 countries worldwide.
