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SINCE August the Khyber Pakhtunkhwa government has received 460 applications so far from prospective investors for new licences for mineral exploitation.

The move follows a fresh ordinance on KP Mines and Mineral Development and Regulation, and the lift on the ban for new licences.

The new law has repealed the mines- and mineral-related portion of the ‘Regulation of Mines and Oil field and Mineral Development (government control) Act 1948’. It has done away with the discretionary powers of officials at the district level licensing and created an authority to facilitate investment in the sector. The leasing power would be exercised by a committee headed by the relevant secretary.

KP is the first province to enact its own law since the subject had been devolved to the provinces under the 18th amendment. By encouraging new investment, the province’s income from the sector would go up to an estimated Rs2bn from the current Rs700m.

In July 2013, the PTI-led coalition government banned the issuance of new licences for mineral exploration. Mine operators were facing serious problems due to an inadequate legal cover following the devolution of the subject to the provinces.

KP Minister for Minerals and Labour Anisa Zeb Tahirkheli says, “We have received 376 applications from individuals and 84 from companies so far.” The mineral department is expecting more applications before the end of the deadline of Nov 30. “We will start issuing licences from January 2017”, Ms Tahirkheli said.

The provincial committee, headed by the relevant secretary, will be tasked with granting licences and mining leases and their cancellations; lay-down process and procedure for the award of licences and mining leases, supervise and regulate mining operations in the province through specific or general written instruments, overseeing law enforcement of rules and regulations related to mines and minerals in the provinces.

There are two types of licences: a reconnaissance licence for a period of one year over an area of up to 1,000km2, and exploration licenses for a period of five years over an area of up to 500 km2. Under the law, a lease holder cannot get a licence for more than three sites at a time.

The policy also proposes introduction of new mining technology. This is to discourage the use of outdated technology which results in wastage of expensive minerals.

The minister said the department will offer heavy and modern machinery on rent from the existing pool to reduce wastage of precious minerals. “We will also add more machinery in our existing pool to help replace use of explosives and blasts”, she said.

In the next five years, the use of dynamite and blast in minerals will be banned.

KP has a huge reserve of industrial minerals and dimension stones, including marble, granite, and dolomite, as well as coal (ranging from lignite to bituminous) and limestone. Over 130 minerals have so far been identified. There are over 400 current mining and 800 prospective leaseholders while the industry employees about 32,500 workers, according to an official report.

Almost all varieties of minerals — particularly exploration of dimension stones, gemstones and metallic mineral resources — provide avenues for investment in large and small-scale mining operations.

“We are expecting proposals from three to four cement factories for limestone exploration,” an official of the department said. Six or seven blocks of limestone have already been identified.

As many as 22m tonnes of fertiliser-grade phosphate have been identified in Hazara and about 85m tonnes of glass and ceramic-grade nephline syenite and associated granitoids in Buner.

The KP mineral department will introduce a scientific monitoring system to replace the ongoing checking of trucks on roads. The search and checking of trucks would be conducted on mining sites instead of roads for which mobile squads would be formed.

A ‘Gems and Geological and Mineral Institution’ will be established to highlight 71 kinds of minerals to attract investors. Negotiations are being held with different institutions to promote and improve various mines and minerals and train officials.

Moreover, a project at a cost of Rs150m will be initiated to discover precious mines from Chitral to Hazara. The KP Mineral and Mines Investment Facilitation Authority will be established and headed by the relevant minister with 13 members.

The core function of the authority will be to provide guidance to the mineral department, frame policies for investment and development of the mineral sector, facilitate said investment, hear appeals against decisions of the licensing authority, and prescribe safety standards and welfare of workers, research and other relevant activities.

Published in Dawn, Business & Finance weekly, November 21st, 2016

In a major development, the government has decided to enhance the basic income tax exemption limit to Rs 500,000 from the existing Rs 400,000 for the salaried class in the budget for the financial year 2016-17, Dawn has learnt. Last time, the exemption threshold was increased to Rs 400,000 from Rs 350,000 in the 2012-13 budget. A well-placed source in the Federal Board of Revenue (FBR) told Dawn that significant changes were also proposed in income tax slabs. The relief will be mostly given to the salaried class in lower brackets.

The source said the government was also considering introducing two new laws for declaration of foreign assets and control of foreign exchange. One of the laws will provide legal cover to the people who have not yet declared their overseas income and assets. At present there is no law which binds a person to declare foreign assets. The source said the draft law on voluntarily declaration of assets will be part of the budget. About 20 countries, including the US, Britain and India, have such laws to document overseas assets of their nationals.

Asked about the legality of undeclared assets, the source said the government in consultation with opposition parties would have to come up with some amnesty scheme. However, the source added, it would be difficult for the government to announce the scheme in the budget because of deadlock over the Panamagate issue. The undisclosed overseas assets to be covered in the proposed law will be immovable such as property. The proposed law — Undisclosed Foreign Income and Assets Bill 2016 — has already been vetted by the law division. It has been proposed to allow whitening of undeclared foreign assets of Pakistani nationals at a tax rate of 15pc without payment of any penalty.

Some tax officials are of the opinion that the government can extend the scheme to non-public office holders. According to the draft law, in case of non-declaration of assets held outside the country, the assets of equivalent value in Pakistan should be forfeited under the provisions of the law, along with other severe penalties. The other law proposes an amendment to the Foreign Exchange Regulation Act (FERA) to get hold of the black money held abroad. Under a new section proposed to be inserted in FERA, if a person holds any foreign exchange, foreign security or any immovable property outside the country, the equivalent value of property in Pakistan can be seized by following a prescribed procedure.

The amendment was proposed to get hold of a person who is holding assets in a tax haven in violation of FERA. The power of seizure under FERA is in addition to the penal action under the Income Tax Ordinance 2001. The FBR will also put in place a tool box of measures to arrest the outflow from the country of untaxed money and assets which will include a close coordination with the State Bank of Pakistan and monitoring of outward remittances, the source said.

Source: Dawn: Income tax exemption limit to be increased

The FBR has amended Rule 80B of Income Tax Rules, 2002 through an SRO.466(I)/2016 issued here on Thursday. The FBR has issued separate procedures/conditions for non-resident companies (having no Permanent Establishment in Pakistan) and a non-resident company having Permanent Establishment in Pakistan. According to the new procedure, a non-resident company having Permanent Establishment in Pakistan, required to be registered shall provide name of company; business address; accounting period; phone No of business; principal business activity; address of principal place of business; registration number and date of the branch with the Securities Exchange Commission of Pakistan (SECP); name and address of principal officer or authorised representative of the company; authority letter for appointment of principal officer or authorised representative of the company cell phone of principal officer or authorized representative of the company and email address of principal officer or authorized representative of the company.

A non-resident company not having Permanent Establishment in Pakistan, required to be registered shall provide name or company; business address in the foreign country; name and nationality of directors or trustees of the company; accounting period; name and address of authorized representative of the company; authority letter for appointment of authorized representative of the company; cell phone of authorized representative of the company; email address of authorized representative of the company; principal business activity and tax registration or incorporation document from concerned regulatory authorities of the foreign country.

Source: Business Recorder: FBR issues separate procedures/conditions

The government has increased the capital gains tax (CGT) rate on disposable securities for the non-filers, while rates are kept unchanged for the filers.

The Finance Bill says the capital gains tax rate will remain at 15% on securities held for less than a year, while non-filers will pay at the rate of 18%. “In case holding period of securities is more than a year but less than two-year, CGT would be imposed at 12.5% for filers and at 16% for non-filers,” it added. Where the holding period of securities is more than two years, but the security was acquired on or after 1 July 2012, capital gains tax will be 7.5% for filers and 11% for non-filers. There will be no capital gains tax on securities acquired before 1 July 2012.

The government has also imposed a CGT of 5% on filers and non-filers on future commodity contracts entered into by the members of the Pakistan Mercantile Exchange. Capital gains derived from the sale of immovable property are fixed at 10% where the holding period of immovable property is up to five years; there will be no CGT on properties held for more than five years.

Source: The News: CGT on securities increased for non-filers