Income Tax Ordinance, 2001 — Section 56: Set off of losses

56. Set off of losses.— (1) Subject to sections 58 and 59, where a person sustains a loss for any tax year under any head of income specified in section 11, the person shall be entitled to have the amount of the loss set off against the person’s income, if any, chargeable to tax under any other head of income 1[except income under the head salary 2[ ] ] for the year 3[: Provided that the adjustment of business loss shall not be allowed against income from property for the tax year.]

(2)Except as provided in this Part, where a person sustains a loss under a head of income for a tax year that cannot be set off under sub-section (1), the person shall not be permitted to carry the loss forward to the next tax year.

(3)Where,4[in a tax year,]a person sustains a loss under the head “Income from Business” and a loss under another head of income, the loss under the head “Income from Business shall be set off last. 5 [56A. Set off of losses of companies operating hotels.— Subject to sections 56 and 57, where a 6[public company as defined in the Companies Act, 2017 and] registered in Pakistan 7[,Gilgit-Baltistan] or Azad Jammu and Kashmir (AJ&K), operating hotels in Pakistan 8[,Gilgit-Baltistan] or AJ&K, sustains a loss in Pakistan 9[,Gilgit-Baltistan] or AJ&K for any tax year under the head “income from business” shall be entitled to have the amount of the loss set off against the company’s income in Pakistan 10[,Gilgit-Baltistan] or AJ&K, as the case may be, from the tax year 2007 11[onward].