PMLN shenanigans on Assets Issue

(Ali Khan, London)

Recently different leaders of PMLN have constantly explained, argued and challenged the people of Pakistan and Overseas Pakistanis to present the evidence of corruption of Sharif’s family and the nature and extent of their assets in Pakistan and overseas.

Also the issue of the income of Nawaz and Shahbaz Sharif and their tax liabilities has been repeatedly discussed at breadth length by different leaders of PMLN.

For time being leave the nitty gritty of the declared assets of Nawaz Sharif, this issue could be set aside, for the sake of clarifying the issues first and foremost. It is difficult to understand the logic, reasoning and explanations of PMLN leaders about the tax liabilities of Nawaz Sharif. Most of the time, they are either very confused, do not have enough details available, or are evasive at best, if not purposefully dishonest in their answers and explanations. We all have the interest to find the truth, and in pursuing avenues to find the truth. The truth has to be told to the Pakistani nation, not necessarily for the sake of Imran Khan or his party PTI. The integrity of PMLN leaders is a problem for the whole nation, not limited to certain individuals or political parties.

It is rather disturbing the mixing of the issues and the poor grasp of Accounting and Taxation issues. It is also quite apparent after watching the TV talk shows that the leaders of PMLN are either blissfully unaware at best and/or deliberately misleading the nation at its worst on the difference between an individual, a business and a Company.

LEGAL RESPONSIBILITIES AND ENTITITES

In accounting, the application of GAAP (Generally Accepted Accounting Principle) implemented through SORP’s and through Taxation Laws by Governments, a Business is treated separate from its owners; similarly a Corporation is a separate legal entity according to the definitions of Company Law.

A person pays Income Tax, while a Business also incurred Business taxes and Company incurred Corporation Tax liabilities for the profit it earns. In any event the Business and Company cannot be considered as individuals or the tax paid by either the business or the Corporation can be treated as the tax paid by the individuals.

It is necessary to record the business’s transactions separately, to distinguish them from the owner’s personal transactions.

The idea is that the financial transactions of one individual or a group of individuals must be kept separate from any unrelated financial transactions of a business or a Company.

For example a sole trader in a one man business takes money from his business by way of ‘drawings’; money for his own personal use. Despite it being his business and apparently his money, there are still two aspects to the transaction: the business is ‘giving’ money and the individual is ‘receiving’ money. Even though there is no other legal distinction between the sole trader and the business, and the sole trader is liable for all of the debts of the business, business transactions will still be taxed separately from personal transactions

For these reasons, the affairs of the individuals behind a business should be kept separate from the affairs of the business itself.

For Companies the restrictions are laid down in the Company’ Law, for legal reasons company is a separate legal entity, with the Directors having limited liabilities, unless the liabilities are covered with personal assurances or guarantees.

A Company and its affairs are separate from its Directors or shareholders. A company can be:

Different from its member, directors, – Limited Liability- Sue or be sued- Own assets- Enter Contracts- Commit crimes (pollute), similarly it would incurred separate Tax liabilities from its directors and members.

TAXATION

Mostly the British Laws and specifications are used, but Pakistan follows similar guidelines and rules. Where ever it is applicable Pakistani taxation laws are also outlined.

INCOME TAX

Income tax is tax on the income of the individuals, and payable by the individuals.

It consists of Income obtained from;

- Earnings from employment

- Earnings from self-employment i.e. if you have a business

- Pension Income

- Interests on Savings and other accounts, unless exempted.

- Income from shares, dividends etc.

- Rental Income from properties and other chalets.

- Income from a trust

The individuals are liable to Income tax on a variety of Income, and should pay taxes on them and on whatever benefits they draw from different sources.

Pakistani taxation laws also mention same sources in total and taxable income of an individual.

Pakistani Taxation Law also specified that for resident income from both Pakistani and foreign sources is taxable. While for non-resident individual it is restricted to income from Pakistani sources only. This clarification is important to counter the claims by some PMLN leaders that NS didn’t pay any taxes before 2008 because he was not residing inPakistan.

TAX ON COMPANY’S BENEFITS

Not only are individuals liable to pay taxes on the Income they draw from their business or employment, or Director’s remuneration, but they are also responsible to pay taxes on any benefits in kind they draw.

- Company cars or vans

- Fuel provided for the vehicles

- Medical insurance

- Living accommodation

- Loans at low interest rates

Pakistani taxation laws also list Loan, advances, deposits or gift received from another person or company as taxable amounts. It also listed self-hiring, or receiving rent-free accommodation or housing as taxable Income. In Pakistan the tax payers are also obliged to file Wealth statements, for self, their spouses, minor children and dependent.

Pakistan taxation Laws are no different from the UK, benefits in kind are known as Perquisite in Pakistani Tax Laws. It lists private use of vehicles, services of a housekeeper, driver, gardener or any other domestic help. Payment of utilities bills, Loans given on less than the benchmark rates, any amount forgone/paid by the employer due on the employee either from the employer or any other person or institution, transfer of any property or provision of services by the employer to an employee, accommodation or housing provided by the employer to the employees.

CAPITAL GAIN TAX

Capital Gain Tax is payable on certain transactions of property disposal, business disposal, assets disposals etc.

Even Gifting your property or business to someone is actually taxable, unless the person is your spouse (or civil partner in British Law). Gifting your assets to your children is liable for Capital Gain Tax and/or Inheritance tax if the assets are transferred to children in case of person’s death.

When you make a gift to a family member connecting to you, other than your spouse, you still need to work out and pay the tax liability on it. It still applies if you dispose of the assets in any other way to them, for example, you sell it to them for a low price. A connected person in this context is someone such as your brother, sister, child, parent, grandparent, mother-in-law or business partner. The assets must be valued at the market price at the time the gift is made and gain or loss on disposal is calculated.

INHERITANCE TAX

In the event of someone death the person who inherited the assets/properties is liable to Inheritance Tax on anything over the threshold limits. There are different thresholds for spouses and other people who inherit assets including children. On taxable portion of the inheritance tax is payable at 40%.

COPORATION TAX AND OTHER TAXES INCLUDING DUTIES, VAT OR SALES TAX

Businesses on the other hand pay different taxes on their activities, if incorporated then CT liabilities are payable.

No matter if the business is incorporated or not, the persons are different from the business and any benefits they draw from their business they are still liable for Income tax on those benefits.

The taxes paid on material, goods or services by a business or a company are separate from an individual. VAT or Sales tax, is collected on behalf of the state tax authorities, and should not be treated as Income Tax or other Taxes paid by the business or individuals. Similarly Excise Duties and Custom Duties paid form the cost of the goods and production and cannot be treated as taxes paid by the businesses. These costs are passed on to the customers/consumers. In the end, all such costs are paid by the end consumers and not by the business. Any inclusion of these duties as taxes paid is improper and shows intellectual dishonesty and purposeful deception.

THE ISSUES

Many PMLN leaders are deliberating misleading Pakistani public by mentioning and claiming that the businesses owned by Sharif family paid billions in taxes. These exaggerated amounts more likely than not are the duties and sales tax collected on behalf of the state. The businesses are just safe keepers of these duties and other taxes, either levied as Sales Tax or VAT on goods and services, or duties paid, which in the final analysis are paid by the end users of the goods and services.

It saddened and enrages some of us when we see such deliberate misrepresentation by political leaders. PMLN leadership should specify how much out of those supposed billions were Sales Tax collected or other duties on Raw Material etc.

For example a business can show a loss on its business activities and hence pay no Income tax on business activities, but still would pay billions in VAT, Sales Tax and other duties collected on behalf of state during the financial year by the business.

People of Pakistan need to know how much profit is declared by various businesses of Sharif family over the years. PMLN need to provide break down of the alleged billions paid by Sharif family in taxes. How much were Personal Taxes, Taxes paid on business activities, Corporation Tax and how much of the amounts were for sales tax and other duties collected on behalf of the state and were not actually the taxes paid by Sharif family.

Even though it sounds like a far fetched idea, but there are some people in PMLN, who should know how the tax laws work in the world. When PMLN leaders present these misleading figures in political discussion programs and start to mix different tax liabilities, they are not only doing a disservice to their own party, but are also insulting the intelligence of decent, educated Pakistanis and Overseas Pakistanis.

We have seen more than one classically deceptive presentation by different leaders of PMLN. Various PMLN leaders constantly repeat same misleading lines prove that these deceptions are not only pre planned but are party line towed by its’ leaders. Many leaders of PMLN regularly jump on the bandwagon. Namely Khawaja Asif, Ahsan Iqbal, Sadiq al Farooq, Mushahidullah Khan, Hanif Abbasi Etc and now more frequently some members of Sharif Family.

Main arguments presented by PMLN leaders

First snap shots of usual comments made by various leaders of PMLN from time to time on TV talk shows. A further analysis of contradictions in their statements is provided later in this article.

1- Every MNA and MPA is duty bound to declare their assets. Sharif family members including Nawaz Sharif has declared their assets with their nomination papers.

2- Nawaz Sharif back in 90’s transferred all his assets to his sons and therefore, does not own any substantial properties, businesses and bank accounts in his name.

3- NS doesn’t have any substantial Income that’s why NS is indebted to his wife and sons.

4- It has been said by PMLN leaders, in last two years and on another occasion it has been said in last 6 months NS or his sons have transferred 65 Crores to Pakistan.

5- All the properties owned by Hassan Nawaz in theUKwere bought on mortgage; this fact can be confirmed from the accounts of the companies owned by Hassan Nawaz in the UK.

6- At that time of the Purchase of these properties in the UK by Sharif family, the properties could be bought with 5% down payment and the remaining 95% financed by the banks.

7- In one program Mr. Khawaja Asif said Hassan owned properties from mid 90’s. But later in the same program he confessed some of the properties were bought 4/5 years before Hassan migrated toUK. So who owned those properties before Hassan’s migration? Mr. Asif wouldn’t give a clear and unambiguous answer.

8- In a recent program Mr. Sadiq Al-Farooq said NS was a billionaire decades ago.

These points give snap shots and the flavour of the statements made by various leaders of PMLN. But unfortunately their explanations and comments raise more questions than answer them.

Document on PMLN’s web site declarations of taxes paid

PMLN recently has published brief details of their assets, in response to the allegations that Nawaz Sharif has paid Rs5, 000 in income tax. If we ignore tall claims on family wealth and generalise boosting (this would become obvious from the state of financial affairs of the whole family from declared assets for a particular year) we can gleaned following details.

1- Itefaq Foundary between 1972/73 to 1978/79 allegedly paid just over Rs 100 million in taxes consist of Custom Duty, Excise Duty, Electricity and Gas bills and other Miscellaneous Taxes. But surprise surprise no mention of Income Tax paid by the family members or the Corporation or Business taxes paid by the business.

2- Between 1978/79 to 1985/86 a tax figure of 893 million is shown listing Custom Duty, Excise Duty, Electricity and Gas bills and Misc. Taxes; but once again no mention of Income Tax paid by the family members or Business taxes. It seems Sharif family consider paying back Sales Tax collected on behalf of the state, or Custom and Excise duties paid on raw material which forms cost of production, or even utilities bills as their personal tax liabilities.

In Accounting Practices SSAP 9 requires that stock is valued in the balance sheets at the lower of cost and net realisable value. Cost includes all directly attributable costs incurred in bringing stock to its present location and condition i.e.

• Raw materials
• Delivery – including import duties, excise duties, transport and handling costs
• Manufacturing – including production overheads (i.e. Electricity and gas usage) Net realisable value (NRV) is the expected proceeds of sale net of all expected costs of sale.

Therefore, for PMLN leaders to include duties and other production costs such as gas and electricity in the amount of taxes paid is little bit naughty to say the least.

3- For Ramzan Sugar Mills Ltd, for the period covering 1992 to 2009, a figure of 3 billion 15 crores is mentioned, once again it includes Sales Tax, Excise Duty, but surprisingly income tax is mentioned this time, but no break down is provided.

4- Chaudry Sugar Mills; 1993 to 2010 alleged tax paid is Rs 3 billion 11 crores, once again Excise duty, Sales Tax and Income Tax is mentioned but no figures for income or corporation taxes are given.

5- Mehran Ramzan Textiles Mills Ltd, 1993 to 2006 16 Crores and 67 Lacs is mentioned for Sales Tax, Excise Duty and Income Tax, but to no one’s surprise no figures of Income tax is mentioned.

6- Hamza Board Mills Limited; 1993 to 2006 a sum of 16 crores 30 lacs paid, but no details, no mention of how much income tax is paid.

7- Hudiba Engineering Company (Private) Ltd, 1994 to 2010 paid 9 crores 18 lacs in Sales Tax, Excise Tax and Income Tax, but no break up of Income Tax paid by the members of Sharif Family.

Analysis of PMLN Propaganda on Official website

It should n’t surprise anyone, even such bold document full of self praising, does n’t have any credible evidence on the Income taxes paid by Sharif family members for over 2 decades. Something which Pakistani nation wants to know how such lavish life styles have been maintained by them without showing any substantial personal Incomes and taxes paid on those incomes. A family which includes sales taxes, duties and utilities bills in the total taxes paid. It should necessitate that independent analysts pay no credence to these declarations. Why then some of Pakistani media give prominence to PMLN claims without asking relevant questions or demanding complete breakdown to assess how much Income taxes actually are paid by the individuals in the family? Unfortunately Journalism in Pakistan leaves lot to be desired.

An analysis of these claims is necessary to show some startling facts from these proud declarations.

1- For a period of 6 years, from 1972 to 1979, total of 100 millions were paid which included duties and electric and gas bills. This means on average the whole of Sharif family paid out Rs100 million as out goings for their businesses, none of them could be classed or treated as Income or Corporation Taxes. This comes to an average of 16 million per annum for 6 years covered. Or in other words, they pad 1.6 crores in business expenses and cost of production. The duties are paid on the Raw Materials imported and it is a common practice in accountancy as demonstrated earlier to include these duties and energy bills used in direct production to form the cost of the production of goods. The question remains how whole of the Sharif family survived during these 6 years? How much were their personal Incomes? How the stories of Sharif family being in the business since 1930’s and were amongst the top industrialists reconciles with these figures? Why Sharif’s cannot explain a simple fact which any competent accountant or tax man should ask?

2- For 8 years period between 1979 and 1986, 894 millions were paid out in total. It is quite obvious that the activities in the foundry increased around 6 times or 600% increase in the total amount paid compare to previous 6 years. It seems Foundary all of a sudden expended. But how? How it is possible that from 16 million average the costs of production has gone over to almost 112 million a year on average? From where the money came from? Cost of production also means that the production facilities were increased, which generally indicate capital expenditure on production facilities. How it was financed and in which years expansion took place? Any Bank loans were obtained for the expansion of the factory and its production facilities? Once again no figures or explanations how much out of 894 million were Income Taxes paid by the family?

3- Another important point to make here is that during this period no other businesses of Sharif family are mentioned in this document by PMLN. So whatever income Taxes were paid by the family in these 14 years was derived from Itefaq foundry; it was the sole source of Income of the whole family.

Why there is reluctance to show for each and every year the figures for Income tax of family members and Business taxes or Corporation Tax by the Company if it was incorporated? Younger son of Mr. Shahabaz Sharif on Geo boasted how wealthy and prominent was Sharif Family and how much they paid out in taxes over the years. He was given majority of the air time by the presenter, but he failed to give any specific details or proofs. The mantra was the same, we were the biggest business family since 1930’s and if political vendetta was not used against us we would have been rubbing shoulders with likes of TATA’s of India.

Simple advice to the Sharifs, figures don’t lie. You cannot fool educated people with such “Baraks” and obtaining air time from your hand picked presenters. We can easily understand the realities of certain personalities in Pakistani media.

4- Another clever tactics used in this self praising document is that no details of family business are given before 1972 when the business was nationalised. Why can’t they produce how much were they worth in 1972 at the time of nationalisation? These should be readily available figures to produce, unless they know the reality of family’s wealth would become clearer if they produce the total worth of the businesses nationalised.

Claims on Historical wealth of Sharifs’ and the reality

A- It is declared repeatedly NS was a billionaire two decades ago, In 90’s he transferred his billions to his children, mostly to his two sons. According to PMLN leaders Hassan has bought all the properties in theUKwith 5% down payments. Similarly Hussain owned businesses in the Kingdom of Saudi Arabia are financed by the banks.

B- How does these two supposed facts reconcile with each other?

C- If Properties they now own are mostly financed by the banks and are mortgaged to the banks, then where are the supposed billions NS had and transferred to his children?

D- It is well over due for PMLN leadership to their comments to the public and explain in clear and acceptable terms, which one of the two positions is correct? They cannot cut it both ways, if NS had billions and he transferred it to his children, there could be only two possibilities. Either those billions were invested by his children in assets bought and in the acquisition of businesses or they are deposited in to the banks. It should be piece of cake for Sharif Family to prove either possibility or mix of them with solid documentary proofs. They cannot maintain both positions. If the properties are purchased from the loans/mortgages provided by the banks, then the billions supposedly transferred by Nawaz Sharif must be stacked somewhere. Where are they? They have another choice, they can show that the overseas properties owned by different family members, mainly in the UK and Saudi Arabia were actually bought from the billions allegedly transferred by Nawaz Sharif to his children. In such eventuality we need to have proofs how those billions were transferred to the UK and Saudi Arabia? Either way deceptions or purposeful evasions are not the answers, the issues are quite clear, educated people would n’t buy such distorted answers from the leadership of PMLN.

E- Even though PMLN has shied away from providing the details of Income tax paid by the family during past decades. But a glimpse of reality can be seen from example of one such year of family’s businesses, which is hailed as era of increase in the financial fortunes of family’s wealth. According to tax statements at 30th June 1998, total Income Tax paid by 11 members of Sharif Family was just 0.25 million. They paid 0.55 million as wealth tax and a further 0.13 million as agricultural tax. The businesses mostly showed losses and the majority of income tax were paid on Director’s salaries or the dividends paid from Chaudhry Sugar Mills. This total tax including wealth and agricultural tax of 0.94 million was a mere 0.01% of total declared wealth of 676.8 million. According to the documentary evidence Nawaz Sharif has declared his Income Tax liability as “NIL”. His total net wealth was 2.1 million and in total he had admissible debts of 6.4 million. NS wife Kulsoom Nawaz also showed her tax liability as “NIL” but paid Rs8, 000 taxes on dividends received from Chaudry Sugar Mills. She had net wealth of just 32K after adjustment of 3.95 million allowable debts, leaving her with a wealth tax bill of Rs.178.

F- On the same date Shahbaz Sharif filed “NIL” Income Tax liability, having a negative Net Wealth of 4.5 million. He paid Rs 1000 as tax on dividends received from Chaudhry Sugar Mills.

G- Mian Sharif paid Rs50, 102 as Income Tax and paid a further 1.96 million in wealth tax. Mrs. Sharif paid Income tax of 60K and Rs131 as Agricultural Tax. (Source Jang Group October 17, 1999).

H- The year 1998 falls in the same periods shown by the propaganda document released by PMLN shows that Ramzan and Chaudry Sugar Mills each paid in excess of Rs 3 billions over 17 years. 1998 provides us a very good indication that Sharif family had not paid any substantial taxes which can demonstrate that their life styles were maintained from these taxes. No wonder PMLN document does not provides the details of income tax paid by family members. Similarly PMLN leaders in TV talk shows always talk vaguely and always include Sales taxes, duties and utility bills in the alleged total taxes paid.

I- It seems that nothing has changed ever since, according to their spokesmen Mr. Nawaz Sharif has paid total Rs 2.5 million in taxes for 2010/2011 and in the previous year 2009/2010 he paid Rs 2 million in taxes. Once again the source was Chaudhry Sugar Mills. No breakdown of the taxes provided to show how much was Income Tax paid. The amounts of taxes paid in last two years has increased substantially compared to previous years due to the pressure applied by Imran Khan and PTI.

Historical perspective on Sharif’s wealth

One major claim by Sharif family is based on their wealth since 1930 and also that they received a massive financial hit from nationalisation by Bhutto in 1972.

1- 1970 list

Surprisingly the list of wealthiest families in Pakistanin 1970 does not mention Sharif family at all. It contains 42 prominent groups and families; it has Dawoods’ at number 1 with total assets worth Rs.557.8 million and Farooqs’ at number 42 with total assets worth 36.7 million. (Source: Industrial Concentration and economic power in Pakistan by Lawrence White).

Whatever their claims may be the evidence is stacked against these claims; just before the privatisation in 1972 Sharifs were not the major power in Pakistan.

Recent claims by a younger Sharif to be TATA’s ofPakistanbefore nationalisation cannot be taken seriously by any objective analyst. It is an established fact that Sharifs’ could be termed as small entrepreneurs before 1970, but nothing comparable to what it is claimed by the family, claim of rubbing shoulders with TATAS’. The evidence suggests they didn’t loose out massively in privatisation as they claim. One thing is squarely against Sharif Family, if they had the proofs of their family wealth and evidence on the valuation of their businesses nationalised they would have proudly produced it to convince their doubters.

2- 1990 List

A list published in Herald of June 1990 had Ittefaq group at number 25 with net worth of Rs.398 million. The list was headed by Habibs’ with a net worth of Rs.5781 million.

The historical evidence proves that Sharif family actually started to get rich after Nawaz Sharif started his political career thanks the patronage of General Zia-ul-Haq, a dictator it must be added.

3- 1997 List

Something very drastic happened in Pakistan during the period between 1990 and 1997. The wealth of richest families of Pakistan dramatically increased many folds during this period. Ittefaq group jumped to number 5 positions with manufacturing assets worth Rs.10000 million. The rich list was headed by Nishat group with total Assets worth Rs.192937 million.

The massive upsurge in the fortunes of Pakistani Industrialists was direct result of privatisation by Nawaz Sharif and Benazir Bhutto, when national assets worth billions were sold out to the industrial groups of Pakistan. There was a paradigm shift in the balance of power between the industrialists from Karachi, represented by the Memons towards the industrialists from Punjab represented by Chinnots and off course Lahore groups.

The historical Evidence shows that Sharifs’ claims to be wealthy from 1930 cannot be sustained. Their wealth started to increase between mid 80s’ to 2000, and coincided with the period when Nawaz Sharif served first in Punjab and then on National stage as Prime Minister.

Overseas Properties/Assets/Bank Balances

The fact is the statements made by PMLN leaders are not conclusive or satisfactory. Financial matters cannot be cleared from vague or open ended comments, it demands proofs; these comments raise more questions; these questions have to be answered by PMLN leadership.

In the words and statements of various PMLN leaders the acquisition of overseas properties of Sharif family can be summarised as follows.

A- NS had billions; he transferred those billions to his sons, who settled overseas and are running successful businesses.

B- How these billions were transferred overseas? No evidence ever provided.

C- According to the comments by some PMLN leaders the overseas properties and businesses by Nawaz Sharifs’ sons were bought from the money borrowed from the banks. Simple logic tells us that if the properties were bought on 95% financing by the Banks, those supposed billions were not spent on the acquisition of assets and properties. In that case we are entitled to ask where are those billions now?

D- Were these billions invested in properties on the names of different members of NS family including his wife and daughter besides his sons or even some outside his family? These properties not included in the list of properties owned by the companies of Hassan in the UK? Are these properties declared as assets by Nawaz Sharif or his family anywhere in the record submitted or presented?

E- The companies run by Hassan in theUKearned profit? How much profit they earned, how much CT they paid given they all are limited companies, with nominal Share Capitals on their BS.

F- What was the Director’s remuneration drawn by Hassan or any other member of NS family from these companies? What Income Tax paid on those remunerations? How many other benefits in kind drawn from those companies by Hassan or NS family? And how much tax paid on those benefits?

G- It has been said 65 Crores are transferred to Pakistanrecently by Sharif Family. How much of it was from theUKand how much was it from Saudia? Any documentary evidence of transfers of money?

H- Were these amounts from the disposal/sales of assets/properties held in the companies’ names? If they were, CGT paid on the disposals?

I- If this amount was drawn from the profits made by the companies, how much CT paid on those profits? Were these profits drawn by the Directors? How these profits were drawn? Were relevant taxes paid on such withdrawals? Or tax on dividends if the amounts were drawn as such.

Sharifs’ Companies Accounts from the UK

PMLN leadership regularly taunt their opponents and doubters that in the UK option is available for people to obtain the accounts of the companies owned by the son(s) of Nawaz Sharif. One shouldn’t shy away from a challenge therefore it was paramount to go through the troubles of obtaining the financial accounts of the companies owned by Sharif family in the UK. Sharif family has to bear the blame that instead of being straight forward with Pakistani people and present the full details of their assets and incomes as honesty demanded, they are trying to shift onus on the public to obtain the information. It sounds like it is public’s fault that Sharifs’ are suspected to have obtained their wealth by suspicious and inappropriate means. May be Sharifs’ and PMLN leaders know the reasons to insist on general public obtaining the accounts of the UK Companies owned by the family; people would n’t be able to get any relevant and useful information from the submitted companies account in the UK. In the UK small companies are entitled for limited disclosure through their accounts. The accounts submitted to the Companies House by Sharif family only accompanied by a Shortened Balance Sheets. These Balance Sheets do not give any indications on either the Director’s remuneration, dividends received by the directors or any other benefits drawn from the companies. It does not provide any indications of companies’ profitability either and how much CT or any other taxes paid by different companies.

1- Quint Paddington Limited: Mr H N Sharif appointed Director on 2/3/2007.

The company shows a net worth of £1, 367,626 in 2010, increased over two financial years from £69,995 in 2008. As the additions of almost 1.2 million is in the last two years, therefore, the historical valuation would n’t be much different from the current market valuation. If anything it would be worth less due to the downturn in the property market in recent years.

There is something very interesting in the accounts submitted by the company, for the clarification of the issues full accounts needed to be studied. Total current assets of the company are eliminated completely in last two years. In 2008 the Current Assets were shown at £3,238,681 and in 2009 the have gone down to £2,744,189, which means that assets worth £494,492 were disposed in 2009. The figure shown in 2010 accounts for Current Asset is 0. It means that in 2010 remaining £2,744,189 assets were disposed off or transferred to another company.

Keeping in line the stock held has decreased in these two years, it was £3,038,222 n 2008 and has gone down to £0 in 2010. But strangely the current liabilities have also increased during these three years from £562,270 in 2008 to £752,626. This is rather odd occurrence, given that this company is dealing with investment properties, the stock should have increase as well if the current liabilities represented the loans or mortgages obtained for the purchase of properties for stock as per PMLN claims. It indicates that the current liabilities in 2010 accounts represent some other source. No explanations are available in shortened and limited disclosure in the accounts submitted; therefore, nothing could be ascertained with certainty without explanations.

For all three years the accounts showed £0 as cash at Banks. It means that this company had no cash inflows and probably no cash transactions. It main operation was just the properties stock, which were disposed off during last two years or transferred to another company.

2- Flagship Securities Limited: Mr. H N Sharif appointed Director on 25/7/2005.

The company shows cash at bank £61,193 in 2010 accounts, current assets of £698,600, stock of £0, current liabilities of £20,794 and net worth of £200,915.

The interesting and significant movement in the accounts occurred in 2007 and 2008. In 2007 current liabilities increased from £211,500 (2006) to £1,676,933. In the same years the cash at bank increased to £1,000,069 and current assets to £1,896,014 from £235,198 in 2006. It is obvious substantial activities and acquisition or transfer of assets had taken place in this period, these assets were disposed off or transferred again in 2008 period. Since 2008 the accounts do not show any substantial movements.

The main issue need explanation in the accounts of the company is the increase in Cash at Bank in 2007. The banks would n’t give money to the company if the properties were bought on mortgage it would register against the properties and should be showing in long term or current liabilities depending on the treatment it is awarded in the accounts. This infusion of cash showed that it is either introduced by the family in that case the comments of PMLN leaders that properties are mortgaged do not hold water. Other possibility is that the properties were re-mortgaged.

3- Que Holdings Limited: Mr. H N Sharif appointed director on 15/7/2003.

2010 accounts of this company show stock at £0, current assets at £12,603, current liabilities at £429,526 and net worth of £307,421.

This company also shows movement in 2007, when assets increased by £1.2 million compare to 2006. The increase continued in 2008 and 2009 when assets rose by 0.5 million in each year. The current assets decreased in 2010 to the figure stated above. This means that properties were bought of transferred from another company in the period of 2007 to 2009. But disposed off or transferred again to another company in 2010.

4- Quint Gloucester Place Ltd: Mr. H N Sharif appointed director on 22/08/2006.

2010 accounts for this company show stock at £0, Current Assets at £ 38,791, Cash at Bank £0, Current Liabilities at £305,175 and net worth of £56, 124.

The Current Assets in this company rose steadily from 2007 to 2009, from £3,555,918 in 2007 to £6,536,379 in 2009; so did stock to almost same levels and stood at £6, 535,735 in 2009. It means that Assets worth almost £6.5 million were sold off or transferred in 2010.

5- Quint Eaton Place No2 Ltd: H N Sharif appointed Secretary on 23/11/2003

This company is now dissolved.

Main activities in this company happened in 2006 and 2007. In 2006 the accounts showed stock of £2, 301, 049 which were reduced to 0 in 2007. This means that the properties were either sold or transferred to other companies in 2007. In 2007 it has Total Current Assets worth £671,032 and T C Liabilities at £332,813, and company’s net worth of £338, 219.

6- Flagship Investment Ltd: Mr. H N Sharif appointed director on 12/4/2001

This company has Total Current Assets £95,018 in 2010 accounts, T C Liabilities are £1, 496,445 with a net worth value of £435, 890 and cash at bank £3832, and stock at £0. While the stock remained 0 in last 5 years, the current assets did n’t show any significant movement either, but Current Liabilities jumped by almost £1 Million in 2010.

7- Hartson Properties Ltd: Mr. H N Sharif appointed director on 26/03/2002

This company even though showing active status, does not show any activities at all in its accounts for last 5 years and have a nominal worth of £2.

8- Quint Sloane Limited: Mr. H N Sharif appointed director on 19/11/2003

It is a Dissolved company and had no activities in its accounts of 2004.

9- Quint Limited: Mr. H N Sharif appointed Secretary on 14/7/2003, the company is dissolved now.

First point to note from these accounts is that there was another Director on this company, Mr. Asim Masood Mahmood. How much were his shares in the business?

Secondly, it seems this company was dissolved in 2007 (its last accounts shown) and its assets were transferred. Was the other Director’s share bought out and the assets of this company were transferred to another company?

It had assets worth £2,802,902 in 2006 on its books, with current liabilities standing on £2, 327, 993, while net worth of the company is shown as £320,572 and cash at bank at £18. The cash at bank increased to £209, 330 in 2007 accounts.

Movement of Assets between the UK Companies

On the surface, it seems that cross movement of assets had taken place between the companies owned by Hassan Nawaz Sharif. For example in 2007, Quint Limited was dissolved. Most probably its assets and liabilities were transferred to other companies. Another company Quint Eaton Placeno2 Ltd was also dissolved in 2007 and most probably its assets and liabilities were also transferred to other companies. Curiously both companies had Mr. Asim Masood Mahmood as one of it two Directors, the second director was Hassan Nawaz Sharif. It is highly likely that there were some transactions taken place to buy off Mr. Mahmood share in these two companies and after his ouster these two companies were dissolved. The assets and liabilities of these two companies were transferred to other companies owned by Hassan.

For example Quint Gloucester Place Limited had introduction of £3, 551,467 as stock in 2007, which jumped to £5,228,208 in 2008. Perhaps the properties from above two companies were transferred to this company in its 2007 and 2008 accounting periods. This company has also seen another change in 2010 when all of its stock of £6,535,735 is removed from the accounts, either these properties are sold or ownership transferred to another company.

Earnings from UK Companies

In the absence of Profit and Loss statements submitted to Companies House, it is impossible to find out the Income of Hassan Nawaz Sharif from his companies in the UK. Despite if one pays the prescribed fees to the Companies House. The purpose of obtaining the records of the companies owned by Hasan was to provide the information to the General Public that despite the claims by PMLN leaders that the details of accounts from theUKwould shed light on the Income of Sharifs’ family through which supposedly their lavish life styles are maintained.

Alas, as proven these accounts provide no valid information, leaving the responsibilities on the shoulder of Sharifs’ family and PMLN leadership to show the proofs to the public. Even the movement in the Companies stock or assets is minimal, and whatever movement is there it seems it is between group companies, again something which cannot be confirmed or denied from the accounts submitted to the Companies House.

One thing is certain though, the claims of PMLN leaders are not correct that the assets and Income of Nawaz Sharif’s family are transparent. Yes accounts are there to be seen, but they shed no light on the information sought by Pakistani people. They don’t show how properties were financed; how much Income these companies generated due to non submission of profit and loss accounts.

It seems that the Properties in the Company are kept as Long term investment probably generating rental income, rather than dealing short term buying and selling of the properties. But this can only be termed as a calculated guess obtained from the available accounts.

One thing is sure though, the turnover and Assets of the Companies are not enough to maintain the claims of Sharif Family and to maintain their lavish life styles. Especially when PMLN leaders claim that Nawaz Sharif personal expenses during his years in exile and even now are financed by his sons. They have to show to the Pakistani people that these companies generated enough Income to sustain the life styles of family members including Nawaz Sharif and prove their arguments and comments accurate.

Anyway, the Tag of “Billionaires” cannot be maintained with such meagre turnovers. In 6 years or so movements of stock worth only £6+ million with a likely profit of around £1 million if Properties were disposed off (not clear from the accounts though) or rental Income of a million or two over the years could hardly be called the result of family’s billions transferred to his sons by Nawaz Sharif. After all these companies must have expenses to pay too, considering how expensive Londonis, the expenses would be substantial. Not to mention the fact that according to the statements of PMLN leaders these properties are bought on 95% mortgages; financed by the banks. If these claims are correct, the vast majority of the rental Income would be offset against the Interests and Charges levied by the banks. Reducing the Income of Sharifs’s family further. PMLN leaders simply cannot cut it both ways.

PMLN Leadership is still in the same pickle this disclosure doesn’t prove their point, but increases their vows. Unless there are other properties and assets which are not declared in the public domain.

Nawaz’s Personal and Household Expenses

The issue of Rs5000 Income tax paid by NS has been regularly discussed on talk shows. In response ridiculous figures are mentioned by PMLN leaders that billions of rupees are paid in taxes by Sharif family. PMLN faces an uphill task to the life style of Sharif’s family on the meagre income they have shown over the years. It has been established from the regular statements made by party leaders that NS has no income of his own as such, his life style is maintained by the wealth generated by his sons and his family businesses. The details of the companies’ accounts owned by Hassan in the UK prove these claims untenable.

Contrary to earlier repeated claims by party leaders in different programs, it seems recently the practice has changed after realisation that this could become a thorny issue for NS. It has been said that NS has paid millions in taxes in last two years. This once again is a departure from earlier stated claims and raises questions, if NS didn’t have any assets before and he borrowed money from his family members how he started to have the income and how he own assets again? Where did he get the money for the new investment? If it is not new investment but old, then why the income from the investment not declared in previous years?

PMLN leadership should realise that during his exile NS still had stake in at least one family concern which is source of current surge in his tax liabilities. If he was drawing any Income from this business before 2008, he is still liable to tax as non-resident for the Income generated in Pakistan. Unless he can demonstrated he paid taxes on this income in some other country.

First let’s look at snapshots of possible and realistic expenses:

1- Nawaz Sharif travels regularly, both overseas and nationally, which means airfares, hotel expenses, travel, food etc on his trips. It is almost a certainty that he does not travel in Economy Class, and First or Business Class costs far more than EC.

2- Nawaz Sharif (or/and his family) maintains houses in different part of the country and also overseas residences. Looking at their life styles, it is safe to assume, he has servants in many places, if not all the places. Then there is simple matter of maintenance of these properties, and running expenses like utilities bills, repairs etc.

3- We also know that Nawaz Sharif himself and his wife both had not been well recently. They were treated in London. We can also safely say that they don’t use NHS treatment like mere mortals. It is an established fact private medical treatment is tremendously expensive in western countries. UK is not a cheap place for private treatment either.

4- Last but not least there is notoriously large “Raiwind Palace”, running it would not be cheap. Some mentioned in TV talk shows that running expenses for “Raiwand Palace” are 2 crores a month. The figure could be an exaggeration, but the onus still remains on Sharif family to come clean and explain to the nation how they maintain such life styles on the Income and taxes they disclose.

Only 4 major expenses are highlighted above in the hope that supporters of PMLN wouldn’t complain or level charges of unreasonable expectations or estimations.

The maths is simple; NS and his family have to show that the Income received by NS and other family members either from his businesses or from his children is sufficient to cover those expenses. And that the Taxes are paid on that Income, irrespective where those incomes are generated, the tax is still payable, either overseas or in Pakistan. There is double taxation relief available between UK and Pakistan. Anything drawn by NS from any business as his personal income, he is liable to pay Income Tax on it. Alternatively if PMLN contention is that he lives on the remittance sent by his sons, than the evidence of remittances and the taxable income of his sons should be shown, together with the taxes they paid, after all there is no free lunch, not where his sons resides. It has been repeatedly stated by PMLN leadership the money is transferred to Pakistan using legitimate means. If so let’ us see the proofs. Pakistanis already know there are allegations Mr. Ishaq Dar has testified that he transferred money for Sharifs through debateable channels; some maintain through illegal channels.

Sharif Foundation’s Hospitals

PMLN leaders constantly boost that Sahrif’s have their charitable institutions including a massive hospital in Raiwind, and unlike Imran Khan who runs his charitable institutions on donations, Sharif family run their institutions from their own pockets.

It must be said it is rather commendable if they do such deeds. But unfortunately for PMLN and Sharif’s family if this is boosting or a fact, either way, it exacerbate the problems faced by Sharif’s family.

Massive charitable institutions need money to run, if the funding does n’t come from donations it must come from the earnings and income of Sharif’s family. Therefore, Sharif family has to show their income covering not only their lavish life style but also the money needed to run their charitable institutions.

Claims by PMLN Leaders and their Contradictions

Only few examples are provided otherwise this would become a very long list.

1- Mr. Sadiq Al Farooq

A- In two different programs he first claimed that 65 crores were brought back to Pakistan in last two years and in second he claimed 65 crores were brought back in last 6 months.

B- But when he was challenged by PTI Imran Ismail in the program “to the point” on 17th November 2011 to show proof of even $100 brought back to Pakistan, Mr. Farooq failed to produce or mentioned any evidence of any amount brought back to Pakistan as per his earlier claims. He was also asked when Sharif family left Pakistan their assets and bank balances were confiscated by Musharaf regime. How they have started businesses in the UK and in Saudi Arabia. Mr. Sadiq didn’t give any plausible explanations.

C- In same program he once again repeated his claims that NS’s businesses paid over 6 billion in taxes. When enquired does it includes sales tax, he said no it is all other type of tax. Well it is so easy to prove what taxes were paid just show us the tax returns of the businesses and Income Tax returns of the family Sharif family members.

D- His best comments were that all the expenses of NS were paid by his businesses. He said all the industrialists properties are own by the businesses, the family household expenses are paid by the businesses too and they pay the taxes on the rest of the amount if any left. Wow, it seems in the presence of such person PMLN doesn’t need any opposition accountant or lawyer he is enough to destroy the case of PMLN. Different taxes payable by individuals on any money drawn for personal or household expenses, personal expenses received, benefits in kind received, or profit from different Incomes, dividends etc are already listed earlier in this article. He specifically mentioned that cars were owned by the businesses and running costs including petrol was paid by the businesses. Someone needs to explain to Mr. Sadiq Al Farooq that all the personal usage is taxable as benefits in kind. Otherwise tax system would be open to monumental abuses.

2- Mr. Ahsan Iqbal

A- In the Program “Off the record” with Kashif dated 31/10/11 AI said NS has submitted details of his assets in 2008. In response to a question by the host, he responded the list produced by NS is accurate.

B- In response to another question that NS is in debited to his wife and sons, do you think he is in such financial difficulties? AI responded when NS became PM he disassociated himself from all the Businesses. In that case it would be very easy for PMLN to provide details of the assets NS had on a particular date and how assets were divided and transferred to his children and wife. If any fixed assets were sold or the liquid assets or any other businesses assets were transferred overseas to start overseas ventures? If so then by using what means and where? Show us the proofs.

C- In response to another question AI responded by saying; PM and President are all answerable to the Courts too. For all practical reasons, if no one has challenged it until now, even though the Government is a sworn enemy (of NS), then we have to believe that there are no inaccuracies in the list submitted by NS. First of all quoting PM and President makes the whole argument self defeating, Pakistanis know the truth about their affairs. The other argument is dealt in other places in this article.

D- On 2/11/11 in the same program Ahsan Iqbal said categorically NS has not taken any money out of Pakistan. This contradicts claims by other PMLN leaders it is explained in other places too.

3- Mr. Khawaja Asif

A) In program “off the record” on 24/3/11 Mr. Asif said, that all the properties owned by Hassan Nawaz are mortgaged and financed by various banks.

B) Mr. Khawaja also disclosed that Hassan owns (more accurately the Companies controlled by Hassan) properties in Mayfair and Park Lane in London.

C) Mr. Asif also disclosed that Hassan had been in the UK since mid 90’s for over 14-16 years. He disclosed that some properties in the UK were bought 3-4 years before Hassan’s arrival in the UK. This disclosure opens a can of worm for NS and his family. If Hassan was not resident in theUK whose name were these properties before they are taken over by the companies of Hassan? How they were bought or financed? How the money transferred to the UK and whose name? Unfortunately for Mr. Asif the earliest Mr. Hassan became a Director of a Company listed above is in April 2001. This makes it only 10 years not 14-16 years as claimed. Name of his business associate in two dissolved companies is already mentioned earlier. Transactions for the take over his investment took place between 2006 and 2007. Mr. Asif’s facts are rather thin on the ground. We also have a categorical statement by Ahsen Iqbal that NS have taken no money out of the country. How Mr. Asif would provide proofs of 5% down payments paid for the Properties?

D) Mr. Asif also disclosed that all the properties owned by Hassan (his companies) are mortgaged and bought by paying 5% advances while rest of the investment is financed by the banks. Residents of the UK know even 14 years ago banks would n’t give 95% loans for commercial properties, despite whatever claims are made by Mr. Asif. It was possible and was the practice to obtain even 100% mortgage on your residential property (only one) but not on commercial properties. Anyhow, it should be very easy for PMLN to show the documents if what Mr. Khawaja says is right. Why are they reluctant?

Secondly, the problem of properties bought before Hassan’s arrival in theUKaccording to Mr. Asif, is never solved by PMLN. Even 5% down payments for the properties; if we to accept Mr. Asif’s explanations (not a remote possibility); are quite a substantial amount. How this money was transferred to London ?

We also have AI categorical statement that NS has taken no amount out of Pakistan. How these 5% were paid? More accurate representation of banks loans for purchase of commercial properties is 65% to 75%. This means NS family must have paid anything between 25% to 35% advances for the properties.

E) Mr. Asif also disclosed that the steel mill in Saudia Arabia is owned by NS other son Hussein. Rumours has it, it was transferred from Dubai. Any how it’s Acquisition or transfer from Dubai, whatever the facts may be, it has to be proven by PMLN. It is their responsibility to dispel all doubts and show clear evidence of their business dealings to Pakistani nation. Pakistani nation wants credible evidence and plausible explanations, not off the cuff remarks in talk shows.

4- Mr. Hanif Abbassi

A) Mr. Abbassi is quite vocal on the assets issue in talk shows, usually repeating the arguments presented by other leaders of PMLN, these arguments are already listed above.

B) Mr. Abbassi recently attacked Imran Khan and wanted to know how much taxes Imran paid from his income during his playing years in theUK. Perhaps Mr. Abbassi is either unaware of the Taxation Laws in theUK, or he is deliberating trying to mislead, later looks more likely. In the UK all sport organisations who employ professional sportsmen like Cricketers, Footballers or Rugby players deduct the taxes on their income at source. Most sportsmen are paid on PAYE basis, where the taxes are deducted from their monthly or weekly wages. Mr. Abbasi said nation wants to know how Imran paid his taxes during his years as a professional. Mr. Abbasi, Imran can defend himself, but don’t you think similarly Pakistani nation also wants to know the sources of Sharifs’ family income which can sustain their lavish life styles. Hopefully you would be man enough to address the issues raised in this article, for the sake of consistency and honesty.

Proofs required from Sharifs

Pakistani nation wants to see, first of all how much Income tax the individuals members of the family specifically Nawaz Sharif’ and his family has paid, lets say in least last 20 years.

What were the sources of their income, where that income was generated and declared and how it was transferred toPakistan.

They have to provide details of their expenses, especially of Nawaz Sharif and show that the income or transfer of money from overseas is sufficient to meet those expenses.

They also have to show in precise manner, how much actual Profits generated and CT or Income tax paid on those profits by their businesses in last 20 years. Both in Pakistan and overseas.

Any duties and sales taxes paid should be listed separately from actual Taxes on income or profits. Duties and sales taxes are collected on behalf of the state and are not taxes paid directly by the individuals or business. A business could pay back billions collected on behalf of the Revenue in connection with duties and sales tax or VAT, but still make a loss for the year and don’t pay any Income Tax or CT on profits at all.

We need to know, how much were actual profits of the businesses, how much business tax or Corporation tax was paid by the businesses and how much personal tax paid by Sharif family on the money allocated to them for personal expenditures. Was that money enough to sustain their lavish life style and the money they allegedly spent on their charitable institutions?

Pakistanis also want to know where the wealth Nawaz Sharif and his family allegedly had for decades is. If his sons started businesses both in the UK and Saudi Arabiaon Bank Loans and Mortgages according to PMLN leadership then this money must have been kept safely somewhere, where is it? How that money was transferred outside ofPakistan? Or is it still inPakistan, if it is where is it kept?

Conclusions

PMLN instead of firing the blanks or making meaningless and purposefully misleading statements should own up to the people of Pakistan and talk in a manner befitting a political party.

People are wiser and would n’t be distracted from uneducated and corrupt politicians who are in the Politics for one reason only to make money using unethical and immoral means, including theft and loot of national resources.

Mr. Khawaja Asif advised people that accounts for Hassan’s companies are available after payment of fixed fees; one has to spend a fiver to obtain them. First of all, he should be aware that for small companies there are exemptions for accounts disclosure. Hassan’s companies are registered and classified as small companies, with only abbreviated versions of the Balance Sheet provided as accounts. Providing Income Statement is not an obligation for small companies. Pakistani people need to know how life styles like kings are maintained on small companies’ accounts. Mr. Asif shouldn’t worry many have spent those fivers, and £4 needed for property searches.

We are at our wits end listening to incredibly unreliable and untruthful politicians; we want the truth, nothing but the truth.

It is an era of openness, era of credible and responsible people. Pakistani politicians have played enough games with poor people of Pakistan. It is duty of all educated Pakistanis and overseas Pakistanis to spread the word, to catch these immoral characters; they are literally getting away with day time robberies. They come across as a cross between a Pantomime and a Puppet Show. The Spivs who caused mega corruptions in the first place, should not and could not be trusted with the nation’s resources and wealth again, enough is enough.

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Ali Khan
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