07/05/2026
Good news for property owners: Section 7E declared null and void.
The Federal Constitutional Court has declared Section 7E of the Income Tax Ordinance as unconstitutional (Ultra Vires).
This decision is being considered a very important development for the real estate sector and property owners of Pakistan.
What was Section 7E?
According to Section 7E, introduced under the Finance Act 2022, if a person has more than one property, the government used to assume that this property was generating income equal to 5 percent of its market value, even if there was no rent or income in reality. Federal income tax was levied on this fictitious income.
What was the constitutional conflict?
According to legal experts, under the Constitution of Pakistan, the federation can only tax “income”, while the provinces have the authority to tax immovable property. Therefore, it was argued that Section 7E was actually a property tax, which was called income tax.
Court Decision
The Federal Constitutional Court ruled in its decision that Section 7E was an excess of the federal government's constitutional powers, therefore the law is unconstitutional.
This decision is being considered a major legal and financial relief for property owners and has also clarified the constitutional limits of the taxing powers of the federation and the provinces.