Is family pension received by a widow taxable?
Short answer
Some family pensions are exempt outright. Clause (9)(ii) of Part I of the Second Schedule exempts pension to families of public servants and Armed Forces members who die during service, and clauses (16) and (17) cover families of Shaheeds. For other family pensions, section 12(2A) is worded around pension from a former employer, which leaves their treatment unclear.
Applies to: Widows and other dependents receiving a family pension after the death of a government servant, a member of the Armed Forces, or a private-sector employee or pensioner.
What does the law say?
The Income Tax Ordinance, 2001 treats family pension in three different ways, depending on how the employee died and who the employer was.
1. Death during service (public servants and Armed Forces). Clause (9) of Part I of the Second Schedule now reads, in the part still in force: “Any pension … (ii) granted under the relevant rules to the families and dependents of public servants or members of the Armed Forces of Pakistan who die during service.” Sub-clause (i), which exempted service pensions of the Armed Forces and government employees, was omitted by the Finance Act, 2025. Sub-clause (ii) was not.
2. Families of Shaheeds. Clause (16) exempts income of the families and dependents of Shaheeds of the Pakistan Armed Forces from the special family pension, dependents pension or children’s allowance granted under Joint Services Instruction No. 5/66. Clause (17) gives the same exemption to families of Shaheeds of the Civil Armed Forces to whom that instruction would have applied had they belonged to the Pakistan Armed Forces.
3. Every other family pension. Section 12(2)(f) includes “any pension or annuity” in salary. Section 12(2A)(i), inserted by the Finance Act, 2025, then says pension is charged as a final tax at the rates in the pension proviso to clause (2) of Division I of Part I of the First Schedule “where the amount received by an individual from a former employer for a tax year exceeds ten million rupees”, and that an individual who has reached seventy “shall not be charged to tax on pension income”. The pension table charges 0% on pension up to Rs. 10 million and 5% of the amount above Rs. 10 million.
How does it work in practice?
| Situation | What the text says |
|---|---|
| Husband was a federal, provincial or other public servant, or in the Armed Forces, and died in service | Family pension exempt, clause (9)(ii) |
| Husband was a Shaheed of the Armed Forces or Civil Armed Forces | Special family pension and similar payments exempt, clauses (16) and (17) |
| Husband retired (government or private) and died afterwards | No exempting clause. Pension is salary under section 12(2)(f). Whether section 12(2A) and the pension table apply is unclear |
| Husband was a private-sector employee who died in service | No exempting clause. Clause (9)(ii) refers to “public servants”. Same uncertainty over section 12(2A) |
Why the last two rows are unclear. Section 12(2A)(i) and the pension proviso both speak of pension received by an individual “from a former employer”. A widow receiving family pension was usually never employed by the payer. The Ordinance does not say whether family pension falls inside that wording, whether it is taxed at the ordinary salary rates instead, or whether section 12(5)(c), which treats amounts paid to an employee’s associate as received by the employee, has any role after the employee’s death. This page does not resolve that question.
Worked example (illustrative scenarios)
Three widows each receive a family pension of Rs. 1,200,000 in tax year 2027 (1 July 2026 to 30 June 2027).
- Rukhsana, Peshawar. Her husband, a teacher in a provincial government school, died in service. Her pension is granted under the relevant rules to the family of a public servant who died during service. Clause (9)(ii) exempts the full Rs. 1,200,000.
- Shazia, Rawalpindi. Her husband, a soldier, was declared Shaheed and she receives a special family pension under Joint Services Instruction No. 5/66. Clause (16) exempts that income.
- Nasreen, Hyderabad. Her husband retired from a private cement company and died two years later. No clause exempts her pension. If the pension table applies to her, Rs. 1,200,000 is below Rs. 10 million and the rate is 0%, so tax is Rs. 0. If it does not apply, the pension would be salary taxed under the ordinary rates, and the Ordinance does not say which reading is right.
What if the widow is seventy or older?
Section 12(2A)(i) says the individual who has attained the age of seventy years “shall not be charged to tax on pension income”. That sentence sits in the same clause as the “former employer” wording, and the Ordinance does not say whether it reaches family pension. The age relief is clearest for a pensioner’s own pension.
What if she owns a house or a car?
Section 114(1)(b) requires a return from people who, among other things, own immovable property of 500 square yards or more, a flat in the areas described, or a motor vehicle above 1000 CC (sub-clauses (iii) to (vi)). Section 115(3)(a) lists “A widow” among persons not required to file “solely by reason of” those sub-clauses. The relief is limited to those triggers. A widow still falls under section 114 if, for example, her taxable income exceeds the amount not chargeable to tax (clause (ab)) or her income is subject to final taxation (clause (ae)).
Common mistakes
- Assuming the Finance Act, 2025 ended all pension exemptions. It omitted clause (8) and clause (9)(i). Clause (9)(ii) for death during service remains.
- Applying clause (9)(ii) to a pensioner who died after retiring. Its text is about those who “die during service”.
- Treating section 115(3) as a full exemption from filing. It only removes the property and vehicle triggers.
What to check in the official text
Read clauses (9), (16) and (17) of Part I of the Second Schedule, section 12(2)(f), 12(2A) and 12(5), sections 114(1) and 115(3), and the pension proviso to clause (2) of Division I of Part I of the First Schedule. Joint Services Instruction No. 5/66 and the pension rules that grant a family pension are outside this corpus.
Where this comes from in the law
Income Tax Ordinance, 2001, Second Schedule, Part I, clause (9)(ii)
As amended to 2026-06-30. Download official PDF
Income Tax Ordinance, 2001, Second Schedule, Part I, clauses (16) and (17)
As amended to 2026-06-30. Download official PDF
Income Tax Ordinance, 2001, section 12 (Salary)
the pension shall be charged to tax as a final tax at the rates specified in the proviso to clause (2) of Division I of Part I of the First Schedule where the amount received by an individual from a former employer for a tax year exceeds ten million rupees
As amended to 2026-06-30. Download official PDF
Income Tax Ordinance, 2001, section 115 (Persons not required to furnish a return of income)
The following persons shall not be required to furnish a return of income for a tax year solely by reason of
As amended to 2026-06-30. Download official PDF
Income Tax Ordinance, 2001, section 114 (Return of income)
owns a motor vehicle having engine capacity above 1000 CC
As amended to 2026-06-30. Download official PDF
Income Tax Ordinance, 2001, First Schedule, Part I, Division I, clause (2), proviso (pension table)
As amended to 2026-06-30. Download official PDF
Related questions people ask
- Is the family pension of a government employee who died in service taxable?
- No. Clause (9)(ii) of Part I of the Second Schedule exempts any pension granted under the relevant rules to the families and dependents of public servants or members of the Armed Forces of Pakistan who die during service.
- My husband retired from a private company and then died. Is my family pension taxed?
- No Second Schedule clause exempts it. Section 12(2)(f) makes pension part of salary, and the pension table in the First Schedule, which charges 0% up to Rs. 10 million a year, is tied by section 12(2A) to pension received from a former employer. The Ordinance does not say whether a widow's family pension counts as received from her former employer, so the text leaves the answer unclear.
- Does a widow have to file a tax return?
- Section 115(3) says a widow is not required to file solely because she owns property of the size described, or a motor vehicle above 1000 CC, under section 114(1)(b)(iii) to (vi). Other reasons for filing in section 114, such as taxable income above the amount not chargeable to tax, are not removed by that relief.
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Last reviewed 2026-09-25
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