This covers
all cash money allocated for the business regardless of whether this
money will be used for importing commodities from abroad or purchase
from
the local market. Fixed assets include buildings, cattle, agrarian
crops, or food stock and the like. Also, goods stocked in a
commercial store owned by one individual or a group of people are
included. All of these properties are called commercial assets in
use.
As for
industrial firms, the tools used in them are not classified among
commercial assets. The same applies to the
contractor
companies which are involved in the works of building and
constructing and similar
works of carpentry and
smithery. These firms are counted as industrial ones.
However, if such industrial firms purchased any goods or materials
to be sold after being manufactured, there
should be
a due Zakat
on them.
The Difference
Between
Personal
Effects
and Commercial
Commodities:
The personal
effects are those articles that one intends to keep for personal
use, and not for sale or
trade transactions. This is known in
financial accounting as fixed assets. Such assets are bought, by
business men or commercial companies, to be kept as production
tools, such as machines, buildings, cars, equipment and land which
are not for sale or trade exchange. This also includes vessels,
safes, and shelves, used to display goods, desks and furniture. All
such fixed assets do not require any
Zakat.
On the other hand, commercial assets which are for sale, known in
financial accounting as circulating assets, are the properties
that the merchant or the company intends to deal in; such as goods,
equipment, cars and land bought for commercial transactions. All
these properties are subject to
Zakat
payment as long as they are fulfilling the preconditions of
Zakat.
Preconditions
of Paying
Zakat
on Commercial
Commodities:
The conditions of paying due
Zakat
on commercial commodities are the same as that of money. That is to
say, one should be a free Muslim having full possession of a
property which
reaches Nisab
and the passage of one lunar year.
Besides,
his possessions should have been
bought to be used in commerce.
On the other
hand, Maliki scholars asserted that such commodities should be
bought with money. If otherwise, no due
Zakat
should be paid, until it is sold and the price was used to purchase
other commodities. Moreover, if one bought a certain property with
the intention to use it in commercial transaction, then he made up
his mind to keep it for personal use; in this case there is no due
Zakat
on it. On the contrary,
if a property was purchased with the intention to keep it for
personal use, and
afterwards
he decided to sell it, there is no
Zakat,
until he sells it for money which he uses to buy commercial
commodities.
How to pay due
Zakat
on commercial wealth:
When it is the
due time to pay Zakat,
the Muslim merchant (or
the commercial company)
should make a financial statement showing the goods still in stock
and the total sum of money in
possession,
regardless of being used in commerce or not. To them, he should add
his retained profits. From the aggregate, he subtracts his debts,
which he has to pay from
the money
of his profits. Then he should pay
Zakat
on the remaining part at the rate of (2.5 %). This can be presented
in the following equation:
The amount of
Zakat
= [the value of present goods + cash money (in his bank account or
personal safe) + the postponed debt to be paid -the debt that should
be paid from the present balance properties-
×2.5%]
The merchant is to estimate his
commercial wealth according to the current prices which would be
higher or lower than the price of purchase.
The prices used in such estimation
should be either wholesale or retail prices as applicable.
Otherwise, an average price for those who sell their commodities at
both levels.
Commercial
Debts
All transactions, including selling
and purchasing, could be done either in cash or on credit. So, how
should the merchant calculate his commercial debts?
First:
The
Merchant
Credit
Account:
1.
Due
Paid
Debt:
this is the sort of credit where the indebted person either admits
his ability to redeem his debts, or he denies it as long as it is
documented. In other words, if it is referred to the court of
justice, the merchant has enough evidences to recover his credit.
This kind of debt is known as good debt. Thus, the merchant or the
firm should pay Zakat
on this credit balance every year. This is acceptable, except for
the opinion of Imam Malik (May Allah
have mercy upon him).
2.
A Credit
Account
That
Would
Never
Be
Recovered:
this is the kind of credit which is denied by the indebted person
and not documented. It is also
the kind of credit obtained by someone
who procrastinates it
or is unable to pay it.
This kind of credit is known as doubted credit. In this case, the
merchant or the commercial firm is not required to pay
Zakat
on credit until it is recovered.
Zakat
should be paid only for one year as in conformity with the opinion
of Imam Malik. Other scholars, on the other hand, see that
Zakat
is due every year on such kind
of a credit.
Second: Indebted Merchants:
If the merchant is able to pay his debts using the properties he
has, such as buildings, farms, cars and the like which are over and
above his needs, these debts then would not affect the due
Zakat
on his commercial wealth. On the other hand, if he has such
properties, he should deduct his debts from his commercial profits.
In this case, seeds, fruits and cattle will be excluded from paying
Zakat.
This is contrary to the opinion of
Imam
Ash-Shafi'i
who sees that the debts do not affect the due sum of
Zakat
as long as the money is in one’s
possession.
Due
Zakat on
Industrial
Properties:
As for
industrial properties, Zakat
is due upon the profits and not on the capital, which often turns
into fixed assets that require no
Zakat,
like
machines, equipment and premises. These are counted as production
infrastructure
that does not require Zakat.
We should take
into account that Zakat
should be paid on raw materials used in the factory, if one lunar
year has passed on them, or have been added to the assets and cash
money on which Zakat
is
due. This is regardless of whether these materials were kept unused,
or used in manufacturing things which were not sold when the time of
Zakat
is due. However, if these materials were added to the rest of assets
used in commerce, they should be treated on the basis and rules of
business cited earlier. This is what Imam Malik (May Allah rest his
soul) alone
has agreed upon.
If the person
was selling his commodities at current prices, he should pay
Zakat
every year. Monopolists who withhold their commodities waiting for
higher prices, should pay
Zakat for only one year upon
selling their goods.