Praise be to Allaah.
We ask Allaah to reward you with good for your keenness to
ask about the rulings of your religion. What every Muslim should do is to
ask about the rulings of his religion without any delay or hesitation.
The answer to your question is:
Firstly:
This company of yours is a manufacturing and commercial
company, and manufacturing and commercial companies must pay zakaah on trade
goods, but there is no zakaah on the tools, materials, vehicles, buildings
and furnishings that are intended to be used and not to be sold for profit.
See question no. [74987]
and [69916]
Based on this, the way in which your zakaah is to be worked
out at the end of the year is:
You should calculate what the company has in its stores of
materials that were bought with the aim of selling them. That includes the
“glass, lead, solder etc”. Its value should be calculated at the end of the
year, regardless of the price for which it was bought.
To that should be added the cash that is kept in the company
or in the bank.
To that should be added the debts that people owe you and
which you expect will be repaid. Then you should pay zakaah on the total at
a rate of 2.5%.
Secondly:
With regard to the company’s profits throughout the year,
these profits may be divided into two types:
1 – Profits that result from the sale of glass to customers
These profits are subject to zakaah, and a new year should
not be started for them, rather the year for them starts when the capital
with which they are bought was acquired, if it reaches the nisaab.
Al-Mughni, 4/75
2 – Profits that result
from the assembly process itself (i.e., they may be regarded as payment for
assembly and manufacturing). Zakaah is due on these profits if they meet the
nisaab and one year has passed since they were acquired.
It may be difficult in practical terms to differentiate
between these two types of profit, hence it is better to pay zakaah on the
entire profit at the end of the year as based on the capital. Whatever is
profit on trade goods, you will have paid its zakaah at the proper time
(i.e., after a year has passed) and whatever is payment for the work, you
will have paid its zakaah in advance, and paying zakaah ahead of time is
permissible.
Thirdly:
There is no zakaah on profits that are spent during the year
and which do not remain at the end of the year.
Fourthly:
The year of trade goods for a company does not start from the
date the company was first established or from when the raw materials were
purchased, rather it starts from when the money with which the raw materials
were purchased was acquired.
For example: if you first acquired the nisaab in Muharram,
and the company was founded in Rajab, and you bought the raw material and
started work in Ramadaan, the year for the trade goods starts in Muharram,
not in Ramadaan.
Shaykh Ibn ‘Uthyameen
(may Allaah have mercy on him) said: Note that the year for trade goods does
not end one year after they were bought, rather it is one year after the
original wealth was acquired. Because it is it is another form of money
which is part of your capital, where you have changed it into trade goods,
so the year starts with the acquisition of the original wealth. End quote.
Majmoo’ Fataawa Ibn ‘Uthaymeen,
18/234
See also the answer to question no.
32715
Fifthly:
With regard to calculating zakaah after deducting taxes:
If the taxes are deducted and paid before the end of the year
(i.e., the year for zakaah purposes), then what you are doing is correct,
because the money that has been paid has not been with you for a year.
But if they are paid after the year is over, then it is more
on the safe side to pay zakaah on it; the fact that this money is taken
wrongfully from you does not mean that zakaah is waived.
Sixthly:
As for regarding taxes as part of zakaah, that is not
permissible, because zakaah is to be spent in specific ways as defined by
Allaah, may He be exalted, in the verse (interpretation of the meaning):
“As-Sadaqaat (here it means Zakaah) are only for the
Fuqaraa’ (poor), and Al‑Masaakeen (the poor) and those employed to collect
(the funds); and to attract the hearts of those who have been inclined
(towards Islam); and to free the captives; and for those in debt; and for
Allaah’s Cause (i.e. for Mujaahidoon — those fighting in a holy battle), and
for the wayfarer (a traveller who is cut off from everything); a duty
imposed by Allaah. And Allaah is All-Knower, All-Wise”
[al-Tawbah 9:60]
Taxes are not spent in these ways. Moreover, governments do
not take taxes on the basis that they are zakaah.
The scholars of the Standing Committee said:
The fact that taxes are
on a property does not mean that zakaah should not be paid, and that does
not waive the duty to pay it on the income earned through that building, if
it reaches the nisaab and one year has passed. End quote.
Fataawa al-Lajnah al-Daa’imah,
9/339
See also question no.
2447
The scholars of the Standing Committee were also asked:
What do you say about the manner of paying zakaah? I own a
shop that sells lumber and one year has passed for the products that are in
the store. There are debts connected to the products in the store, as the
purchasers have paid some of the price and the rest is to be paid at a later
date. There are also annual expenses such as the rent for the store, annual
fees, taxes, insurance, and employee salaries.
They replied:
Zakaah must be paid on the products that are offered for
sale, such as the lumber etc, if its value reaches the nisaab by itself or
when added to whatever cash or other trade goods you have, and one year has
passed. As for the debts, rent, fees, etc, these do not mean that it is not
obligatory to pay zakaah. End quote.
Fataawa al-Lajnah al-Daa’imah,
9/348
Seventhly:
With regard to zakaah
for past years, you have to work out the zakaah for every year and pay
whatever you still owe, because ignorance of how zakaah is to be paid does
not mean that the obligation is waived. This is a debt that you owe and must
pay.
See the answer to question no.
69798
And Allaah knows best.