DIRECT TAXES
| Tax code only from 2012 Mon, 30 Aug 2010 18:46:00 GMT |
| Business Standard Economy Policy News Tax code only from 2012 The Direct Taxes Code (DTC) Bill that was introduced in Parliament today proposes some relief to individuals and companies. But a closer read suggests that women taxpayers, developers of special economic zones and units in these areas, as well as those investing in unit-linked insurance plans, are in for harder times. The only saving grace is that these individuals and companies will get an additional year’s breather, as the new legislation to replace the Income-Tax Act, 1961, is slated to come into force only from April 2012. Like the Goods and Services Tax, this is again a case of missed deadlines, since the original schedule was to shift to DTC from April 2011. Under the new regime, companies will pay 30 per cent corporation tax, including cess and surcharge, instead of the present combined levy of 33.2 per cent. Besides, the tax rate for foreign companies will now be the same as domestic companies. The Bill — the result of two rounds of consultations and factors in 1,600 comments — proposes to increase the exemption limit for individuals from Rs 1.6 lakhs to Rs 2 lakhs. Accordingly, the slabs have also been reworked. Those with a taxable income of Rs 2-5 lakhs will be taxed at 10 per cent; those in the Rs 5-10 lakhs bracket will have to pay 20 per cent; while taxable income of over Rs 10 lakhs will attract a 30 per cent levy. Though this is lower than what was proposed in the first discussion paper released last August, exemption on saving instruments, which were proposed to be withdrawn, has been retained. In fact, there have been a few additions to the list such as investment in the New Pension Scheme. Senior citizens are in for some relief, but ‘gender equality’ has meant that the additional exemption limit so far available to women taxpayers will be withdrawn once DTC comes into effect. By widening the ambit of the minimum alternate tax (MAT), the government is hoping to make up for some revenue loss caused by giveaways to individuals (Rs 14,343 crores) and companies (Rs 38,829 crores). Despite this, tax buoyancy will come to the aid of the exchequer. Against the budgeted direct tax collection of Rs 4,29,000 crores in the current financial year if the present tax regime continued, the Centre expects to garner Rs 5,80,417 crores in 2012-13 when DTC kicks in. With relief to taxpayers, it now hopes to collect around Rs 5,27,000 crores, said revenue secretary Sunil Mitra. The reworked slabs are expected to benefit a majority of taxpayers. Of the 32.5 million of them, 96 per cent are in the '1-5-lakh bracket. These taxpayers pay around 30 per cent of the direct taxes. Mitra said 2.2 per cent of taxpayers, who have a taxable income of over '8 lakhs, account for 60 per cent of the Centre’s direct tax collections, with the remaining 10 per cent coming from those in the '5-8-lakh bracket. Finance Minister Pranab Mukherjee told Business Standard that the Bill contains various provisions that would help individuals save on tax. He added the Bill would be referred to a standing committee of Parliament, against the earlier plan to refer it to a select committee comprising members only of the Lok Sabha. Tax experts said to discourage people from purchasing Ulips and equity-linked savings schemes, exemption limits have been reworked in the DTC Bill. Going forward, investments of up to '1 lakh in provident fund, public provident fund, and pension schemes will be exempt. A further exemption of '50,000 will be available for health and life insurance premia and tuition fees. However, if you hold insurance policies, where over 65 per cent of the premium is used to buy equity shares, or equity-oriented mutual funds, the government intends to levy a 5 per cent tax on income distributed by the fund house or the insurer. For companies paying MAT, there is relief in the form of a continuation of the system of assessment on book profits. While MAT credit can be carried forward for 15 years, the rate is being increased to 20 per cent from 19.93 per cent, including cess and surcharge. “It appears that there is no provision for carry forward of MAT credit available under the existing Income-Tax Act, which may result in hardship to taxpayers. The only relief granted is MAT credit paid under DTC will be available up to 15 years, unlike 10 years available under the Income-Tax Act,” said Sunil Shah, a partner at Deloitte Haskins & Sells. In the case of SEZ developers, the government has decided to limit profit-linked benefits for zones that are notified after March 2012. In case of units, the cut-off date has been fixed as March 2014. SEZ developers and units are also included under the MAT regime under the DTC. In order to garner more resources from fund houses that have a bulk of assets under management in debt schemes, the government proposes to increase the tax rate for them from the present 25 per cent to 30 per cent, which is the corporation tax rate. Nearly three-fourths of the '8,00,000-crore average assets under management are in debt-oriented schemes. |
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