Direct Tax Code: Taxation Presentation On
Direct Tax Code: Taxation Presentation On
Introduction
S The New Direct Tax Code (DTC) is said to replace the existing
Income Tax Act of 1961 in India. DTC bill was tabled in parliament on 3oth August, 2010. There are big changes now in monsoon session and There are now much less benefits as compared to what were in the original proposal.
S During the Budget 2012 presentation, the finance minister Mr.
Pranab Mukherjee reiterated his commitment to bringing into fore the new direct tax code (DTC) into force from 1st of April, 2011, but same could not be fulfilled.
S Again, as per budget presented on 16th March, 2012,
Implementation of Direct tax code has again been deferred and wont be applicable from 1st April, 2012.
Advantages
The Direct Tax Code will :
S eliminate distortions in the tax structure, S introduce moderate levels of taxation, S expand the tax base, S improve tax compliance, S simplify the language and lower tax litigations.
income.
Funds(ELSS), Term deposits, NSC (National Savings certificates), Long term infrastructures bonds, house loan principal repayment, stamp duty and registration fees on purchase of house property will loose tax benefits.
another 50,000 has been added just for pure life insurance (Sum insured is atleast 20 times the premium paid) , health insurance, medi-claims policies and tuition fees of children.
provident fund, superannuation fund, gratuity fund and new pension scheme (NPS).
Tax Slabs
S The Income tax rates and slabs have been modified. The
Nil
10% 20%
30%
mutual funds, on which STT has been paid) are still exempted from income tax.
three stages (EEE) savings, accretions and withdrawalsto be allowed for provident funds (GPF, EPF and PPF), NPS (new pension scheme administered by PFRDA), Retirement benefits (gratuity, leave encashment, etc), pure life insurance products & annuity schemes.
S Earlier DTC also wanted to tax withdrawals.
from 30% to 20% of the Gross Rent. Also all interest paid on house loan for a rented house is deductible from rent.
S Before DTC, if you own more than one property, there
was provision for taxing notional rent even if the second house was not put to rent. But, under the Direct Tax Code 2010 , such a concept has been abolished.
Corporate tax
salary.
S For long term gain (after one year of purchase), instead
of flat rate of 20% of gain after indexation benefit, new concept has been introduced. Now gain after indexation will be added to taxable income and taxed at per the tax slab.
S Base date for cost of acquisition has been changed to 1st
Medical reimbursement
Tax on dividends
(DDT). DDT has been removed from debt and non-equity based mutual funds but now dividends on non-equity funds will be taxable in investors hand as per his slab rates.
S There will also be a TDS 0f 10% (20% in case of NRI and
global income if he is in India for a period more than 182 days in a financial year. But in new bill, this duration has been changed to just 60 days.
S An NRI will be deemed as resident only if he has also
resided in India for 365 days or more in the preceding four financial years, together with 60 days in any of these fiscal years.
his global income does not immediately become liable to tax in India. Global income would become taxable only if the person also stayed in India for nine out of 10 precedent years, or 730 days in the preceding seven years.
S This is very unfair to Seafarers. To avoid any income tax,
an Indian sailor employed with a foreign ship will have to stay maximum for 60 days in India.
Conclusion
S If the Tax Code is generous in giving relief to tax payers,
be sure, it will also make life miserable for those who evade tax through fraudulent means. As the Tax Code prescribes stiff penalties and prosecution for noncompliance with the tax laws, it proposes that every tax offense under the Code will be punishable by both imprisonment and fine.
S Apart from defaulters, the Tax Code proposes to punish
tax consultants who help in tax evasion. It gives sweeping powers and blanket protection to Income Tax officials for initiating court proceedings on matters relating to tax offences.
Thank you