Budget 2018: Key takeaways from Modi government’s last full budget

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FM, Arun Jaitley.

Budget 2018 has been presented by the Finance Minister Arun Jaitley and here are the key takeaways:

Personal tax

While the personal income tax structure remains the same-that is no new tax slab and no higher exemption limits-as a as a small concession, Jaitley has announced a standard deduction of Rs 40,000 for salaried taxpayers. This will be in lieu of the existing transport allowance and medical expense reimbursement. However, other medical reimbursements in case of hospitalisation will continue.

According to him, the existing allowances amount to Rs 30,000 so the actual tax benefit here on would be Rs 10,000 more for each taxpayer. This move is expected to benefit 2.5 crore people-25-30% of the total taxpayer base–and reduce paperwork along the way. The revenue cost of this concession is pegged at Rs 8,000 crore.

But if he is putting money in your wallets, his other hand is also taking cash away. The education cess levied on the tax you pay (also applicable on corporation tax) has gone up by 1%. The new 4% Health and Education Cess is expected to help the government collect an additional amount of Rs 11,000 crore.

Senior citizens

Apart from farmers and the gareeb nagrik, it is the older demographic that stands to gain the most from the latest Budget. To begin with, tax exemption of interest income from bank deposits has been raised to Rs 50,000 from the current Rs 10,000. He has also proposed to raise the deduction under health insurance premium under Section 80D of the Income Tax Act to Rs 50,000 (from Rs 30,000 currently). In case of senior citizens with critical illnesses the deduction will be Rs 1 lakh. Moreover, Fixed Deposit/Post office interest to be exempt till Rs 50,000. These concessions are expected to give senior citizens extra tax benefit of Rs 4,000 crore.

In addition to tax concessions, the government has proposed to extend the Pradhan Mantri Vaya Vandana Yojana up to March 2020 under which an assured return of 8% is given by Life Insurance Corporation of India (LIC). The existing limit on investment of Rs 7.5 lakh per senior citizen under this scheme is also being enhanced to Rs 15 lakh.

Corporate tax

Jaitley has announced that companies with a turnover of up to Rs 250 crore will now be taxed at 25% (from 30%). According to him, this move will benefit 99% of companies and the revenue foregone is pegged at Rs 7,000 crore in 2018-19. After this, out of about 7 lakh companies filing returns, only about 7,000 companies will remain in 30% tax slab.

The other bit of bad news is that the FM proposed to tax long term capital gains exceeding Rs 1 lakh on sale of equity shares/units of Equity oriented Fund at 10%, without allowing any indexation benefit. To justify his move, he pointed out that the total amount of exempted capital gains had surged to nearly Rs 360,000 crore, as per returns filed for assessment year 2017-18, and that the return on equity was attractive even without exemptions. A major part of this gain has reportedly accrued to corporates and LLPs. So while retail investors will also be hurt by this move, the impact will be most felt by corporates.

However, existing investors will be exempted from capital gains tax up to January 31, 2018. All gains made thereafter this cut-off date will be taxed. This move could earn the government Rs 20,000 crore in revenue in the first year. The revenues in subsequent years may be more.

Petrol/diesel prices

In a rejig of excise duty on petroleum products, the union government has cut basic excise duty on petrol and diesel by Rs 2. The Modi government has also abolished additional excise duty on fuel by Rs 6. Despite that petrol prices are likely to remain the same as a new road cess of Rs 8 per litre has been introduced.

Farmers

The Union Budget 2018 seems to have been the shot in arm it was predicted to be for the slowing agricultural sector of India. Staying true to government’s electoral promise of doubling farmers’ income by 2022, Jaitley kept the minimum support price (MSP) of kharif crops and all rabi crops at one and a half times the production cost of the crops. Currently, most of the rabi crops get that benefit.

In addition, an Agri-Market Infrastructure Fund of Rs 2000 crore will be set up for developing agricultural markets. Jaitley further allotted Rs 500 crore under Operation Greens-to be launched on the lines of ‘Operation Flood’-to address price volatility of perishable commodities and to promote Farmer Producers Organizations (FPOs), agri-logistics, processing facilities and more.

As per provisions of Budget 2018, government will encourage organic farming by FPOs and Village Producers Organizations (VPOs) in large clusters, preferably of 1000 hectares each. Women Self Help Groups will also be encouraged to take up organic agriculture in clusters under National Rural Livelihood Programme. Also, a sum of Rs 200 crore have been allocated to support organized cultivation of highly specialized medicinal and aromatic plants and aid small and cottage industries that manufacture perfumes, essential oils and other associated products.

Significantly, calling bamboo “green gold”, the finance minister announced the launch of a restructured National Bamboo Mission with an allocation of Rs 1,290 crore. The government will also set up two new funds for the fisheries sector and animal husbandry sector with a total corpus of Rs 10,000 crore.

Explaining that India’s agri-exports potential is as high as $100 billion against current exports of $30 billion, Jaitley wants export of agri-commodities to be liberalized. “I also propose to set up state-of-the-art testing facilities in all the forty two Mega Food Parks,” he added.

Lastly, the Budget not only proposed to raise institutional credit for agriculture to Rs 11 lakh crore for 2018-19 (up from Rs 10 lakh in the current fiscal) but also addressed the issue of air pollution due to burning crop residue. The Finance Ministry said that a special scheme will be implemented to support the efforts of the governments of Haryana, Punjab, Uttar Pradesh and the NCT of Delhi to address air pollution and to subsidize machinery required for disposal of crop residue.

The icing on the cake is the announcement of 100% tax deduction for first five years to companies registered as farmer producer companies with a turnover of Rs 100 crore and above.

Poor families

“From ease of doing business, our government has moved to ease of living for the poor and middle class,” Jaitley said in his speech. But he actually meant only poor families, who have been extended a plethora of schemes and allocations. Take the new National Health Protection Scheme under which annual health coverage of up to Rs 5 lakh per family will be offered for secondary and tertiary care hospitalization. This is expected to benefit over 10 crore vulnerable and under-privileged families. “This will be the world’s largest government funded health care programme,” Prime Minister Narendra Modi said in his address soon after the Budget speech.

The government will also establish 1.5 lakh Health and Wellness Centres under the Ayushman Bharat programme to provide comprehensive health care-including for non-communicable diseases and maternal and child health services-free essential drugs and diagnostic services. The Budget has earmarked Rs 1200 crore for this flagship programme.

In line with the government’s “Housing for All by 2022” promise, Jaitley announced that a dedicated Affordable Housing Fund will be set up, funded from priority sector lending shortfall and fully serviced bonds authorized by the government.

Also on the cards are free LPG connections to 8 crore poor women-up from the initial target of 5 crore beneficiaries-under the Ujjwala Scheme; two crore more toilets under Swachh Bharat mission, and a whopping Rs 16,000 crore allocation for the Saubhagya Yojana, under which four crore poor households are being provided with electricity connection free of charge.

Railways

Jaitley has proposed an ambitious plan for Indian Railways with a focus on modifications and safety rather than new train lines. He announced a capital expenditure allocation of Rs 1.48 lakh crore-the  highest ever-for capacity expansion, maintenance of tracks, transforming almost the entire network into broad gauge, redevelopment of railway stations, producing upend coaches, the bullet train project, safety policies and more.

The FM announced that Wi-Fi, CCTVs will be provided in every station and escalators will be provided in stations with more than 25,000 footfalls. In the coming year, there will be a focus on upgradation of signalling and use of fog safety devices. He added that 600 railway stations across the country have been picked for modernisation and 4,000 km of railway network is set to be commissioned for electrification.

According to him, the coming year will be dedicated to building world-class trains and a railway institute will be set up in Vadodara, where the workforce behind high speed railway projects would be trained. There will also be a special focus on the upliftment of suburban trains in Mumbai and Bengaluru.

Education

“In order to further enhance accessibility of quality medical education and health care, we will be setting up 24 new Government Medical Colleges and Hospitals by upgrading existing district hospitals in the country. This would ensure that there is at least one medical college for every three parliamentary constituencies and at least one government medical college in each state,” said Jaitley.

Significantly, by 2022, every block with more than 50% scheduled tribe population and at least 20,000 tribal people will have ‘Ekalavya’ school at par with Navodaya Vidyalas. Jaitley also announced a new scheme for revitalizing school infrastructure, with an allocation of Rs 1 lakh crore over four years. He added that an integrated BEd programme will be initiated for teachers, to improve the quality of teachers.

Custom duties

Custom duty on mobile phones increased from 15% to 20%. The duty applicable on some mobile phone parts and accessories has been hiked to 15% and that on certain parts of TVs to 15%. “To help the cashew processing industry, I propose to reduce customs duty on raw cashew from 5% to 2.5%,” added Jaitley.

Significantly, Budget 2018 has levied a “social welfare surcharge” at 3-10% on imports in place of the Education Cess and Secondary and Higher Education Cess currently in place.

Source: Business Today

Tax incentives for International Financial Services centre

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Non-corporate taxpayers operating in IFSC to be charged alternate minimum tax at concessional rate of 9% at par with minimum alternate tax applicable for Corporates.

In order to promote trade in stock exchanges located in International Financial Services Centre (IFSC), the Union Finance and Corporate Affairs Minister Arun Jaitley proposed to provide two more concessions for IFSC.

Presenting the General Budget 2018-19 in Parliament Jaitley proposed to exempt transfer of derivatives and certain securities by non-residents from capital gains tax. Further, the Finance Minister added that non-corporate taxpayers operating in IFSC shall be charged Alternate Minimum Tax (AMT) at concessional rate of 9% at par with Minimum Alternate Tax (MAT) applicable for corporates.

The Government had endeavored to develop a world class international financial services centre in India. In recent years, various measures including tax incentives have been provided in order to fulfil this objective.

Source: India Infoline

Fresh transfer pricing trouble for MNCs

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A new provision for secondary adjustment in transfer pricing, announced in the Union Budget for 2017-18, is likely to affect the cash flow of multinational corporations (MNCs) and the dividend distribution tax paid by their Indian subsidiaries. The provision has also sparked worry on Minimum Alternate Tax (MAT) and service tax payable by the subsidiaries, as well as retrospective implementation from 2013-14.   Experts claim the provision is in line with the norms of the Organisation for Economic Co-operation and Development (OECD) —but its wording is giving rise to apprehension.

Transfer pricing is the value at which companies trade products, services or assets between units across borders, a regular part of doing business for a multinational.

A primary adjustment is made, by tax administration, to company´s taxable profits on transactions with an associated enterprise in a secondary jurisdiction.

At present, there is only primary adjustment on transfer pricing of an MNC´s subsidiary.

This means if the subsidiary concerned agrees to the tax adjustment provided by an assessment officer, or on its own makes such an adjustment, it will pay taxes on that amount.

For instance, a company claims it has earned Rs.400 crore, and the transfer pricing officer claims it has earned Rs.600 crore, using the arm´s length principle.

If the company agrees to the assessment and pays tax on this, it is called primary adjustment.

Under the existing law, the additional Rs.200 crore would not need to be shown in the books of the company.

A secondary adjustment arises when simultaneous changes are made in the books of accounts of the company as well. This is what new provision aims at —the additional Rs.200 crore would also have to be shown in the books of the Indian subsidiary of MNC concerned.

“The parent company might not want to part with this Rs.200 crore, as the subsidiary in India might not be significant for its strategy,” said Eric Mehta, partner, transfer pricing, PwC India.

“An MNC might have a global presence, with India only a small part of its affairs.” Sending the money to India would also face hurdles because of lack of a contractual arrangement, said Amit Maheshwari, partner, Ashok Maheshwary and Associates.

He added it would have an adverse effect on the cash flow and business operations of MNCs.

If the Indian subsidiary concerned does not get the required amount, say Rs.200 crore, within a stipulated period, it would be considered a loan to the parent or associate, attracting interest.

(The time period has not been specified in the Budget documents.) “In case, the total amount is brought to the books of the Indian company, it will give rise to higher dividend, which in turn, will give rise to higher dividend distribution tax,” said Mehta.

Also, if the payment is towards services rendered by Indian subsidiaries, the higher receipt in books will give rise to higher service tax liability, added Mehta.

Maheshwari said higher receipt and hence profit in the books would also give rise to MAT as profit on the additional income, in this case  Rs.200 crore, was not shown earlier in the books earlier.

It should be noted that MAT is applicable to book profits.

All this will, however, only apply if the primary adjustment of the Indian entity exceeds Rs.1 crore the previous year —along with other conditions.

The provision has also given rise to fear of retrospective application, as the condition of primary adjustment exceeding Rs.1 crore is effective from April 1, 2016 or previous years.

Currently, the assessment of 2013-14 is underway for transfer pricing purposes, said Mehta, pointing to the possibility of secondary adjustments made from that year.

He agreed the purpose of the provision might not be to have retrospective effect, but the wording does not prevent it.

Here are the highlights of Union Budget 2017

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Finance Minister Arun Jaitley presented the Union Budget 2017, his fourth annual budget, today. Here are the highlights of this year’s budget:

►Income Tax rate cut to 5 pc for individuals having income between Rs 2.5 lakh to Rs 5 lakh

►10 pc surcharge on individual income above Rs 50 lakh and upto Rs 1 cr to make up for Rs 15,000 cr loss of due to cut in personal I-T rate

►15 pc surcharge on income above Rs 1 cr to continue

►Of 3.7 cr individuals who filed tax returns in 2015-16, 99 lakh showed income below exemption limit

►Direct tax collection not commensurate with income and expenditure pattern

►Revenue deficit reduced to 2.1 pc from 2.3 pc for 2016-17

►Govt pegs fiscal deficit target at 3.2 per cent for 2017-18 and 3 per cent for next year.

► Monetary policy to be expansionary in major economies

► More steps will be taken to benefit farmers and the weaker sections; budget being presented during weak global economy

►Pace of remonetisation has picked up; demonetisation effects will not spill over to next year

►Functional autonomy of the railways to be maintained

►Demonetisation will help in transfer of resources from tax evaders to government:

►Merger of Railways Budget with General Budget brings focus on a multi-modal approach for development of railways, highways and inland water transport

►Only transient impact on economy due to demonetisation; long term benefit include higher GDP growth and tax revenue

►GDP will be bigger, cleaner after demonetisation

►Effects of demonetisation not expected to spill over to the next year, says Finance Minister

►Govt took two tectonic policy initiatives – passage of GST Bill and demonetisation

►Demonetisation was a continuation of series of measures taken by govt in 2 yrs; it is bold and decisive measure

►We are seen as engine of global growth; IMF sees India to grow fastest in major economies

►36 pc increase in FDI flow; forex reserves at USD 361 billion in January enough to cover 12 months needs

►CAD declined from 1 pc last year to 0.3 pc in first half of current fiscal: FM

►India has emerged as bright spot in the world: FM

►Uncertainty around commodity prices especially oil to have impact on emerging economies: FM

►Double digit inflation has been controlled; sluggish growth replaced by high growth; war on blackmoney launched: FM

►We have moved from discretionary based administration to policy based administration: FM Jaitley

► Agricultural sector is expected to grow at 4.1 per cent this fiscal, says Jaitley

►Demonetisation was a bold and decisive strike in a series of measures to arrive at a new norm of bigger, cleaner and real GDP

►Committed to double farm income in 5 years

►Plan, non-plan classification of expenditure done away with in the Budget for 2017-18 to give a holistic picture

►Mini labs by qualified local entrepreneurs to be set up for soil testing in all 648 krishi vigyan kendras in the country

►Budget presentation advanced to help begin implementation of schemes before onset of monsoon

►We will continue the process of economic reform for the benfit of poor.

►Spend more in rural areas, infra, poverty alleviation, while maintaining fiscal prudence as guiding principle of Budget

►Our agenda for next year is to transform, energise and clean India

►World Bank expects GDP growth rate at 7.6 pc in FY18 and 7.8 pc in FY19

►Allocation under MNREGA increased to 48,000 crore from Rs 38,500 crore. This is highest ever allocation

►Rs 9,000 cr higher allocation for payment of sugarcane arrears

►Target of agriculture credit fixed at Rs 10 lakh cr in 2017-18

►Tax administration honouring the honest is one of the 10 pillars of Budget 2017-18

►National Testing agency to conduct all examinations in higher education, freeing CBSE and other agencies

►133-km road per day constructred under Pradhan Mantri Gram Sadak Yojana as against 73-km in 2011-14

►Govt to set up dairy processing fund of Rs 8,000 crore over three years with initial corpus of Rs 2,000 crore

►1 cr households to be brought out of poverty under Antodya Scheme

►Participation of women in MNREGA increased to 55 pc from 45 pc in past

►Modern law on contract farming will be drafted and circulated to states

►Dedicated micro-irrigation fund to be created with a corpus of Rs 5000 crore

►Market reforms will be undertaken, states will be asked to denotify perishables from Essential Commodities Act

►Space technology to be used for monitoring MNREGA implementation

►Sanitation coverage in villages has increased from 42 pc in Oct 2016 to 60 pc, a rise of 18 pc, says FM

►We propose to provide safe drinking water to 28,000 arsenic and fluoride affected habitations

►To construct one crore houses by 2019 for homeless. PM Awas Yojana allocation raised from Rs 15,000 cr to Rs 23,000 cr

►100 pc electrification of villages to be completed by May 2018

►27,000 cr on to be spend on PMGSY; 1 cr houses to be completed by 2017-18 for houseless

►PM Kaushal Kendras will be extended to 600 districts; 100 international skill centres to be opened to help people get jobs abroad

►The allocation for rural agri and allied sector in 2017-18 is record Rs 1,81,223 crore

►In higher education, we will undertake reforms in UGC, give autonomy to colleges and institutions

►A system of annual learning outcome in schools to be introduced; innovation fund for secondary education to be set up

►Two new AIIMS to be set up Jharkhand and Gujarat

►New rules regarding medical devices will be devised to reduce their cost

► 1.5 lakh health sub centres to be converted to Health Wellness Centres

►National Housing Bank will refinance indiviual loans worth Rs 20,000 crore in 2017-18

►Rs 500 cr allocated to set up Mahila Shakti Kendras; Allocation raised from Rs 1.56 lakh cr to Rs 1.84 lakh cr for women & child welfare.

►Capital and development expenditure pegged at Rs 1.31 lakh cr for railways in 2017-18 from Budget

►Allocation for SCs increased from Rs 38,833 cr to Rs 52,393 cr, a rise of 35 per cent

►35 pc increase in allocation for SC to Rs 52,393 cr

►For senior citizens, Aadhaar based health cards will be issued

►Model Shops and Establishment Bill to open up additional opportunities for employment of women

► Select airports in tier-II cities to be taken up for operations, development on PPP mode

►New metro rail policy to be unveiled

►Railway tariffs to be fixed on the basis of cost, social obligation and competition

►Service charge on e-tickets booked through IRCTC will be withdrawn

►Delhi and Jaipur to have solid waste management plants and five more to be set up later

►Government proposes Coach Mitra facility to redress grievances related to rail coaches

►500 stations will be differently abled by providing lifts and escalators

►Unmanned railway level crossings to be eliminated by 2020

►Railway line of 3,500 km will be commissioned in 2017-18 as against 2,800 km in 2016-17

►Total allocation for rural, agri and allied sectors for 2017-18 is a record Rs 1,87,223 cr, up 24 per cent from last year

►Rs 1 lakh cr corpus for railway safety fund over five years

►A scheme for senior citizens to ensure 8 per cent guaranteed returns

►Dedicated micro-irrigation fund to be set up by NABARD to achieve mission of Per Drop, More Crop

►Digi Gaon will be launched to promote tele-medicine and education

►Crude oil strategic reserves to be set up in Odisha and Rajasthan apart from 3 already constructed

►Coverage of Fasal Bima Yojana to go up from 30 pc of cropped area to 40 pc in 2017-18 and 50 per cent next year

►For transport sector, including railways, road and shipping, government provides Rs 2.41 lakh crore

►Allocation of Rs 10,000 cr for Bharat Net project for providing high-speed broadband in FY18

►Allocation for national highways stepped up to Rs 64,000 cr from Rs 57,676 cr

►Budget allocation for highways stepped up to Rs 64,000 crore in FY18 from Rs 57,676 crore

►Dispute resolution in infrastructure projects in PPP mode will be institutionalised

►Rs 2,74,114 crore allocated for defence expenditure, excluding pension; This includes Rs 86,000 crore for defence capital

►Govt to further liberalise FDI policy

►Over 90 per cent of FDI proposls are now through automatic route

►FIPB will be abolished

►Trade Infrastructure Export Scheme to be launched in 2017-18; total allocation for infra at record Rs 3.96 lakh cr

►Second phase of solar power development to be taken up with an aim of generating 20,000 MW

►After demonetisation on Nov 8 last year, deposit of between Rs 2 lakh and Rs 80 lakh made in 1.09 cr bank accounts at an average of Rs 5.03 lakh till Dec 30

►More funds beyond Rs 10,000 cr for recapitalisation of banks will be provided if needed

►The shares of railway CPSCs like IRCTC and IRFC to be listed on various stock exchanges

►We are largely a tax non-compliant society

►New ETF with diverse stocks will be launched in 2017-18

►Of 76 lakh individuals who reported income of over Rs 5 lakh, 56 lakh are salaried

►Integrated public sector oil major to be created to match global giants

►Govt will amend the Multi-state Cooperative Act to protect the poor and gullible investors

►Urgent need to protect poor from chit fund schemes, draft bill placed in public domain

►Computer emergency response team to be set for cyber security of financial sector

► Govt to introduce two new schemes to promote BHIM App – referal bonus for users and cash back for traders

►Govt doubles distribution target under Mudra Yojana to Rs 2.44 lakh crore for 2017-18

►Over Rs 80 lakh deposits in 1.48 lakh cr at an average of Rs 3.31 cr per account

►Customs duty on LNG halved to 2.5 pc

►FPI to be exempt from indirect transfer provisions

►Political parties can receive donations in cheque, electronic mode; electoral bonds to be issued by RBI

►Maximum amount of cash donation a political party can receive will be Rs 2000 from any one source as part of effort to clean political funding

►Capital expenditure stepped up by 25.4 pc in FY18 over previous year

►Total expenditure in FY18 at Rs 21.47 lakh cr

►Duty exempted on various POS machines and iris readers to encourage digital payments

►Rs 7,200 cr revenue loss due to reduction in tax on smaller companies

►Govt mulling introduction of legal changes to confiscate assets of offenders, including economic offenders, who flee the country

►Govt to set up a web-based interactive platform for defence pensioners

►Head post offices to issue passports

►Govt considering option to amend Negotiable Instruments Act to ensure that holders of dishonoured cheques get payment

►FRBM review committee has recommended 60 pc debt to GDP ratio; 0.5 pc of GDP deviation from stipulated fiscal deficit targets

►Payment regulatory board to be set up in RBI to regulate electronic payments, replacing Board for Regulation and Supervision in Payments and Settlements System

►3 yr period for long-term capital gains tax on immovable property reduced to 2 years; base year indexation shifted from 1.4.1981 to 1.4.2001

►A proposal to receive all government receipts beyond a certain threshold through e-modes under consideration

►GST implementation to bring more taxes to Centre and states

►No transaction above Rs 3 lakh in cash will be allowed as suggested by SIT

►Customs duty on LNG to be reduced from 5 pc to 2.5 pc

►To make MSME companies more viable, govt proposes to reduce IT tax with annual turn over of Rs 50 core up to 25 per cent

►I-T for smaller cos with turnover of upto Rs 50 cr up to 25 per cent

►Not possible to remove MAT levied on advance tax for now; carry forward allowed for 15 yrs instead of 10 yrs

►Relaxation in norms for Start Ups for getting tax exemption

►Capital gains tax exempted for the land pooled to build new capital of Andhra Pradesh effective from 2.6.2014

►Increase in personal tax collections is 34.8 per cent in last three quarters. Demonetisation has played a role

►17 pc growth in direct tax revenue for the second year in a row in 2016-17

►As against 4.2 crore people working in organised sector, only 1.74 crore individuals filed income tax returns

►Solar tempered glass used for manufacture of solar cells/panels exempted from customs duty

►Import duty on aluminium ores and concentrates raised to 30 pc from nil presently

►Actual revenue loss on tax proposals Rs 22,700 cr; gain from additional resource mobilisation is Rs 2,700 cr

►Net revenue loss from direct tax proposals to be about Rs 20,000 cr

►Excise duty on pan masala containing tobacco (Gutkha) raised to 12 pc from 10 pc

►Excise duty on non-filter cigarettes of length not exceeding 65 mm raised to Rs 311 per thousand from Rs 215 per thousand

 

Source:http://economictimes.indiatimes.com/articleshow/56907865.cms

CBDT notifies foreign tax credit rules, corporates to gain

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To provide relief to corporates with income abroad, the tax department has notified ‘Foreign Tax Credit’ rules allowing companies to claim credit for taxes, surcharge and cess paid overseas. The rules, which come into effect from April 1, 2017, allow taxpayers to claim credit of foreign tax under dispute once it is finally settled.

Foreign tax credit (FTC) will be available against tax, surcharge and cess payable under the Act, including minimum alternate tax (MAT) but not in respect of interest, fee or penalty.

The rules also provide that disputed foreign tax will be allowed as credit for the year in which the income is taxed in India, subject to certain conditions.To avail of the credit, the taxpayer will have to furnish evidence of settlement of the dispute and evidence of payment of the foreign tax. The taxpayer is also required to provide an undertaking that no refund, directly or indirectly, will be claimed for this foreign tax.

“The rules are progressive and provide much-needed clarity as well as certainty in claiming FTC,” said Rakesh Nangia, Managing Partner, Nangia & Co.

Taxpayers claiming FTC shall now be required to file a Statement of Income from a foreign country with details of tax paid in the prescribed Form 67.

“Rules also provide for situations of carry backward of loss of the current year resulting in refund of foreign tax,” said Amit Maheshwari, partner, Ashok Maheshwary & Associates LLP.

The Central Board of Direct Taxes (CBDT) has also allowed tax payers to give self-certified statement, giving the nature of income and the amount of foreign tax deducted or paid accompanied with the counterfoil or acknowledgment of taxes paid and/or proof of taxes having been deducted at source, for claiming FTC.

“This process is much simpler than the complex and difficult procedure involving obtaining a certificate from a foreign tax authority,” Nangia said.

The tax credit, the rule said, “shall be the aggregate of the amounts of credit computed separately for each source of income arising from a particular country or specified territory outside India”.

Source:  http://economictimes.indiatimes.com/articleshow/52986969.cms

Companies need not make adjustments in net profit for MAT under IndAS

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Giving some clarity to companies switching to the new accounting standards, an expert Committee of Finance Ministry has said that there may not be any rise in tax burden for them.

The committee, led by retired Indian Revenue Service Officer MP Lohia, has concluded that corporates will not have to make any adjustments to net profits while computing book profits to pay minimum alternate tax (MAT).

“…considering the implicit relation between distributable profits which is available for payment of dividend distribution tax, no further adjustments are required to be made to the net profits (Excluding net other comprehensive income) of India AS compliant companies, other than those already specified…,” the Committee report said.

The government had set up the expert panel in June last year to resolve the differences arising in the computation of MAT when companies with a turnover of over Rs. 500 crore adopt the Indian Accounting Standards (IndAS) from 2016-17.

A number of firms had expressed concerns over their tax liabilities rising significantly due to the new system of accounting.

Public comments sought

The Finance Ministry has now sought public comments on the report by May 10, before it finalises the guidelines.

“The Committee submitted its report on 18 March, 2016 after having consultation with the Ministry of Corporate Affairs (MCA),” it said in a statement on Thursday.

“The net profits under Ind AS may include a sizeable amount of notional or unrealised gains or losses. If the MCA prescribes any further adjustments to the current year profits for computation of distributable profits, the requirement for any additional adjustments to the book profit under section 115JB may be examined,” said the Committee in its report.

It also recommended that items that are a part of the net other comprehensive income should be included in book profits for MAT purposes at an appropriate point of time. These include changes in revaluation surplus, re-measurements of defined benefit plans, gains and losses from investments in equity instruments designated at fair value.

It further said those adjustments recorded in reserves and which would subsequently be reclassified to the profit and loss account, should be included in book profits in the year in which these are classified to the profit and loss account.

Positive response

Experts welcomed the report and said it is in harmony with the current structure.

“Industry can now start preparing themselves for the accounting standards. It has indicated that the same treatment would be carried forward,” said Vikas Gupta, Partner, Nangia & Co.

Sunil Shah, Partner, Deloitte, concurred, saying: “The usual adjustments will continue to be made.

But, there could be an impact in cases where unrealised gains and losses on fair value accounting are recorded in the profit and loss account, which is permissible under IndAS.”

 

Source: http://www.thehindubusinessline.com/todays-paper/tp-news/companies-need-not-make-adjustments-in-net-profit-for-mat-under-indas/article8534184.ece

Corporate tax exemptions phase-out may end MAT

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The Minimum Alternate Tax (MAT) could be phased out after some years, if and when all corporate tax exemptions and deductions are phased out.

This could take at least seven or eight years. If it happens, experts agree, it would reduce tax litigation.

A finance ministry official said MAT might become redundant in seven years or more and could be removed. “For now, it will remain in the Income Tax Act, even if it does not affect people. If there are no substantial deductions that reduce the income to below 18.5 per cent, MAT will not be applicable. In seven to 10 years, as MAT becomes redundant, it will be removed,” he said.

MAT THROUGH THE YEARS
  • 1987-88: Rajiv Gandhi introduces Section 115J in I-T Act to tax zero tax companies at at least 15% of book profits
  • 1990-91: Madhu Dhandvate Abolishes it
  • 1996-97: P Chidambaram re-introduces section 115 JA. MAT rate at 12.5% of total book profit.
  • 2000-01: Yashwant Sinha amends and makes  it 115 JB. Rate at 7.5%. Continues even today. Simplifies rules
  • 2006-07: 7.5%, but long capital gains taken into account to compute book profit
  • 2009-10: 10%
  • 2010-11: 15%
  • 2011-12: 18%
  • 2012-13: 18.5%
  • 2013-14: 18.5%
  • 2014-15: 18.5%
  • 2015-16: 18.5%


The government is also looking at setting a sunset date for most open-ended tax concession schemes, alongside a five percentage point reduction in the corporate tax rate in four years. The rate is 30 per cent, but is close to 23 per cent, on account of a large number of exemptions and deductions. The revenue forgone in 2012-13 on account of deductions in this regard was Rs 68,000 crore.

In the next financial year, the corporate tax rate might be around 29 per cent, after a cut, part of a plan to align Indian taxation levels to global standards. “As the government progressively reduces the rate to 25 per cent and phases out exemptions and deductions, the need for MAT goes away. It will simplify a lot of things,” said Sudhir Kapadia, national tax leader, EY.

The finance ministry will issue a discussion paper on phasing out the exemptions and deductions. It is likely to announce the road map in the Budget.

MAT is levied at 18.5 per cent and was meant for large companies that showed book profits but took advantage of legal provisions to avoid paying corporate tax, via dividend payments and other legal deductions to stated income. As of now, 38 corporate tax deductions apply to industry, including benefits for units set up in Special Economic Zones (SEZs), the northeast states, hilly states and so on. Besides, tax incentives are offered for expenditure on scientific research, funding charitable trusts and institutions and the like. Deductions are also offered to sectors such as power, telecommunications, and infrastructure.

“As the corporate tax rate is reduced to 25 per cent, MAT will also not make sense, as the two rates anyway come close,” said  Rajesh H Gandhi, partner, Deloitte Haskin and Sells.

Rahul Garg, leader, direct taxes, PwC, said the government should look at replacing corporate tax with MAT. The effective corporate tax was 23.4 per cent, he explained, while that of MAT was close to 22 per cent. “If the government simply increases the MAT rate by one percentage point, collections will go up. With this, the government could get rid of all disputes,” he said.

SEZs lost sheen after then finance minister Pranab Mukherjee in 2011-12 imposed MAT on the book profits of these developers and units inside one.

That and a dividend distribution tax of 10 per cent made these  enclaves unattractive. Only 192 of the 388 notified SEZs are operational, meaning at least one functional export unit. There are 588 approved SEZs.

Exports from SEZs fell 7.6 per cent in 2014-15. The department of commerce has been pressing the finance ministry for the withdrawal of MAT but the latter has not obliged. The Budget for 2015-16 has  exempted foreign portfolio investment from MAT and the government has also accepted the A P Shah panel recommendation to do away with past cases of MAT on foreign institutional investors. A change to the law is on its way, while tax officials have been instructed not to pursue notices, issued against foreign instituional investors. However, applicability of MAT on foreign companies without permanent establishment remains. A case relating to this involving Castleton Investments is pending in the Supreme Court.