module 1 Overview of Income tax law
module 1 Overview of Income tax law
module 1 Overview of Income tax law
4. Rebate under Section 87A : Individuals with income up to ₹5 lakh are eligible for a
rebate of up to ₹12,500, effectively making their tax liability nil.
5. Surcharge and Cess : Surcharge is applicable on income exceeding ₹50 lakh:
oIncome between ₹50 lakh and ₹1 crore: 10%
oIncome between ₹1 crore and ₹2 crore: 15%
oIncome between ₹2 crore and ₹5 crore: 25%
oIncome above ₹5 crore: 37%
Health and Education Cess: 4% of the total tax liability (including surcharge).
6. Exemptions Under the old tax regime, individuals can claim exemptions, including:
House Rent Allowance (HRA): For salaried individuals living in rented accommodation.
Leave Travel Allowance (LTA): For travel expenses within India.
Standard Deduction: ₹50,000 from salary income.
The new tax regime does not allow these exemptions or deductions, but offers lower tax
rates.
7. Advance Tax Payment :If an individual’s total tax liability exceeds ₹10,000, they must
pay advance tax in quarterly instalments:
o 15% by June 15
o 45% by September 15
o 75% by December 15
o 100% by March 15
8. Filing of Income Tax Return (ITR) :Individuals must file their Income Tax Return (ITR)
by July 31 of the assessment year. Senior citizens not having business income are exempt
from paying advance tax.
Company
Company: The computation for companies follows a different structure. Companies pay a
flat rate of tax on their profits. The rates may vary for domestic and foreign companies.
Companies are also subject to Minimum Alternate Tax (MAT) if their tax liability is lower
than a certain percentage of their book profits.
1. Determine Total Income
A company’s taxable income is calculated by aggregating income under different
heads, such as:
Income from Business or Profession: The core source of income for most
companies, representing profits from business activities.
Capital Gains: Income from the sale of capital assets.
Income from House Property: If the company earns rental income.
Income from Other Sources: This includes dividends, interest income, etc.
2. Deductions and Allowable Expenses
After calculating the total income, companies can deduct certain expenses from their
income, such as:
Depreciation: As per Section 32, depreciation on tangible and intangible assets is
allowed.
Employee Salaries and Wages: Remuneration paid to employees and directors.
Business Expenditures: Costs incurred for business operations, including rent,
utilities, marketing, and travel.
Research and Development (R&D): Deductions for expenditures on scientific
research (Section 35).
Interest on Loans: Interest payments on business-related loans are also allowed as
deductions.
3. Income Tax Rates for Companies
Domestic Companies:
o 25% tax rate for domestic companies with turnover up to ₹400 crore in the
previous financial year.
o 30% tax rate for domestic companies with turnover exceeding ₹400 crore.
Foreign Companies:
o Flat tax rate of 40% on taxable income derived from India.
4. Minimum Alternate Tax (MAT)
Companies are subject to MAT under Section 115JB if their tax liability is lower than
15% of their book profits (adjusted profits as per the company’s financial
statements).
MAT is imposed at 15% (plus surcharge and cess) on book profits.
MAT credit can be carried forward for 15 years and set off against regular tax liability
in future years.
5. Surcharge and Cess :Surcharge is applicable based on the company’s income:
o If income exceeds ₹1 crore but is up to ₹10 crore: 7% for domestic
companies, 2% for foreign companies.
o If income exceeds ₹10 crore: 12% for domestic companies, 5% for foreign
companies.
Health and Education Cess: This is levied at 4% on the total of income tax and
surcharge.
6. Deductions under Chapter VI-A
Section 80G: Donations made to eligible charitable institutions.
Section 80IA/IB: Deductions for companies engaged in infrastructure or power
projects.
Section 80JJAA: Deduction for employment of new employees.
These deductions, if applicable, reduce the total taxable income of the company.
7. Computation of Total Tax Liability
Calculate taxable income after deductions and apply the appropriate tax rate (25%,
30%, or 40% depending on the type of company).
Add applicable surcharge and cess to arrive at the total tax liability.
8. Advance Tax Payment
Companies must pay advance tax in quarterly installments if their tax liability
exceeds ₹10,000 in a financial year.
o 15% by June 15
o 45% by September 15
o 75% by December 15
o 100% by March 15
9. Filing of Income Tax Return (ITR)
Companies must file their Income Tax Return (ITR) in Form ITR-6 by October 31
of the assessment year if they are subject to audit under Section 44AB. Non-audited
companies must file by July 31.
10. Corporate Tax Cuts and Special Provisions
Companies opting for special tax regimes under Section 115BAA (for domestic
companies) and Section 115BAB (for new manufacturing companies) can enjoy a
reduced tax rate of 22% and 15% respectively, provided they forgo certain
deductions and exemptions.
Firm
The computation of tax for a firm (such as a partnership firm) in India involves several steps.
Here's an overview of the tax computation process for a firm, including partnership firms as
per the Income Tax Act, 1961:
1. Determine Total Income :A firm's total income is calculated by aggregating income under
various heads, including:
Income from Business or Profession: This includes profits and gains from business
activities.
Income from House Property: If the firm owns rental property, income from such
property is taxable.
Income from Capital Gains: Gains from the sale of capital assets are taxable under
this head.
Income from Other Sources: This includes income not specifically categorized
under other heads, such as interest income, dividends, etc.
2. Allowable Deductions: Certain expenses are allowed as deductions to reduce taxable
income. Some common deductions for firms include:
Rent, salaries, and wages: If these are related to the business.
Interest on borrowings: Interest paid on loans taken for business purposes.
Depreciation: Depreciation on assets used in the business, calculated under Section
32 of the Income Tax Act.
Bad Debts: Actual bad debts written off are allowed as deductions.
3. Disallowed Expenses: Some expenses debited in the profit and loss account may not be
allowed for tax purposes, such as:
Provisions for bad and doubtful debts.
Expenses incurred for non-business purposes.
Capital expenditures: Expenditure that results in the acquisition of a capital asset
cannot be claimed as a deduction.
Personal expenses: Any personal expenses of partners debited to the firm's account.
4. Tax Rates for Partnership Firms: Partnership firms are taxed at a flat rate of 30% on
the total taxable income, plus:
Surcharge: A surcharge of 12% is applicable if the firm's total income exceeds ₹1
crore.
Health and Education Cess: This is charged at 4% of the total income tax plus
surcharge (if applicable).
5. Computation of Alternate Minimum Tax (AMT)
Firms are subject to Alternate Minimum Tax (AMT) under Section 115JC if their adjusted
total income exceeds ₹20 lakh. The AMT rate is 18.5% (plus surcharge and cess). This
ensures that firms claiming certain deductions under Chapter VI-A or Section 10AA pay a
minimum tax.
6. Deductions Under Chapter VI-A : Some common deductions that a firm can claim under
Chapter VI-A include:
Section 80C to 80U deductions: These typically relate to contributions to pension
schemes, health insurance, etc.
However, many deductions under Chapter VI-A are generally not available for firms,
as they apply primarily to individuals or HUFs.
7. Computation of Tax Liability
The tax liability of the firm is computed by applying the applicable tax rate (30%) on the
taxable income. Surcharge, if applicable, and health & education cess are added to this
amount to determine the final tax payable.
8. Partner's Remuneration and Interest
As per Section 40(b) of the Income Tax Act, a firm can pay remuneration to partners and
interest on capital, but there are limits:
Interest on partner's capital is allowed up to 12% per annum.
Remuneration to partners is allowed subject to specified limits based on the book
profits of the firm:
o On the first ₹3 lakh of book profit: The maximum allowable remuneration is
90% of the book profit or ₹1.5 lakh, whichever is higher.
o On the balance of book profit: 60% of the book profit.
9. Payment of Advance Tax: Firms are required to pay advance tax if their tax liability
exceeds ₹10,000 in a financial year. The advance tax is paid in four installments:
15% by June 15
45% by September 15
75% by December 15
100% by March 15
Expenses Debited in Profit and Loss Statement but Disallowed Under Income
Tax Act:
Expenses like provisions, fines, or penalties may be debited to the profit and loss
statement, reducing accounting income, but these are disallowed as per the Income
Tax Act, increasing taxable income.
Provision for Bad/Doubtful Debts:
Such provisions are often allowed while computing accounting income as per
company policies, but they may be disallowed when computing taxable income under
the Income Tax Act.
Depreciation Charged at Different Rates:
Depreciation rates prescribed under the Companies Act, 2013 may differ from those
under the Income Tax Act, 1961. This leads to temporary differences in the carrying
amount of assets, affecting both accounting and taxable income.
Income Recognized on an Accrual Basis in Accounting but on Receipt Basis for
Taxation:
Certain income is recognized on an accrual basis in the profit and loss statement, but
under tax laws, it is taxable only when actually received, causing a temporary
difference.
Ind AS 12
AS 9 - Revenue Recognition:
Objective: Ensures that revenue is recognized when it is earned, rather than when
the payment is received. This affects not only financial reporting but also the timing
of tax liabilities, as revenue recognition determines when income should be
accounted for in a company's profit and loss statement.