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Direct Tax Code Bill-1

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Direct Tax Code Bill

To Replace
Income Tax Act 1961
Income Tax Act 1961
• The major tax enactment in India.

• Imposes a tax on income of individuals and corporations.

• This Act imposes a tax on income under the following five


heads:

Income from house and property


Income from business and profession
Income from salaries
Income in the form of Capital gains
Income from other sources
To be replaced by……
Direct Tax Code
• Released for public debate in August 2009

• To replace the nearly 50-year-old income tax law

• Applicable since April 2012.

• Objectives:
To make the law simple and tax-payer friendly
Bringing in major policy changes

• Income Tax, TDS, DDT, FBT are abolished and to be replaced by


DTC.
CORPORATE TAX PAYERS
Corporate Tax Rate
Existing Tax Provision

• Domestic Companies taxable @ 33.22% where


the income exceeds Rs 1 Cr.

• Foreign companies taxable @ 42.23% where


the income exceeds Rs 1 Cr.
Provisions of DTC Bill

• DTC proposes to levy tax on companies @ 30%

• Same tax rates for Domestic as well as Foreign


Companies.

• No additional surcharge and cess


Impact on Industry
• Marginal relief for domestic companies

• Welcome proposition for foreign companies

• Additional “Branch Profit Tax” @ 15% for Indian


branches of foreign companies
Minimum Alternate Tax
Existing Tax Provision
• Payable @ 18% where income exceeds Rs 1 Cr.

• Credit for tax paid under MAT is 10 years


Provisions of DTC Bill
• MAT Rate to be 20% where income exceeds Rs
1 Cr.

• Credit for tax paid under MAT is available for


15 years
Impact on Industry
• Adverse effect on companies with less assets.
Especially IT industry

• Credit could be carried forward to 15 years.


Wealth Tax
Existing Tax Provision

• Currently there is no Wealth Tax existing in


India.
Provisions of DTC Bill
• The tax rate is 1% on net wealth over and
above Rs1 Cr.
Impact on Industry

• All the companies with high net value of assets


are going to be adversely affected.
Royalty and Fees for Technical Services
Existing Tax Provision

• Currently Royalty and FTS are taxable @ 10%

• This is calculated on gross income for foreign


companies
Provisions of DTC Bill

• The Royalty and FTS rate is proposed to be


raised to 20%
Impact on Industry
• Doubled the tax on Royalty and FTS

• May have adverse effects on the import of


technology to India.

• Effects on foreign collaborations


Branch Profits Tax
Existing Tax Provision

• At present there is no tax on remittance by


branches to foreign head offices.
Provisions of DTC Bill
• BPT @ 15% is payable by a Private Equity of a
foreign company.
Impact on Industry
• Increase in the overall tax liability of a foreign
company

• Effect on Foreign investors to India.


HOUSEHOLD TAX PAYERS
Existing Tax Slabs
Income Range Tax Rate
Less than Rs 1,60,000 Nil
Rs 1,60,001 – Rs 3,00,000 10%
Rs 3,00,001 – Rs 5,00,000 10%
Rs 5,00,001 – Rs 8,00,000 20%
Above Rs 8,00,000 30%
DTC Tax Slabs
Income Range Tax Rate
Less than Rs 1,60,000 Nil
Rs 1,60,001 – Rs10,00,000 10%
Rs10,00,001 – Rs 25,00,000 20%
Above Rs 25,00,000 30%
• ELSS, Term deposits, NSC and House loan
principal repayment will looseTax benefits.

• No tax deductionallowed on interest payable to


banking firms and insurers policies.

• Deductions for Rent and Maintenance would be


reduced from 30% to 20% of the Gross rent.
Impact
• More Savings because of increased Tax Slabs.

• Adverse effects on Insurance Companies


THANK YOU

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