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Salient Features of Direct Taxes in Budget 2013

Corporate Tax

  • No changes in basic tax rates and education cess However surcharge for domestic companies increased to 10% in case taxable income exceeds INR 100 million;  Foreign companies to pay a surcharge of 5% on similar level of income.
  • 10% surcharge instead of 5% on DDT and other distributions to investors Effective tax of 16.995% on Dividend distribution Companies proposing to declare dividends for FY 2012-13 may be advised to declare dividends before the rate increase;
  • Withholding tax on Royalty and Fees for Technical Services paid to non-residents sought to be steeply increased to 25% subject to DTAA benefits, if any;
  • 15% investment allowance for encouraging substantial investment in plant and machinery by manufacturing companies Investment of INR 1,000 million envisaged during Apr 1, 2013 to Mar 31, 2015;
  • Sunset date for power sector for availing tax holiday under section 80 IA advanced to March 31, 2014;
  • 15% taxation on dividend from specified foreign companies (in which recipient has shareholding of 26% or more) extended for one more year.  No DDT on distribution of such dividends received from foreign subsidiaries;
  • 20% distribution tax (effectively 22.66%) imposed on companies undertaking buy-back of shares; Tax to be levied on the buy-back consideration less the price received for issue of such shares.
  • Concessional rate of 5% withholding tax on foreign investors subscribing long-term infrastructure bonds issued by an Indian company in India (rupee denominated);  Interest on CCDs payable outside India would continue to attract withholding tax at normal rates.
  • Consideration for transfer of immovable property in the course of their business by Real Estate companies holding them as stock-in-trade to be not less than the stamp valuation  – else stamp valuation would be considered as the full value of consideration.
  • Deduction for additional wages under section 80JJA restricted in respect of new employees in factory;
  • Tax Residency Certificate is a necessary but not sufficient condition for claiming DTAA benefits.

Individual Tax

  • No change in tax rates and income slabs.
  • Marginal tax rebate/ credit of upto INR 2,000 extended to individuals having a total income in the range of INR 200,000 to INR 500,000.
  • Individuals earning taxable income in excess of INR 10 million to be levied a surcharge of 10%.
  • Interest deduction of upto INR 100,000 (cumulative in FY 2013-14 and 2014-15) on housing loan for individuals not holding any other house.  Loan sanctioned after April 1, 2013 to not exceed INR 2.5 million and value of house not to exceed INR 4 million.  Deduction for same amount cannot be claimed under house property income;
  • Individuals to comply with withholding tax obligations viz. obtaining TAN, filing WHT returns in case they purchase immovable property (other than agricultural land) of value more than INR 5 million;

Other Important developments

  • TDS @ 1% on transfer of immovable property (other than agricultural land) beyond a threshold of Rs 5 million.
  • GAAR to come into force from FY 2015-16 Provisions moderated;
  • Directors of private companies liable to pay tax interest and penalty in the event of non-recovery from the company if same is attributed to any gross neglect, etc. of the Director;
  • E-filing of Wealth Tax Returns to be mandated

Tag: Budget 2013-2014

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eMinds Legal is a Corporate Law Firm based in Gurgaon, India specializing in Corporate Legal, Corporate Secretarial and Compliance. The Firm comprises of a team of Corporate Lawyers and Company Secretaries with in-depth subject matter knowledge and participative industry experience of over 15 years.

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