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Tuesday, December 28, 2010

DIRECT TAX CODE

As we all know that the DTC (Direct Tax Code) will be replacing the existing Income Tax Act, 1961 from April 1, 2012. It will be beneficial for all of us to know the basic and concrete changes that have been made in the Direct Tax Code.





Salient features and highlights of the DTC (Direct Tax Code) :


1. DTC removes most of the categories of exempted income. Unit Linked Insurance Plans (ULIP's), Equity MUTUAL 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.

2. Tax saving based investment limit remains 100,000 but another 50,000 has been added just for pure Life insurance (Sum insured is atleast 20 times the premium paid) , health insurance, mediclaims policies and tuition fees of children. But the one lakh investment can now only be done in provident fund, superannuation fund, gratuity fund and new pension fund.

3. The tax rates and slabs have been modified. The proposed rates and slabs are as follows:
Annual Income
Tax Slab
Up-to INR  200,000 (for senior citizens 250,000)
Nil
Between INR 200,000 to 500,000
10%
Between INR 500,000 to 1,000,000
20%
Above INR 1,000,000
30%
Men and women are treated same now *

4. Exemption will remain same as 1.5 lakhs per year for interest on housing loan for self-occupied property.

5. Only half of Short-term capital gains will be taxed. e.g. if you gains 50,000, add 25,000 to your taxable income.
Long term capital gains (From equities and equity mutual funds, on which STT has been paid) are still exempted from income tax.

6. As per changes on 15th June, 2010, Tax exemption at all three stages (EEE) —savings, accretions and withdrawals—to 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. Earlier DTC wanted to tax withdrawals.

7. Surcharge and education cess are abolished.

8.  For incomes arising of House Property: Deductions for Rent and Maintenance would be reduced from 30% to 20% of the Gross Rent. Also all interest paid on house loan for a rented house is deductible from rent.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.

9. Tax exemption on LTA (leave Travel allowance) is abolished.

10. Tax exemption on Education loan to continue.

11. Corporate tax reduced from 34% to 30% including education cess and surcharge.

12. Taxation of Capital gains from property sale : For sale within one year, gain is to be added to taxable salary.

13. 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.
Base date for cost of acquisition has been changed to 1st April, 2000 instead of earlier 1st April, 1981.

14. Medical reimbursement : Max limit for medical reimbursements has been increased to 50,000 per year from current 15,000 limit.

15. Tax on dividends: Dividends will attract 5% tax.

16. Bad news for NRIs : As per the current laws, a NRI is liable to pay tax on 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.
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.

For all other updates on Direct Tax Code keep following this blog or else visit. www.anthwallaw.webs.com

Monday, December 27, 2010

Deductions

Deductions under Chapter VIA

Deductions under 80CCC:
Deduction: The premium must be deposited to keep in force a contract for an annuity plan of the LIC or any other insurer for receiving pension from the fund.
The Finance Act 2006 has enhanced the ceiling of deduction under Section 80CCC from Rs.10,000 to Rs.1,00,000 with effect from 1.4.2007.
Remark: The premium must be deposited to keep in force a contract for an annuity plan of the LIC or any other insurer for receiving pension from the fund.The Finance Act 2006 has enhanced the ceiling of deduction
under Section 80CCC from Rs.10,000 to Rs.1,00,000 with effect from 1.4.2007.

Deductions under 80CCD:
Deduction: Deposit in pension a/c.
Remark: Deposit made by an employee in his pension account to the extent of 10% of his salary. Where the Central Government makes any contribution to the pension account, deduction of such contribution to the extent of 10% of salary shall be allowed. Further, in any year where any amount is received from the pension account such amount shall be charged to tax as income of that previous year.

Deductions under 80D:
Deduction: Payment of medical insurance premium.
Remark: The premium is to be paid by any mode of payment other than cash and the insurance scheme should be framed by the General Insurance Corporation of India & approved by the Central Govt. or Scheme framed by any other insurer and approved by the Insurance Regulatory & Development Authority. The premium should be paid in respect of health insurance of the assessee or his family members. The Finance Act 2008 has also provided deduction upto Rs. 15,000/- in respect of health insurance premium paid by the assessee towards his parent/parents.

Deductions under 80DD:
Deduction: Deduction of Rs.40,000/- in respect of (a) expenditure incurred on medical treatment,
(including nursing), training and rehabilitation of handicapped dependant relative. (b) Payment or deposit to specified scheme for maintenance of dependant handicapped relative. W.e.f. 01.04.2004 the deduction under this section has been enhanced to Rs.50,000/ -. Further, if the dependant is a person with severe disability a deduction of Rs.75,000/ - shall be available under this section.
Remark: The handicapped dependant should be a dependant relative suffering from a permanent disability (including blindness) or mentally retarded, as certified by a specified physician or psychiatrist.
Note: A person with severe disability means a person with 80% or more of one or more disabilities as outlined in section 56(4) of the “Persons with Disabilities (Equal opportunities , Protection of Rights and Full Participation)Act.

Deductions under 80DDB:
Deduction: Deduction available to the extent of Rs.40,000 or the amount actually paid, whichever is less, in respect of medical expenditure incurred. In case of senior citizens, a deduction upto Rs.60,000/- shall be available.
Remark: Expenditure must be actually incurred by resident assessee on himself or dependent relative for medical treatment of specified disease or ailment. The diseases have been specified in Rule 11DD. A certificate in form 10 I is to be furnished by the assessee from a specialist working in a Government hospital.

Deductions under 80E:
Deduction: Deduction in respect of payment in the previous year of interest on loan taken from a financial institution or approved charitable institution for higher studies.
Remark: This provision has been introduced to provide relief to students taking loans for higher studies. The payment of the interest thereon will be allowed as deduction over a period of upto 8 years. Further, by Finance Act, 2007 deduction under this section shall be available not only in respect of loan for pursuing higher education by self but also by spouse or children of the assessee.

Deductions under 80G:
Deduction: Donation to certain funds, charitable institutions etc.
Remark: The various donations specified in Sec. 80G are eligible for deduction upto either 100% or 50% with or without restriction as provided in Sec. 80G.

Deductions under 80GG:
Deduction: Deduction available is the least of
(i) Rent paid less 10% of total income
(ii) Rs.2000 per month
(iii) 25% of total income.
Remark: (1) Assessee or his spouse or minor child should not own resedential accommodation at the place of employment.
(2) He should not be in receipt of house rent allowance.
(3) He should not have a self occupied residential premises in any other place.

Deductions under 80U:
Deduction: Deduction of Rs.50,000/- to an individual who suffers from a physical disability (including blindness) or mental retardation.Further, if the individual is a person with severe disability, deduction of Rs.75,000/- shall be available u/s 80U.
Remark: Certificate should be obtained on prescribed format from a notified ‘Medical authority’.

Deductions under 80RRB:
Deduction: Deduction in respect of any income by way of royalty in respect of a patent registered on or after 01.04.2003 under the Patents Act 1970 shall be available as :- Rs. 3 lacs or the income received, whichever is less.
Remark: The assessee who is a patentee must be an individual resident in India. The assessee must furnish a certificate in the prescribed form duly signed by the prescribed authority alongwith the return of income.

Deductions under 80QQB:
Deduction: Deduction in respect of royalty or copyright income received in consideration for authoring any book of literary, artistic or scientific nature other than text book shall be available to the extent of Rs. 3 lacs or income received, whichever is less.
Remark: The assessee must be an individual resident in India who receives such income in exercise of his profession. To avail of this deduction, the assessee must furnish a certificate in the prescribed form along with the return of income.

Deductions under 80C:
Deduction: This section has been introduced by the Finance Act, 2005. Broadly speaking, this section provides deduction from total income in respect of various investments/expenditures/payments in respect of which tax rebate u/s 88 was earlier available. The total deduction under this section is limited to Rs.1 lakh only.
Remark: Life Insurance Premium, Sum paid under contract for deferred annuity, Sum deducted from salary payable to Govt. Servant for securing deferred annuity for self, spouse or child, Employee’s Provident Fund Scheme, PPF, National Saving Certificate, Housing Loan principal repayment, ULIP, FD, ELSS, Bonds and Children education, etc.

Income Tax Rate for Individuals


Income Tax Rates/Slabs for A.Y. (2011-12)

Slab (Rs.)
Tax (Rs.)
less than
1,60,000
Nil
1,60,000 to 5,00,000
(TI – 1,60,000) * 10%
5,00,000 to 8,00,000
34,000 + (TI – 5,00,000) * 20%
Greater than 8,00,000
94,000 + (TI – 8,00,000) * 30%
Women aged 65 years or less
Slab (Rs.)
Tax (Rs.)
less than 1,90,000
Nil
1,90,000 to 5,00,000
(TI – 1,90,000) * 10%
5,00,000 to 8,00,000
31,000 + (TI – 5,00,000) * 20%
Greater than 8,00,000
91,000 + (TI – 8,00,000) * 30%
Senior Citizens (Individuals aged above 65 years)
Slab (Rs.)
Tax (Rs.)
less than 2,40,000
Nil
2,40,000 to 5,00,000
(TI – 2,40,000) * 10%
5,00,000 to 8,00,000
26,000 + (TI – 5,00,000) * 20%
Greater than 8,00,000
86,000 + (TI – 8,00,000) * 30%

Income Tax Rates/Slabs for A.Y. (2010-11)

Slab (Rs.)
Tax (Rs.)
less than 1,60,000
Nil
1,60,000 to 3,00,000
(TI – 1,60,000) * 10%
3,00,000 to 5,00,000
14,000 + (TI – 3,00,000) * 20%
Greater than 5,00,000
54,000 + (TI – 5,00,000) * 30%
Women aged 65 years or less
Slab (Rs.)
Tax (Rs.)
less than 1,90,000
Nil
1,90,000 to 3,00,000
(TI – 1,90,000) * 10%
3,00,000 to 5,00,000
11,000 + (TI – 3,00,000) * 20%
Greater than 5,00,000
51,000 + (TI – 5,00,000) * 30%
Senior Citizens (Individuals aged above 65 years)
Slab (Rs.)
Tax (Rs.)
less than 2,40,000
Nil
2,40,000 to 3,00,000
(TI – 2,40,000) * 10%
3,00,000 to 5,00,000
6,000 + (TI – 3,00,000) * 20%
Greater than 5,00,000
46,000 + (TI – 5,00,000) * 30%

Income Tax Rates/Slabs for A.Y. (2009-10)

Slab (Rs.)
Tax (Rs.)
less than 1,50,000
Nil
1,50,000 to 3,00,000
(TI – 1,50,000) * 10%
3,00,000 to 5,00,000
15,000 + (TI – 3,00,000) * 20%
Greater than 5,00,000
55,000 + (TI – 5,00,000) * 30%
Women aged 65 years or less
Slab (Rs.)
Tax (Rs.)
less than 1,80,000
Nil
1,80,000 to 3,00,000
(TI – 1,80,000) * 10%
3,00,000 to 5,00,000
12,000 + (TI – 3,00,000) * 20%
Greater than 5,00,000
52,000 + (TI – 5,00,000) * 30%
Senior Citizens (Individuals aged above 65 years)
Slab (Rs.)
Tax (Rs.)
less than 2,25,000
Nil
2,25,000 to 3,00,000
(TI – 2,25,000) * 10%
3,00,000 to 5,00,000
7,500 + (TI – 3,00,000) * 20%
Greater than 5,00,000
47,500 + (TI – 5,00,000) * 30%

Income Tax Rates/Slabs for A.Y. (2008-09)

Slab (Rs.)
Tax (Rs.)
Surcharge on Income Tax
(if TI > Rs.10 Lakhs)
less than 1,10,000
Nil
Nil
1,10,000 to 1,50,000
(TI – 1,10,000) * 10%
10%
1,50,000 to 2,50,000
4,000 + (TI – 1,50,000) * 20%
10%
Greater than 2,50,000
24,000 + (TI – 2,50,000) * 30%
10%
Women aged 65 years or less
Slab (Rs.)
Tax (Rs.)
Surcharge on Income Tax (if
TI > Rs.10 Lakhs) (Rs.)
less than 1,45,000
Nil
Nil
1,45,000 to 1,50,000
(TI – 1,45,000) * 10%
10%
1,50,000 to 2,50,000
500 + (TI – 1,50,000) * 20%
10%
Greater than 2,50,000
20,500 + (TI – 2,50,000) * 30%
10%
Senior Citizens (Individuals aged above 65 years)
Slab (Rs.)
Tax (Rs.)
Surcharge on Income Tax (if
TI > Rs.10 Lakhs) (Rs.)
less than 1,95,000
Nil
Nil
1,95,000 to 2,50,000
(TI – 1,95,000) * 20%
10%
Greater than 2,50,000
11,000 + (TI – 2,50,000) * 30%
10%
Education Cess has to be added on Income-tax and Surcharge @ 2% from AY 2004-05 and 3% from AY 2007-08

Income Tax Rates/Slabs for A.Y. (2006-07 & 2007-08)

Slab (Rs.)
Tax (Rs.)
Surcharge on Income Tax
(if TI > Rs.10 Lakhs)
less than 1,00,000
Nil
Nil
1,00,000 to 1,50,000
(TI – 1,00,000) * 10%
10%
1,50,000 to 2,50,000
5,000 + (TI – 1,50,000) * 20%
10%
Greater than 2,50,000
25,000 + (TI – 2,50,000) * 30%
10%
Women aged 65 years or less
Slab (Rs.)
Tax (Rs.)
Surcharge on Income Tax (if
TI > Rs.10 Lakhs) (Rs.)
less than 1,35,000
Nil
Nil
1,35,000 to 1,50,000
(TI – 1,35,000) * 10%
10%
1,50,000 to 2,50,000
1,500 + (TI – 1,50,000) * 20%
10%
Greater than 2,50,000
21,500 + (TI – 2,50,000) * 30%
10%
Senior Citizens (Individuals aged above 65 years)
Slab (Rs.)
Tax (Rs.)
Surcharge on Income Tax (if
TI > Rs.10 Lakhs) (Rs.)
less than 1,85,000
Nil
Nil
1,85,000 to 2,50,000
(TI – 1,85,000) * 20%
10%
Greater than 2,50,000
13,000 + (TI – 2,50,000) * 30%
10%

Income Tax Rates/Slabs for A.Y. (2004-05 & 2005-06)

Slab (Rs.)
Tax (Rs.)
Surcharge on Income Tax
(If TI > Rs.8.50 Lakhs) (Rs.)
less than 50,000
Nil
Nil
50,000 to 60,000
(TI – 50,000) * 10%
10%
60,000 to 1,50,000
1,000 + (TI – 60,000) * 20%
10%
Greater than 1,50,000
19,000 + (TI – 1,50,000) * 30%
10%

Income Tax Rates/Slabs for A.Y. (2003-04)

Slab (Rs.)
Tax (Rs.)
Surcharge on Income Tax
(If TI > Rs.60,000) (Rs.)
Less than 50,000
Nil
Nil
50,000 to 60,000
(TI – 50,000) * 10%
5%
60,000 to 1,50,000
1,000 + (TI – 60,000) * 20%
5%
Greater than 1,50,000
19,000 + (TI – 1,50,000) * 30%
5%

Income Tax Rates/Slabs for A.Y. (2002-03)

Slab (Rs.)
Tax (Rs.)
Surcharge on Income Tax
(If TI > Rs.60,000)
Less than 50,000
Nil
Nil
50,000 to 60,000
(TI – 50,000) * 10%
2%
60,000 to 1,50,000
1,000 + (TI – 60,000) * 20%
2%
Greater than 1,50,000
19,000 + (TI – 1,50,000) * 30%
2%

Income Tax Rates/Slabs for A.Y. (2001-02)

Slab (Rs.)
Tax (Rs.)
Surcharge
TI > 60,000
Surcharge
TI > 1,50,000
Less than 50,000
Nil
Nil
Nil
50,000 to 60,000
(TI – 50,000) * 10%
12%
17%
60,000 to 1,50,000
1,000 + (TI – 60,000) * 20%
12%
17%
Greater than 1,50,000
19,000 + (TI – 1,50,000) * 30%
12%
17%