Direct Taxes
Direct taxes are mandatory taxes imposed by the government on the tax payer and cannot be passed on to anyone. Major direct taxes imposed in India are Income Tax, Wealth Tax and Corporate Tax
Income Tax
Income tax is the most common and most important tax that an Indian must pay.
It is charged directly on the income of a person.
The rate at which it is charged varies, depending on the level of income.
It’s charged to individuals, co-operative societies, firms, companies, Hindu Undivided Families (HUFs), trusts and any artificial judicial person.
Income tax is charged on an income known as “taxable income”, which is:
Taxable income = (total income) – (applicable deductions and exemptions).
The different heads of income under which income tax is chargeable are:
Income from house and property.
Income from business or profession.
Income from salaries.
Income in the form of capital gains.
Income from other sources.
It is levied differently for different people depending on their residency status.
Corporate Tax
Levied on companies who exist as separate entities from their shareholders.
Foreign companies are taxed on income that arises, or is deemed to arise, in India.
It is charged on royalties, interest, gains from sale of capital assets located in India, fees for technical services and dividends.
Includes Minimum Alternative Tax (MAT) which was introduced to bring Zero Tax companies under the income tax net, whose accounts were made in accordance with the Companies Act.
Includes Fringe Benefit Tax (FBT) which is a tax that companies pay on the fringe benefits provided (or deemed to have been provided) to employees.
Incudes Dividend Distribution Tax (DDT) which is a tax levied on any amount declared, distributed or paid as dividend by any domestic company. International companies are exempt from this tax.
Includes Securities Transaction Tax (STT) which is a tax levied on taxable securities transactions. There is not surcharge applicable on this.
Wealth Tax
Wealth tax is charged on the benefits derived from property ownership.
The same property will be taxed every year on its current market value.
Wealth tax is charged whether the property in earning an income or not.
The tax is levied on the individuals, HUFs, and companies alike.
Chargeability depends on residential status.
The following will not be taxed as they are “working assets”:
Assets held as stock in trade.
Property held as a commercial complex.
Gold deposit bonds.
House property held for business or profession.
House property let out over 300 days in a year.
Capital Gains Tax
Taxed on the income derived from the sale of assets or investments.
Capital investments cover homes, farms, businesses, works of art, etc.
Capital gains = (money received from sale) – (cost of capital investment).
Categorized as short-term gains (gains on assets sold within 36 months of acquisition) and long-term gains (gains on assets sold after 36 months of acquisition and holding).
Voluntary tax that is paid by the taxpayer when the asset it sold.
Acts
Circulars
- Circulars 2017-2018
- Deduction of tax at source Income-tax deduction from salaries under section 192 of the Income-tax Act, 1961
- Clarifications on the Taxation and Investment Regime for Pradhan Mantri Garib Kalyan Yojana, 2016
- Explanatory Notes to the Provisions of the Finance Act, 2016
- Govemment of India Ministry ofFinance Department ofRevenue Cental Board ofDirect Ta\es (FT&TR- Div;sion) pNew Delhi,-$ JanuarY, 2017 Guard F;le N. Su ‘St
- Measures for reducing litigation – Clarification on Circulars 21/2015 and 8/2016
- Guiding Principles for determination of Place of Effective Management (POEM) of a Company
- Corrigendum to Circular No. 1/2017 dated 02.01.2017 on TDS under section 192 of Income-tax Act, 1961
- Clarification on implementation of GAAR provsions under the Income Tax Act, 1961
- Clarification for determination of Place of Effective Management (POEM) of a company, other than an Indian company
- Clarifications on the Taxation and Investment Regime for Pradhan Mantri Garib Kalyan Yojana, 2016
- Clarification on Income Computation and Disclosure Standard (ICDS) notified under section 145(2) of the Income-tax Act, 1961
- Clarifications on the Taxation and Investment Regime for Pradhan Mantri Garib Kalyan Yojana, 2016
- Clarification regarding liability to income-tax in India for a non-resident seafarer receiving remuneration in NRE (Non Resident External) account maintained with an Indian Bank
- : Extension of time for filing declaration under the Taxation and Investment Regime for Pradhan Mantri Garib Kalyan Yojana, 2016
- Clarification on removal of Cyprus from the list of notified jurisdictional areas under section 94A of the lncome-tax Act, 1961
- Lease rent from letting out buildings/developed space along with other amenities in an Industrial Park /SEZ – to be treated as business income
- Corrigendum
- Requirement of tax deduction at source in case of entities whose income is exempted under Section 10 of the Income-tax Act, 1961 – Exemption thereof
- Settled View on section 2(22)(e) of the Income Tax Act, trade advances
- : Applicability of Explanation 2 to Section 132B of the IT Act, 1961
- Non-Applicability of the provisions of section 194-1 of the I.T. Act, 1961 on remittance of Passenger Service Fees (PSF) by an Airline to an Airport Operator
- Clarifications in respect of section 269ST of the Income-tax Act, 1961
- Modification of Circular No.1 of 2014 in view of substitution of Service Tax by Goods and Services Tax (GST)
- Clarifications on computation of book profit for the purposes of levy of Minimum Alternate Tax (MAT) under section 115JB of the Income-tax Act, 1961 for Indian Accounting Standards (Ind AS) compliant companies.
- Clarification related to guidelines for establishing ‘Place of Effective Management’ (PoEM) in India 23 October 2017
- Order under section 119 of the Income-tax Act, 1961 in respect of extension of due date for filing of Country-by-Country Report for reporting accounting year 2016-17
- Clarification on Cash sale of agricultural produce by Cultivators/Agriculturists
- Clarification on Indirect Transfer provisions in case of redemption of share or interest outside India under the Income-tax Act, 1961
- Income-tax deduction from salaries during the financial year 2017-18 under section 192 of the Income-tax Act, 1961
Notifications
- Notifications 2018-19
- Income-tax (Third Amendment) Rules, 2018
- Income–tax (Fourth Amendment) Rules, 2018
- Income-tax (5th Amendment) Rules, 2018 – Notification under section 9A (3) of the Income-tax Act, 1961 in respect of Fund Manager Regime
- ANNEXURE PROTOCOL AMENDING THE CONVENTION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA AND THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN FOR THE AVOIDANCE OF DOUBLE TAXATION AND
- And whereas, in terms of sub-rule (1) of Rule 11G of the Income Tax Rules, 1962, by the aforesaid notification, fourteen person were appointed by the Central Government as
- MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 4th May, 2018 (INCOME TAX) S.O. 1823(E).—Whereas the Protocol amending the
- of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054
- The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii) vide notification number S.O.969(E), dated the 26 th March, 1962
- [Notification No. 24/2018/F. No.370142/5/2018-TPL (Pt)] PRAVIN RAWAL, Director (Tax Policy and Legislation) Uploaded by Dte
- MINISTRY OF FINANCE (Department of
- [Notification No.26/2018/F.No.370142/3/2018-TPL] PRAVIN RAWAL, Director (TPL) Note:- The principal notification was published in the Gazette of India, Extraordinary, Part II
- Provided that the benefit under the said proviso shall be admissible in the case of transfer of such bonds by endorsement or delivery, only if the transferee informs Power Finance
- NOTIFICATION New Delhi, the 18th June, 2018 No. 28/2018 (INCOME-TAX) S.O. 2939(E).—In exercise of the powers conferred by clause
- Notification No. 29/2018 [F.No. 370142/19/2017-TPL] SO 3039(E)
International Taxation
- Withholding Tax
- Income of Foreign Institutional Investors from securities
- Income from foreign currency bonds or Shares of Indian company
- Income from Units
- Income by way of interest on certain bonds and Government securities
- Income by way of interest from Indian Company
- Income by way of interest from infrastructure debt fund
- Withholding Tax Rates
- Income in respect of units of non-residents
- Payments to non-resident sportsmen or sports associations
- Certificate for deduction at lower rate
- Consequences of failure to deduct or pay
- Other Sum
- Withholding Tax
- Income of Foreign Institutional Investors from securities
- Income from foreign currency bonds or Shares of Indian company
- Income from Units
- Income by way of interest on certain bonds and Government securities
- Income by way of interest from Indian Company
- Income by way of interest from infrastructure debt fund
- Withholding Tax Rates
- Income in respect of units of non-residents
- Payments to non-resident sportsmen or sports associations
- Certificate for deduction at lower rate
- Consequences of failure to deduct or pay
- Other Sum