Taxation
India has a well developed tax structure with a three-tier federal structure, comprising the Union Government, the State Governments and the Urban/Rural Local Bodies. The power to levy taxes and duties is distributed among the three tiers of Governments, in accordance with the provisions of the Indian Constitution. The main taxes/duties that the Union Government is empowered to levy are Income Tax (except tax on agricultural income, which the State Governments can levy), Customs duties, Central Excise and Sales Tax and Service Tax. The principal taxes levied by the State Governments are Sales Tax (tax on intra-State sale of goods), Stamp Duty (duty on transfer of property), State Excise (duty on manufacture of alcohol), Land Revenue (levy on land used for agricultural/non-agricultural purposes), Duty on Entertainment and Tax on Professions & Callings. The Local Bodies are empowered to levy tax on properties (buildings, etc.), Octroi (tax on entry of goods for use/consumption within areas of the Local Bodies), Tax on Markets and Tax/User Charges for utilities like water supply, drainage, etc.
Since 1991 tax system in India has under gone a radical change, in line with liberal economic policy and WTO commitments of the country. Some of the changes are:
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Reduction in customs and excise duties.
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Lowering corporate Tax.
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Widening of the tax base and toning up the tax administration.
Direct Taxes
Personal Income Tax
Individual income slabs are 0%, 10%, 20%, 30% for annual incomes upto Rs 50,000, 50,000 - 60,000, 60,000 - 1,50,000 and above 1,50,000 respectively.
Corporate Income Tax
For domestic companies, this is levied @ 35% plus surcharge of 5%, where as for a foreign company (including branch/project offices), it is @ 40% plus surcharge of 5%. An Indian registered company, which is a subsidiary of a foreign company, is also considered an Indian company for this purpose.
Withholding Tax for NRIs and Foreign Companies :
Withholding Tax Rates for payments made to Non-Residents are determined by the Finance Act passed by the Parliament for various years. The current rates are :
1. Interest - 20% of Gross Amount
2. Dividends - 10%
3. Royalties - 20%
4. Technical Services - 20%
5. Any other Services - Individuals - 30% of net income
Companies/Corporates - 40% of net income
The above rates are general and in respect of the countries with which India does not have a Double Taxation Avoidance Agreement (DTAA).
Double Taxation Relief
India has entered into DTAA with 65 countries including countries like U.S.A., U.K., Japan, France, Germany, etc. These agreements provides for relief from the double taxation in respect of incomes by providing exemption and also by providing credits for taxes paid in one of the countries. These treaties are based on the general principles laid down in the model draft of the Organisation for Economic Cooperation and Development (OECD) with suitable modifications as agreed to by the other contracting countries. In case of countries with which India has double taxation avoidance agreements, the tax rates are determined by such agreements and are indicated for various countries as under :
Country
Dividends %
Interest %
Royalties %
Australia
15
15
15
Austria
20
20
30
Bangladesh
15
10
10
Belarus
15
10
15
Belgium
15
15
20
Brazil
15
15
15
Bulgaria
15
15
20
Canada
25
15
15
China
10
10
10
Cyprus
15
10
15
Czechoslovakia
20
15
30
Czech Republic
10
10
10
Denmark
20
15
20
Egypt
20
20
30
Finland
15
10
20
France
10
15
10/20
Germany
10
10
10
Greece
20
20
30
Hungary
15
15
30
Indonesia
15
10
15
Israel
10
10
10
Italy
20
15
20
Japan
15
15
20
Jordan
10
10
20
Kazakhstan
10
10
10
Kenya
15
15
20
Korea
20
15
15
Kyrgyzstan
10
10
15
Libya
20
20
30
Malaysia
20
20
30
Malta
15
10
15
Mauritius
15
20
15
Mongolia
15
15
15
Morocco
10
10
10
Namibia
10
10
10
Nepal
15
15
15
Netherlands
10
10
10
New Zealand
15
10
10
Norway
15
15
30
Oman
12.5
10
15
Philippines
20
15
15
Poland
15
15
22.5
Portugal
15
10
10
Qatar
10
10
10
Romania
20
15
22.5
Russian Federation
10
10
10
Singapore
15
15
15
South Africa
10
10
10
Spain
15
15
20
Sri Lanka
15
10
10
Sweden
10
10
10
Switzerland
15
15
20
Syria
0
7.5
10
Tanzania
15
12.5
20
Thailand
20
20
15
Trinidad and Tobago
10
10
10
Turkey
15
15
15
Turkmenistan
10
10
10
United Arab Emirates
15
12.5
10
United Kingdom
15
15
15
United States
20
15
15
Uzbekistan
15
15
15
Vietnam
10
10
10
Zambia
15
10
10
Non treaty countries
0
20
20
General Tax Incentives for Industries
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100% deduction of profits and gains for ten years is available in respect of the following :
Any enterprise carrying on the business of developing, maintaining and operating infrastructure facilities viz., roads, highways, bridges, airports, ports, rail systems, industrial towns, inland waterways, water supply projects, water treatment systems, irrigation projects, sanitation and sewage projects, solid waste management systems.
Undertakings engaged in generation or generation and distribution, transmission or distribution of power, which commence these activities before 31.3.2006.
Any company engaged in scientific and industrial research and development activities, approved by the prescribed authority, before 31.3.2003.
Any undertaking which develops, operates, maintains an Industrial Park or Special Economic Zone before 31.3.2006.
Notified Industrial Undertakings set up in the North Eastern region including seven north-eastern states and the state of Sikkim.
Undertakings developing and building housing projects approved by the local authority before 31.3.2001and which are completed before 31.3.2003.
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100% deduction for seven years for undertakings producing or refining mineral oil.
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100% deduction from income for first five years and 30% (for persons other than companies: 25%) in subsequent five years is available in respect of the following :
Company which starts providing telecommunication services whether basic or cellular including radio paging, domestic satellite service, network or trunking, broad band network and internet services before 31.3.2003.
Industrial undertakings located in certain specified industrially backward states and districts.
Undertakings which begin to operate cold chain facilities for agricultural produce before 31.3.2003.
Undertakings engaged in the business of handling, storage, transportation of food grains.
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50% deduction for a period of five years is available to undertakings engaged in the business of building, owning and operating multiplex theatres or convention centres constructed before 31.3.2005.
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Tax exemption of 100% on export profits for ten years upto F.Y. 2009-10, for new industries located in EHTPs and STPs and 100% Export Oriented Units. For units set up in Special Economic Zones (SEZs), 100% deduction of export income for first five years followed by 50% for next two years, even beyond 2009-10.
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Tax exemption of 100% of Export profits for ten years for new industries located in Integrated Infrastructure Development Centres or Industrial Growth Centres of the North Eastern Region.
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Deduction of 50% of export profits from the gross total income. The deduction would be restricted to 30% for financial year 2003-04 and no deduction is allowable subsequently.
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Deduction from the gross total income of 50% of foreign exchange earnings by hotels and tour operators. The deduction would be restricted to 30% for financial year 2003-04 and no deduction is allowable subsequently.
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50% deduction of export income due to export of computer software or film software, television software, music software, from the gross total income. The deduction would be restricted to 30% for financial year 2003-04 and no deduction is allowable subsequently.
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Deduction in respect of certain inter-corporate dividends to the extent of dividend declared.
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Exemption of any income by way of dividend, interest or long term capital gains of an infrastructure capital fund or an infrastructure capital company from investment made by way of shares or long term finance in any enterprises carrying on the business of developing, maintaining and operating infrastructure facility.
Company Formation in India
