Direct Tax



Direct Tax

In India, the tax is a direct tax because it is based on the income, profits or wealth of individual taxpayers and corporations. Direct taxes cannot be passed on to another taxpayer because both the incidence and impact of this type of tax occur at the level of the individual taxpayer.

The CBDT is responsible for administering direct taxes (along with some operational aspects) under the Ministry of Finance and is an important source of revenue to the Government of India.

Characteristics of Direct Taxes

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  • Direct taxes are levied on an individual's income or wealth and are not levied on purchased goods/services.
  • Taxpayers pay direct taxes directly to the government and do not go through an intermediary.
  • Direct Taxes are progressive in nature in that higher earners pay a higher percentage in direct taxes than lower-level earners.
  • Direct Taxes cannot be passed on to another person; thus, the individual or corporation pays direct taxes out of its own funds.
  • Direct Taxes have a narrow tax base in that they are only applied to individuals and corporations whose income exceeds the income threshold.

Types of Direct Taxes in India

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Income Tax

  • Income Tax is levied on the income of individuals, HUFs, partnership companies, LLPs, registered companies, tax-exempt trusts, and AOPs/BOIs;
  • Taxable Income calculation is simplified to Gross Total Income - Exemptions – Deductions
  • There are five classes of income defined in taxable income the following: Salary, House Property Income, Business/Profession Income, Capital Gains Income, Other Income
  • Types of Income Taxes are as follows:
    • Personal Income Taxes may be payable by individuals, HUFs, households etc under the Income Tax Act 1961
    • Corporate Income Tax (or Corporate Tax) is the tax imposed on the profits of a company registered in India and applies to both domestic and foreign companies operating in India; and the tax rate is established in the Finance Act introduced each year.

The Minimum Alternate Tax (MAT)

These taxes 'Zero Tax companies,' which are companies that generate profits but are taxed at a rate of 0% based on their tax exemptions. Companies must pay MAT or pay Corporate Tax (the greater of the two) as per the relevant MAT provisions. Zero Tax companies are companies that generate profits and pay dividends; therefore, they are considered to be in a position where they have profits. However, they are able to avoid tax liability on their profits due to the use of tax deductions, depreciation, and various other tax provisions.

The Alternate Minimum Tax (AMT)

This is a tax similar to MAT, but it applies to noncorporate taxpayers, i.e. Partnership Firms, Limited Liability Partnerships (LLPs), Individuals and Hindu Undivided Families (HUFs) that carry on business and that meet specific conditions.

Capital Gains Tax (CGT)

It is collected by a tax levied on profits derived from the sale of capital assets. Capital assets include all types of Land, Buildings, Home Properties, Motor Vehicles, Machinery, Patents, Trademarks, and Jewellery. Stocks or shares held for trading purposes and Agricultural Land lying outside the geographical limit of a notified area do not qualify as Capital Assets. Personal possessions such as art and jewellery are excluded from insurance coverage. There are two kinds of Capital Gains:

  • Short-Term Capital Gains ("STCG"), which are derived from asset holding periods of less than or equal to thirty-six months (the holding period varies by capital asset)
  • Long-Term Capital Gains ("LTCG"), which arise from asset holding periods of more than thirty-six months.

The Securities Transaction Tax (STT)

This is a tax on the purchase and sale of listed stocks and shares (Or shares listed) and other Equity Mutual Funds, as well as Stock Futures. STT was introduced in 2004 to prevent tax evasion through capital gains tax.

Dividend Distribution Tax (DDT)

Before the Dividend Distribution Tax (DTT) was eliminated from the tax system, companies were required to pay tax on their dividends before distributing dividends to their shareholders. As of 1 April 2020, tax on dividends paid by companies has been abolished, and all dividends received by shareholders are now subject to tax.

Wealth tax

This tax is levied against an individual’s net wealth, as well as the net wealth of Hindu Undivided Families (HUF), companies. The Wealth Tax was replaced with a surcharge levied on very wealthy individuals.

Banking Cash Transaction Tax (BCTT)

This tax was introduced in 2005 as a tax on cash withdrawals exceeding a certain amount, but it was abolished by the government in 2009. Although it was suggested once again in 2017, the government has not repopularised it since that time.

Professional Tax

The professional tax is a state-level tax imposed on several categories of income earned from a profession, including those who work as lawyers, doctors, Certified Public Accountants (CPAs), salaried people, etc. This tax can be up to Rs. 2500 per year.

Digital Tax/Equalisation Levy (Google Tax)

This tax is imposed on digital companies, including Google, Meta, and Amazon, that have no physical presence in the country where they operate but still earn revenue from customers in that country. This tax is aimed at addressing BEPS (Base Erosion & Profit-Shifting).

Who needs to pay direct taxes?

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  • Individuals
    • Resident, Non-Resident, PIO
    • Wage/salaried individuals, Business Owner, and Self-Employed
  • Hindu Undivided Family-HUF is a separate taxable entity
  • Partnership Firms and Limited Liability Partnerships
  • All Companies (Foreign and Domestic)
  • Association of Persons and Body of Individuals

Steps for Calculation

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  • Calculation of Total Income which will include your salary, business/profession income, Capital Gains, etc.,
  • Deductions can be claimed for certain expenses/exemptions including House Rent Allowance, Encashment of Leave, etc.,
  • Deductions are also available for certain amounts invested under Sections 80C, 80D, 80G, 80E, etc.,
  • Using the income and applicable exemptions/deductions, you will calculate your Taxable income,
  • Next, you will calculate your tax based on the applicable rate based on the slab you are in,
  • Finally, you will apply any applicable surcharges and/or Health/Education Cesses, to calculate the amount of tax due.

Process to pay Direct Tax

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  • Go to the TIN-NSDL or the Income Tax Portal,
  • Generate the Relevant Challan (ITNS 280/281/282, etc),
  • Pay the tax amount via Internet Banking, Debit Card or through a Bank Counter,
  • Keep the challan receipt for filing your Income Tax Return later,
  • When it's time to file the Income Tax Return, make sure to include the challan details on it.

Advantages of direct taxes

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  • Supporting Fairness and Equity - "Progressive" tax brackets decrease Inequality
  • Certainty of Liability
  • Productive source of Revenue
  • Control of Inflation
  • Redistribution of Wealth

Some criticisms of Direct Taxes

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  • Are Burdensome due to high levels of compliance,
  • Have very complex procedures to complete and/or file,
  • If too high, may deter people from investing due to lower net returns after taxation,
  • Many people with higher levels of Income take advantage of different avenues to plan and/or evade taxes.

Conclusion

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Direct taxes make up an essential aspect of our country’s fiscal structure. They are seen as a way of creating Equity and redistributing Wealth, while also being a consistent source of Revenue used to promote and support Development and Welfare Initiatives. In an increasingly digital World, increased digitisation will lead to reforming/Future-proofing systems; with the faceless assessment system along with digitally evolving Tax pedestals leading to improved compliance and upgrading the Taxation Environment in India.

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