- within Insolvency/Bankruptcy/Re-Structuring, Corporate/Commercial Law and Employment and HR topic(s)
DIRECT TAX
INCOME TAX RATES
No changes proposed in the slabs of personal tax rate. Accordingly, the rate of tax as applicable for AY 2021-22 is as under:
| Income (INR) | Existing and Proposed Rates (%) | ||
| Individuals (Age < 60 years) and HUF, BOI, AOP | Individual senior citizens (Age > 60 years < 80 years) | Individual super senior citizens (Age > 80 years) | |
| – 2,50000 | NIL | NIL | NIL |
| 250,001 – 300,000 | 5 | NIL | NIL |
| 300,001 – 500,000 | 5 | 5 | NIL |
| 500,001 – 1,000,000 | 20 | 20 | 20 |
| 1,000,001 and above | 30 | 30 | 30 |
An alternative conditional personal income-tax regime has been proposed. This would be available as an option to the above existing tax regime. The rate of tax applicable under the proposed regime are as under:
| Income (INR) | Proposed Rates (%) |
| Individuals and HUF | |
| 0 - 250,000 | NIL |
| 250,001 - 500,000 | 5 |
| 500,001 - 750,000 | 10 |
| 750,001 - 1,000,000 | 15 |
| 1,000,001 - 1,250,000 | 20 |
| 1,250,001 – 1,500,000 | 25 |
| 1,500,001 and above | 30 |
Rebate, Surcharge & Cess
| Sr. No. | Particulars | Existing & Proposed |
| 1 | Rebate |
|
| 2 | Surcharge (for income other than Capital Gains) |
|
| 3 | Surcharge (for Capital Gains – i.e. Section 111A & 112A of the IT Act) |
|
| 4 | Cess - Health and Education cess |
|
| 5 | AMT (including surcharge and cess) |
|
Below is a comparative analysis of these alternative regimes:
| Particulars | Existing | Proposed | Existing | Proposed |
| Total Income > INR 1 million | Total Income > INR 1 million | Total Income > INR 1.5 million | Total Income > INR 1.5 million | |
| Total Income (assumed) | 1,000,000 | 1,000,000 | 2,500,000 | 2,500,000 |
| Deduction under Section 80C | (1,50,000) | - | (1,50,000) | - |
| Net total Income | 8,50,000 | 1,000,000 | 23,50,000 | 2,500,000 |
| Total Tax payable (as per slab rates) |
82,500 | 75,000 | 5,17,500 | 4,87,500 |
| Add: Health & Education Cess (@4%) | 3,300 | 3,000 | 20,700 | 19,500 |
| Total tax payable | 85,800 | 78,000 | 5,38,200 | 5,07,000 |
| Effective tax rate (i.e. total tax payable/ total income) | 8.58% | 7.80% | 21.53% | 20.28% |
For Companies, Firms, LLP
| Sr. No. | Description | Existing rates
(%) (Including surcharge & Cess) |
Proposed rates
(%) (Including surcharge & Cess) |
||||
| (A) | Domestic Companies | Net income ≤ INR 1 crore | Net Income > INR 1 crore, but ≤ INR 10 crore | Net income > INR 10 crore | Net income ≤ INR 1 crore | Net Income > INR 1 crore, but ≤ INR 10 crore | Net income > INR 10 crore |
| 1 | Turnover or gross receipts in previous year 2017-18 ≤ INR 400 crore (base rate – 30%) | 26.00 | 27.82 | 29.12 | 26.00 | 27.82 | 29.12 |
| 2 | Covered under Section 115BA (base rate – 25%) | 26.00 | 27.82 | 29.12 | 26.00 | 27.82 | 29.12 |
| 3 | Covered under Section 115BAA (base rate – 22%) | 25.17 | 25.17 | ||||
| 4 | Covered under Section 115BAB (base rate – 15%) | 17.16 | 17.16 | ||||
| 5 | Any other Company having turnover or gross receipts in previous year 2017-18 > INR 400 crore | 31.20 | 33.38 | 34.94 | 31.20 | 33.38 | 34.94 |
| 6 | MAT under Section 115JB for companies other than that covered under Section 115BAA and 115BAB (Rate to be applied on book profits – base rate 15%) |
15.60 | 16.69 | 17.47 | 15.60 | 16.69 | 17.47 |
| 7 | BBT under Section 115QA (base rate -20%) |
23.30 | 23.30 | ||||
| 8 | DDT under Section 115-O (without grossing up; base rate – 15%) |
17.47 | Nil | ||||
| (B) | Foreign Companies | Net income ≤ INR 1 crore | Net Income > INR 1 crore, but ≤ INR 10 crore | Net income > INR 10 crore | Net income ≤ INR 1 crore | Net Income > INR 1 crore, but ≤ INR 10 crore | Net income > INR 10 crore |
| 1 | Regular tax (base rate – 40%) | 41.60 | 42.43 | 43.68 | 41.60 | 42.43 | 43.68 |
| (C) | Firms and LLP | Net income ≤ INR 1 crore | Net income > INR 1 crore | Net income ≤ INR 1 crore | Net income > INR 1 crore | ||
| 1 | Regular tax (base rate – 30%) | 31.2 | 34.94 | 31.2 | 34.94 | ||
| Adjusted total income ≤ INR 1 crore | Adjusted total income > INR 1 crore | Adjusted total income ≤ INR 1 crore | Adjusted total income > INR 1 crore | ||||
| 2 | AMT (base rate – 18.5%) | 19.24 | 21.55 | 19.24 | 21.55 | ||
Surcharge and Cess
| Particulars | Existing & Proposed |
| Other domestic companies |
|
| For Domestic companies covered under Section 115BAA and Section 115BAB of the IT Act |
|
| For Foreign companies |
|
| For Firms and LLP |
|
| Cess - Health and Education cess |
|
Download: Union Budget 2020 – Direct Tax – An Analysis
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