NRIs, PIOs need not report property deals in India

Non-resident Indians (NRIs) and Persons of Indian Origin (PIOs) will not be required to report to the Central Bank on the details oftransactions while purchasing immovable property in India, theReserve Bank of India (RBI) confirmed on Wednesday.
Unlike foreigners, who have to file a declaration with the Reserve Bank within 90 days from the date of purchase of properties, NRIs and PIOs are not expected to comply with any such procedures.
"It is clarified that the extant regulations do not prescribe any reporting requirements for transactions where a person resident outside India who is a citizen of India or a PIO... acquire/s immovable property in India," the RBI said.
According to the RBI, foreigners make the declaration in IPI form, which has now been amended for greater clarity. RBI’s announcement could spur investment in India from the country’s diaspora, the report added.

Govt tries to allay NRI fears

The government on Tuesday tried to allay fears of NRIs being harassed by the income tax department due to the new Budget provision of compulsory declaration of foreign assets.“We will bother only those non- resident Indians (NRIs) who have unexplained funds. If any money is found to be of some person and then it comes to our knowledge and is legitimately explained, he doesn’t have to bother. But if it is unexplained, then we will have to bother and we will bother,” CBDT chairman Laxman Das said at an interactive session with members of the Federation of Indian Chambers of Commerce and Industry (FICCI).

Finance secretary R. S. Gujral said that there is no intention that NRIs should not return or should not bring back their assets to the country. “I do not think there is any doubt,” he remarked. “Obviously, if they have earned money and they are not required to file a return in India and they have assets abroad, they are not undisclosed assets,” he explained. However, Gujral said, “ If a person is employed as a clerk abroad and comes back after two years with $ 1 billion in his pocket, the person would have to explain the amount. But generally, it is very clear that India wants to attract NRI investment, NRI remittances and we welcome the NRIs even coming back.”Regarding reassessment of income in relation to any asset located outside India, the Budget has proposed reopening of assessments of up to 16 years compared with six years at present. Besides, it would be mandatory to reporting assets held abroad.

The time limit of six years is not sufficient in cases where assets are located outside India because gathering information regarding such assets takes much more time on account of additional procedures and laws of foreign jurisdictions, the Budget Memorandum states.
The 16- year thing is an enabling provision where it is found that the person, whether NRI or anybody else, is not able to explain as to how he acquired the money and whether tax has been paid on it, whether in India or abroad. It is never the government’s purpose to trouble people who are explaining money held abroad, Das added.

Experts said that such a move could create unnecessary reporting requirements and harassment for NRIs who have returned to India after staying abroad for long.

NRIs staying beyond 60 days to pay tax

Come April 2012 and a new taxation law will make things slightly more difficult for those Non-Resident Indians (NRIs) who spend more than 60 days a year in India. They will need to make a disclosure of their global income if their stay exceeds the 60-day limit. NRI associations are up in arms against the decision and say the move will estrange the community from their motherland, apart from weaning away investments made in India in the form of bank deposits by many such persons settled abroad.

The government, on its part, wants to bring exclusively rich NRIs who spend months in India doing business and then evade paying taxes. At present, NRIs can spend up to 182 days in a year in India without being taxed. If they exceed the 182-day limit, they are considered ordinary citizens for levy of taxes.

Influential NRI associations in countries like the United States and Canada, however, are not willing to give in so easily and are lobbying to get the 60-day limit waived. A delegation comprising members from associations representing different communities residing in the United States are due to visit India in January 2011 to meet senior ministers and convey their problems over the changing taxation laws and possible relaxations.

Service Tax Exemptions in a Nutshell

The Negative List: Service Tax Exemptions in a Nutshell

The Service Tax provisions in the budget detail out 17 areas on which you will not be charged a tax, and for absolutely everything else that involves a service, you will need to pay 12 % (plus cess). The seventeen areas are:

1.       1. Services by the Government or local authorities: These will include such services like getting a passport, a driving license, paying municipal taxes, car registration fees, police fines and so on. What you pay for such services will not include any service tax.

But of course, there are exceptions. Service tax will still be applicable on:
- Speed or Express Post, and life insurance bought from a post office
- airport services
- government services provided to businesses. (Companies will pay it on the annual filing charges payable to the Registrar of Companies, for instance).

2.      2. Services by the Reserve Bank of India. They won't tax the ones that print the money!

1.       3. Foreign consulates and embassies in India. Hopefully this will mean to visa fees as well.

1.       4. Agricultural services. This includes harvesting, planting, or warehousing services, renting of either vacant agricultural land or machinery,

1.       5. Trading, and (see point 6)

1.       6. Manufacturing of goods. For this and trading, service tax will not apply but there is already the excise duty, customs duty and VAT structure that will ensure they are still taxed.

1.       7. Advertisements on hoardings or newspapers: The clause says that service tax will still apply on advertisements in TV or Radio, but for every other form of advertising.

1.       8. Toll charges: No extra charges; imagine trying to pay Rs. 23.60 at a toll booth with twenty impatient cars behind you.

1.       9. Gambling: Yes, you don't have service tax if you visit a casino, buy a lottery ticket or bet on a horse race. But if you win, the income tax is quite hefty, so all this clause does is that they don't tax you when you lose.

1.       10. Entertainment events: What you pay to enter a concert or an amusement park will not be subject to service tax.

1.       11. Electricity: If you're paying a local utility, no service tax will be applicable. But if you pay for power coming off a generator, you'll shell out 12% extra.

1.       12. Education: No service tax for pre-school to high-school education. And not for any education to purse a qualification recognized by law. (I imagine this applies to courses such as a CA, MBBS, or any recognized degree) That also means you'll pay it for a course that gives you an unrecognized diploma, and for private tuitions.

1.       13. Residential rent: For those of us that stay in rented premises, we don't have to pay service tax. Offices, factories and other users must, but that was true last year as well.

1.       14. Certain financial transactions like giving money as a loan, buying a deposit, where interest is involved will not be chargeable to service tax. However, the interest actually received (or paid) will be subject to service tax. Also, given the way this clause is worded, if you give anyone money without any interest, service tax will apply. (At the very least, give or take some interest)

1.       15. Public Transport: Exemption applies to all kinds of transportation, on water or land, included metered cabs. You will still pay service tax on First Class or any air-conditioned coach seats in a train. And you will pay it on packaged tours.

1.       16. Goods transport: Except if you use a road transport agency or a courier service.

1.       17. For the absolute end: This includes funeral, burial, crematorium, hearse or mortuary services. Taxes may kill you, but they won't touch your final rites.

In general, you need to have a "service" in order to be taxed.  For the most part, if a transaction already has a different tax on it — excise or customs duty, or VAT — you may not need to pay service tax on it. (The exception being restaurant bills, where you might pay both!)

There are other "exemptions" to service tax, such as the maintenance charges you pay to your housing society (if the total amount is less than Rs. 5,000 per month).

While you may fret that now everything else comes under service tax, note that the small service provider will not pay any service tax unless he makes more than Rs. 10 lakhs (Rs. 1 million) in a year. This spares you from the tax at the micro level.

TDS, TCS, TAN

Tax Deduction at Source (TDS)Tax deduction at source means the tax required to be paid by the assesses, is deducted by the person paying the income to him. Thus, the tax is deducted at the source of income itself. The income tax act enjoins on the payer of such income to deduct the given percentage of income as income tax and pay the balance amount to the recipient of such income. The tax so deducted at source by the payer is to be deposited in the income tax department account. The tax so deducted from the income of the recipient is deemed to be payment of income tax by the recipient at the time of his assessment. For example, person responsible for paying any income which is chargeable to tax under the head 'Salaries' is required to compute the tax liability in respect of such income and deduct tax at source at the time of payment.If the employee has any other income,he needs to inform the employer so that employer can take that income into consideration while computing his tax liability but he will not take into account losses except loss from house property. Similarly, person responsible for paying any income by way of 'interest on securities' or any other interests are required to deduct tax at source at the prescribed rates at the time of credit of such income to the account of the payee or at the time of payment,whichever is earlier. The income from the following sources is subjected to tax deduction at source Salary and all other positive incomes under any head on income( Section 192 ) Interest on securities ( Section 193 ) Interest other than interest on securities( Section 194A ) Payments to contractors and sub-contractors( Section 194C ) Winnings from Lottery or crossword puzzles( Section 194B ) Winnings from horse races( Section 194BB ) Insurance Commission covering all payments for procuring Insurance business(Section 194D ) Any interest other than interest on securities payable to non-residents not being a company or to a foreign company( Section 195 ) Payment to non-resident sportsman including athlete or sports association/institution.In case of non-resident sportsman,payments in respect of advertisements as well as articles on any game/sports in India in newspapers,magazines,etc. is included( Section 194E ) Payment in respect of deposits under NSS[National Savings Scheme]( Section 194EE ) Payment on account of repurchase of Units by Mutual Fund or UTI( Section 194F ) Payment for Commission or brokerage( Section 194H ) Payment of rent( Section 194I ) Payment of fees for professional or technical services( Section 194J ) Commission to Stockist,distributors,buyers and sellers of Lottery tickets including remuneration or prize on such tickets( Section 194G ) Income from Units purchased in foreign currency or long-term capital gain arising from the transfer of such Units purchased in foreign currency ( Section196B ) Payment of any income to non-residents in respect of interest or dividend on bonds and shares( Section 196C )etc. Tax Collection at Source (TCS) Tax collection at source arises on the part of the seller of goods. Here, tax is collected at the source of income itself. It is to be collected at source from the buyer, by the seller at the point of sale. Such tax collection is to be made by the seller at the time of debiting the amount payable to the buyer to the account of the buyer or at the time of receipt of such amount from the buyer, whichever is earlier. A person collecting tax shall furnish a certificate specifying whether tax has been collected or not,what sum has been collected,the rate of tax applied on it and other such particulars as may be prescribed. It shall be furnished within 10 days from the date of debit or receipt of the amount furnished to the buyer to whose account such amount is debited or from whom such payment is received. The taxes collected must be remitted into the income tax department's account. Every person collecting tax shall, within such time as may be prescribed, apply to the Assessing Officer for the allotment of a tax-collection account number. The following goods when sold must be subjected to tax collection at source :- Alcoholic liquor for human consumption (other than Indian made foreign liquor). Timber obtained under a forest lease. Timber obtained by any mode other than under a forest lease. Any other forest produce not being timber. Tax Deduction and Collection Account Number (TAN) TAN or Tax Deduction and Collection Account Number is a 10 digit alpha numeric number required to be obtained by all persons who are responsible for deducting or collecting tax. All those persons who are required to deduct tax at source or collect tax at source on behalf of Income Tax Department are required to apply for and obtain TAN. TAN is allotted by the Income Tax Department on the basis of the application submitted to TIN Facilitation Centres managed by National Securities Depository Limited ( NSDL ). NSDL will intimate the TAN which will be required to be mentioned in all future correspondence relating to TDS/TCS. An application for allotment of TAN is to be filled in Form 49B and submitted at any of the TIN facilitation centres meant for receipt of e-TDS returns. The income tax act makes it mandatory for TAN to be quoted in all TDS/TCS returns, all TDS/TCS payment challans and all TDS/TCS certificates to be issued. Failure to apply for TAN or comply with any of the other provisions of the Act attracts a penalty. TDS/TCS returns will not be received if TAN is not quoted and challans for TDS/TCS payments will not be accepted by banks.

Taxation of Corporates

Company whether Indian or foreign is liable to taxation, under the Income Tax Act,1961. Corporation tax is a tax which is levied on the incomes of registered companies and corporations. A Company means:- Any Indian company, or Any corporate body, incorporated by or under the laws of a country outside India, or Any institution, association or a body which was assessed as a company for any assessment year under the Income Tax Act,1922 or was assessed under this Act as a company for any assessment year commencing on or before April 1, 1970,or Any institution, association, or body, whether incorporated or not and whether Indian or Non-Indian, which is declared by a general or special order of the Central Board of Direct Taxes to be a company. Companies in India, whether public or private are governed by the Companies Act, 1956. The registrar of companies and the company law board administers the provisions of the Act. However, for the purpose of taxation, companies are broadly classified as:- Domestic company [Section 2(22A)]:- means an Indian company (i.e. a company formed and registered under the Companies Act,1956) or any other company which, in respect of its income liable to tax, under the Income Tax Act, has made the prescribed arrangement for declaration and payments within India, of the dividends payable out of such income. A domestic company may be a public company or a private company. Foreign company [Section 2(23A)] :- means a company whose control and management are situated wholly outside India, and which has not made the prescribed arrangements for declaration and payment of dividends within India.

Direct Tax Code

The direct tax code seeks to consolidate and amend the law relating to all direct taxes, namely, income-tax, dividend distribution tax, fringe benefit tax and wealth-tax so as to establish an economically efficient, effective and equitable direct tax system which will facilitate voluntary compliance and help increase the tax-GDP ratio. Another objective is to reduce the scope for disputes and minimize litigation. It is designed to provide stability in the tax regime as it is based on well accepted principles of taxation and best international practices. It will eventually pave the way for a single unified taxpayer reporting system. The salient features of the code are: Single Code for direct taxes: all the direct taxes have been brought under a single Code and compliance procedures unified. This will eventually pave the way for a single unified taxpayer reporting system. Use of simple language: with the expansion of the economy, the number of taxpayers can be expected to increase significantly. The bulk of these taxpayers will be small, paying moderate amounts of tax. Therefore, it is necessary to keep the cost of compliance low by facilitating voluntary compliance by them. This is sought to be achieved, inter alia, by using simple language in drafting so as to convey, with clarity, the intent, scope and amplitude of the provision of law. Each sub-section is a short sentence intended to convey only one point. All directions and mandates, to the extent possible, have been conveyed in active voice. Similarly, the provisos and explanations have been eliminated since they are incomprehensible to non-experts. The various conditions embedded in a provision have also been nested. More importantly, keeping in view the fact that a tax law is essentially a commercial law, extensive use of formulae and tables has been made. Reducing the scope for litigation: wherever possible, an attempt has been made to avoid ambiguity in the provisions that invariably give rise to rival interpretations. The objective is that the tax administrator and the tax payer are ad idem on the provisions of the law and the assessment results in a finality to the tax liability of the tax payer. To further this objective, power has also been delegated to the Central Government/Board to avoid protracted litigation on procedural issues. Flexibility: the structure of the statute has been developed in a manner which is capable of accommodating the changes in the structure of a growing economy without resorting to frequent amendments. Therefore, to the extent possible, the essential and general principles have been reflected in the statute and the matters of detail are contained in the rules/schedules. Ensure that the law can be reflected in a Form: for most taxpayers, particularly the small and marginal category, the tax law is what is reflected in the Form. Therefore, the structure of the tax law has been designed so that it is capable of being logically reproduced in a Form. Consolidation of provisions: in order to enable a better understanding of tax legislation, provisions relating to definitions, incentives, procedure and rates of taxes have been consolidated. Further, the various provisions have also been rearranged to make it consistent with the general scheme of the Act. Elimination of regulatory functions: traditionally, the taxing statute has also been used as a regulatory tool. However, with regulatory authorities being established in various sectors of the economy, the regulatory function of the taxing statute has been withdrawn. This has significantly contributed to the simplification exercise. Providing stability: at present, the rates of taxes are stipulated in the Finance Act of the relevant year. Therefore, there is a certain degree of uncertainty and instability in the prevailing rates of taxes. Under the Code, all rates of taxes are proposed to be prescribed in the First to the Fourth Schedule to the Code itself thereby obviating the need for an annual Finance Bill. The changes in the rates, if any, will be done through appropriate amendments to the Schedule brought before Parliament in the form of an Amendment Bill.