Showing posts with label rebate. Show all posts
Showing posts with label rebate. Show all posts

Wednesday, July 2, 2014

Tax Savings Options

Income tax returns: 9 tax saving options other than Section 80C-NDTV


Before you calculate your tax liabilities, remember to analyze the various sections of tax deductions under the Income Tax Act as tax planning does not end with Section 80C. 
80D:
Tax deduction under section 80D qualifies for mediclaim policies. The premium, which is paid for medical insurance policy for self and family members to protect them from sudden medical expenses, comes under this section. The maximum amount allowed for exemption annually for self, spouse and dependent parents/children is Rs. 15,000. In case of a senior citizen, the maximum amount extends up to Rs. 20,000. If you are paying the premium for your parents (whether dependent or not), you can claim an additional maximum deduction of Rs. 15,000.
80DD:
According to the Income Tax Act, if you are paying a premium to LIC or any other insurance company (approved by the Income Tax board) for the medical treatment of a dependent physically disabled person, you can avail exemption under the section 80DD. Here, the dependent should be none other than your spouse, children, parents or sibling. If the person is suffering from 40 per cent of any disability, a fixed sum of Rs. 50,000 can be claimed in a year. Similarly, if the disability is 80 per cent, the fixed sum goes up to Rs. 1,00,000 per year. For initiating the process of deduction you need to submit the medical certificate issued by a medical authority along with the return of income.
80DDB:
If you have incurred expenses for the medical treatment of self or your dependents, you can claim a deduction of up to Rs. 40,000 or the actual amount paid, whichever is less, under the section 80DDB. For a senior citizen, the maximum exempted amount is Rs. 60,000, or the amount actually paid for medical expenses. To claim a deduction under this section, you need to submit a medical certificate from a doctor working in a government hospital.
80E:
The interest paid on loan taken for pursuing higher education of self or any dependent is exempted from tax under section 80E. An education loan can be taken for wife, children and minors for whom you are the legal guardian. This deduction is applicable for a period of eight years or till the interest is paid, whichever is earlier. The deduction is only approved for higher studies, which means full-time graduate or postgraduate courses in engineering, management or applied sciences, pure sciences including mathematics or statistics. However, from 2011 onwards, the scope of this exemption has been extended to cover all fields of studies including vocational studies pursued after completing the senior secondary examination or equivalent. No exemption is applicable for part-time courses.
80G:
One often donates on philanthropic grounds to help the destitute. Such an amount can be donated to trusts, charitable institutions and approved educational institutions, and qualifies for deduction under Section 80G. The exemptions can be up to 50 per cent or 100 per cent of the donations made. Funds in which the donations are eligible for tax exemptions include the National Defence Fund, Prime Minister Drought Relief Fund, National Foundation for Communal Harmony, National Children's Fund, Prime Minister's National Relief Fund, etc.
80GG:
If a salaried or self-employed person staying in a rented house does not receive any kind of HRA, they can claim a deduction under this section. However, you cannot avail any such benefit if you, your spouse and/or your child owns any residential accommodation in India or abroad. You can claim the least of the following under Section 80GG: 25 per cent of the total income, or Rs. 2000 per month, or excess of rent paid over 10 per cent of total income.
80GGC:
Any monetary contribution to any political party or electoral trust is eligible for tax exemption. Thus, your contribution, as a matter of appreciation for their work, will serve both the purposes.
80U:
A resident of India suffering from any kind of specified disability is eligible to claim tax deduction under this section. In order to enjoy this opportunity, one should be suffering from not less than 40 per cent of the following diseases: blindness, low vision, mental illness, mental retardation, hearing impairment. The deduction provided is flat Rs. 50,000, irrespective of the expense incurred. If the disability is severe, the deduction can be up to Rs. 1 lakh. One needs to provide a copy of all the certificates issued by a medical authority in order to avail this benefit.
80CCG:
The Finance Act 2012 introduced a new Section 80CCG to offer 50 per cent tax break to new investors who invest up to Rs. 50,000 and whose GTI is less than or equal to Rs. 10 lakh. It has been introduced for budding investors entering the equity markets for the first time and is a once-in-a-lifetime benefit.
Hence, there are several sections apart from 80C that can help an individual benefit from tax exemptions. It is time to start looking beyond 80C for tax savings.


TAX REBATE & RELIEF
The total income of an assessee is determined after deductions from the gross total income are made as discussed in the previous chapter. It is on this total income that the tax payable is computed at the rates in force. The Income Tax Act further provides for rebate from the tax payable as computed above, if certain investments or payments are made. Rebates provided u/s 88 of the Act must be distinguished from deductions provided in Chapter VIA of the Act. While the latter reduces the gross total income, rebate is a reduction from the tax payable.
  • Rebate u/s 88 is available @ 20% on certain investments. For  author, playwright,   artist, musician, actor, sportsman, a higher rate of 25% is available.
  • The  maximum  amount of investment  qualifying for rebate u/s 88 is Rs. 60,000. However, additional rebate on investment upto Rs. 20,000 is available in respect of subscription to specified infrastructural equity shares/ debentures.
  • Further, the Finance Act, 2001 has provided that an individual whose income under the head 'Salaries' is below   Rs.1  lakh   during  the previous year  and constitutes atleast 90% of his gross total income, shall be   entitled   to   rebate   @   30%   on   the   investments/ payments specified u/s 88.
  • Section 88B: An assessee, being an individual resident in India, who is of the age of 65 years or more at any time during the previous year shall be entitled to a deduction from the amount of income tax (as computed before allowing the deductions under this Chapter VIII) on his total income, of an amount equal to 100% of such income tax or an amount of fifteen thousand rupees, whichever is less.
  • Investment qualifying for rebate u/s 88 must be out of income chargeable to tax in the relevant previous year.
  • With effect from assessment year 2001-02 onwards a new section 88C has been inserted. It provides that in case of an assessee being a woman resident in India and below 65 years of age, tax rebate of an amount of Rs. 5,000 or 100% of tax, whichever is less, shall be available. The above rebate is to be allowed from the amount of income tax computed before allowing for tax rebate u/s 88 as discussed below :
    • The Drawing and Disbursing Officer should satisfy himself about the actual deposits / subscriptions / payments made by the employees, by calling for such particulars / information as they deem necessary before allowing the aforesaid rebate. In case the DDO is not satisfied about the genuineness of the employee's claim regarding any deposit/subscription/payment made by the employee, he should not allow the same, and the employee would be free to claim the rebate on such amount by filing his return of income and furnishing the necessary proof etc., therewith to the satisfaction of the assessing officer.
The details of investments qualifying for rebate are being given below :-
NATURE OF INVESTMENT
REMARKS
Life insurance PremiumFor individual, policy must be in self or spouse's or any child's name.
Sum paid under contract for a deferred annuityFor individual, on life of self,spouse or any child.
Sum deducted from salary payable to Govt. Servant for securing deferred annuity for self/spouse or childPayment limited to 20% of salary,
Contribution made under Employees' Provident Fund Scheme.
-
Contribution to PPFFor individual, it can be in the name of self/spouse, any child and for HUF, it can be in the name of any member of the family.
Contribution by employee to a Recognised Provident Fund.-
Sum deposited in 10 year/15 year account of Post Office Saving Bank.-
Subscription to any notified securities/notified deposits scheme
e.g. NSS
Subscription to any notified savings certificates. Unit Linked Savings certificatese.g., NSC VIII & NSC VI issue accrued interest on these issues is deemed investment and also qualifies for rebate.
Contribution to Unit Linked Insurance Plan of UTI.
Contribution to Unit Linked Insurance Plan of LIC Mutual Funde.g., Dhanraksha 1989.
Contribution to notified deposit scheme/pension fund Schemee.g., pension fund setup by mutual set up by the National Housing fund notified u/s 10(23D), pension fund set up by UTI or of National Housing Bank.
Certain payments made by way of instalment or part payment of loan taken for purchase/ construction of residential house property The income from which is chargeable to tax under the head income from House propertyQualifying amount limited to Rs. 20,000. Repayment of loan should be towards self finance scheme of development authority housing board etc or towards loan borrowed from Govt, any Bank. LIC, National Housing Bank or loan from the employer which a public sector company university local authority etc.
Contribution to notified annuity Plan of LIC (e.g. Jeevan Dhara) or units of UTI/notified Mutual Fund.If in respect of such contribution, deduction u/s 80CCC, has been availed of, rebate u/s 88 would then not be allowable.
Subscription to units of a Mutual Fund notified u/s 10(23D).
Subscription to deposit scheme of a Public Sector Company/ Authorised Authority providing long term house financing
Subscription to equity shares/ debentures forming part of any approved eligible issue of capital made by a public company or public financial institutionsIn respect of it, a higher limit of qualifying investment of Rs. 70,000 (Rs. 80,000 w.e.f., A.Y. 2001-2002) is available as against Rs. 60,000 in case of other investments.


7.2 RELIEF UNDER SECTIOIN 89(1)
Relief u/s 89(1) is available to an employee when he receives salary in advance or in arrear or when in one financial year, he receives salary of more than 12 months, or receives 'profit in lieu of salary' covered u/s 17(3). W.e.f. 1.6.89 89(1) relief can be granted at the time of TDS by employers in the following conditions :
(1)If the employee is a Government Servant.
(2)He is employee in a 
(a)PSU,
(b)Company,
(c)Co-operative  Society,  
(d)Local Authority,
(e)University,
(f)Institution or Body.

The employee may furnish to the DDO or the person responsible for making payment such particulars in Form 10E (read with Rule 21 AA) which should be duly verified by him. Thereupon the DDO/Person responsible for making payment is required to compute the relief u/s 89(1) on the basis of such particulars and take into account this relief while making tax deduction u/s 192. In case of an employee of category other than the stated above, such relief can only be allowed by the Assessing Officer.


Highlights of Income Tax amendment announced In Budget March 2013 which are applicable for Financial Year 2013-14 and Assessment Year 2014-15
Click Here to read details of changes for Assessment Year 2014-15

Wednesday, June 25, 2014

An Appeal Made By Salaried Class

An open letter to finance minister from salaried class-Hindustan Times-26th June 2014

The patriotic salaried class has a lot of expectations from the Budget.  Finance minister Arun Jaitley is meeting representatives from corporates, banks, financial institutions etc., to know what their demands are. He hasn't met the salaried class and did not respond to a tweet that he should meet employee representatives as well.

The salaried class is being taken for granted by governments day in and day out as they don't represent a big chunk of voters, don't vote en-block and some don't vote at all.

But this time, the salaried class people rallied behind Prime Minister Modi. In one of his election speeches, Modi described the salaried class as the "biggest patriot" ('sabse bada deshbhakt'). The employee class expects a lot from him.


In India, approximately 3.5 crore people (<3% of the population) pay income tax. Out of these only 0.1% people have reported income of > Rs. 1 crore. This is abysmally low considering the fact that 30,000 luxury cars (Audi, Mercedes, BMW, Jaguar Land Rover, Volvo) are sold in the country each year. Further, out of the 3.5 crore tax payers, more than half pay negligible amount of tax ranging from Rs. 50 to Rs. 1,000.

These include professionals like chartered accountants, doctors, lawyers, architects etc. This reduces the effective tax base to 1.5 crore consisting mostly of salaried class people.

The salaried class must have committed some sin in their previous lives, that's why it is carrying on the burden of the entire individual tax collection target on its shoulder. All governments have treated it as the milch cow to fill its coffers. The salaried class is reeling from high inflation levels and poor hikes/bonuses for past the few years in line with low GDP growth.

The following will demonstrate that there is discrimination against the salaried class.

(i) A salaried person pays tax (employer deducts tax and deposits the same on his behalf with the government of India) as he earns his income (each month in advance). No other category of tax payer -– company or self-employed or businessman -- is required to pay advance tax each month. Advance tax has to be paid on the 15th of September, December and March — in installments of 30%, 30% and 40%, respectively— by the self-employed and businessmen.

Companies need to pay it on the 15th of June, September, December and March. So why does salaried class need to pay tax each month? What is the logic? Can anyone explain? In countries like Singapore, a salaried employee needs to pay tax on income in next financial year, ie., for income earned in CY13, tax needs to be paid in CY14, no advance tax.


(ii) Let's take an example of two chartered accountants A & B residing in Mulund, Mumbai. A works in a bank in Mumbai and B has his own practice (entrepreneur). Both have their offices in Bandra Kurla complex and both of them drive to office. They both spend around Rs. 10,000 on petrol bills. While A (salaried) gets tax benefit of only Rs. 800 out of Rs. 10,000 spent (8%), B can claim the entire amount as a deduction from his income. There is no limit on the amount a professional like B can claim as deduction for conveyance. This is ridiculous though one may argue that this encourages entrepreneurship.


(iii) Let's continue with the same example. A goes to a nearby restaurant for lunch and spends Rs. 150-200 per day. B also has lunch outside but can claim the entire amount as business development expense from his income. That's how these professionals pay almost nil tax.

(iv) A & B both buy Honda City for Rs. 10 lakh and take loan of Rs. 8 lakh. A does not get any tax benefit on the EMI of Rs. 17,000 per month. B can claim the entire interest expense as a deduction from income. Further he can also claim depreciation on car.

(v) Interest on self-occupied house/property is exempt upto Rs. 1.5 lakh per annum. If a company/professional buys a building or a flat financed by a bank, is there a cap on interest it can claim as deduction. Anybody? No cap. So why is this rule for salaried class?

The standard deduction was meant to compensate salaried people for the fact that self-employed small businesspersons or entrepreneurs pay tax only on their net income after deducting business expenditure. This was also done way in 2005-06 by Chidambaram. However, this was very paltry anyways.

The demand of salaried class is to treat them at par with self-employed people and allow all expenses as deduction from income, this will bring parity and improve sentiment. They should be taxed based on net income like corporates/self-employed/professionals.

This is not the only lacunae. Some of the deductions allowed under the head salaries have been unchanged for ages.
(i) Conveyance/transport allowance of Rs. 800 per month was announced in the early 1990s. In Mumbai, if you travel by car you spend minimum Rs. 10,000 per month on fuel. If you travel by train your monthly pass for train (1st class) is Rs. 600-700 plus you need to spend minimum Rs. 50 per day on auto/taxi to reach the station from office/home.

This makes it Rs. 2,000 per month on an average. Even if we assume an average inflation of 5% for the past 2 decades, this allowance should be at least Rs. 2,000 (inflation adjusted).


(ii) Interest on self-occupied house/property is allowed as deduction for upto max of Rs. 1.5 lakh since 1999. Property rates have zoomed up significantly since then (prices in Mulund in Mumbai for example which were Rs. 1,000-1,500 per square feet in 1999 has zoomed upto Rs. 15,000 per square feet currently, 10 times the 1999 figure). By this logic the deduction should be Rs. 15 lakh at least.

(iii) Additionally, Rs. 1 lakh is exempted for principal payment but this is covered under Sec. 80 C with other investments. If you buy property worth Rs. 25 lakh today and take loan of Rs. 20 lakhs (80%), your EMI would total Rs. 2.5 lakh per annum and your entire interest expense plus principal can be deducted from income. Where is a flat available for Rs. 25 lakh in Tier I cities in India today, not even Tier III cities perhaps.

(iv) Medical expenses upto Rs. 15,000 is exempt from tax for the family. This was introduced almost 15 years ago. This is too low considering in cities like Mumbai where one visit to a doctor costs Rs. 1,000 excluding cost of medicines. Again here, taking into account inflation, this should easily be doubled.

(v) Child education allowance of Rs. 1,200 per child for maximum 2 children is exempt. This works out to Rs. 100 per month. But even in slums and villages there is no school which has such low fees. In Eurokids, the fee is Rs. 35,000 for play school leave alone school education.

With the government's focus on education, salaried professionals who wish to pursue higher studies (CFA, FRM, PhD etc.) should be given a deduction for the fees paid. This will lead to increase in technical skills of the workforce in India.


The demand of salaried class is to substantially hike the caps for all these allowances just by purely taking into account the inflation aspect.
Not only this, the salaried class suffers from double taxation (indirect taxes) – service tax, sales tax etc -- which makes everything costly for him. Plus, effective tax rates of companies like Reliance and State Bank of India which earn US$ 3.5b+ is 21% and 17% respectively. The effective tax rate is 25-26% for people earning Rs. 30 lakhs and above. How is this justified?

Fewer taxes would increase the disposable income in the hands of salaried people. What would they do with this high income, they would spend the same or invest. Either ways it is good for economy.

The efforts of the government should be to increase the tax net and not milk the cow in their hands (salaried class). Any shortfall in income tax collection from salaried class should be made up by taxing more people who are paying zero taxes and leading lavish lifestyles including politicians.

By the way, income of MPs and MLAs is exempt.


The government is believed to be thinking of increasing the income exempt from tax  from Rs. 2 lakh to Rs. 3 lakh. But this is merely a lollypop given to assuage the feelings of the salaried class. This will lead to savings of only additional Rs. 10,000 p.a. (< Rs. 1,000 per month).

Salaried class needs to be taxed in a similar manner in which self-employed professionals are taxed, that is all expenses should be allowed as deduction from income and only net income should be taxed. All exemptions should be done away with.

This could be contested by people who don't own a house or a car. Their tax liability would increase. So, one could have two methods, one based on actual expenses (like professionals) and the other based on current system with hike in allowances to adjust for inflation.

Employees should have choice which one they want to adopt for their taxation purposes. Is the government listening?

Views expressed by the author are personal.

Link Hindustan Times