Income Tax Consultants in St. Johns Road

MS Legal Associates: We are Income Tax Consultants in St. Johns Road.

About Income Tax

An income tax is a tax imposed on individuals or entities (taxpayers) that varies with the income or profits (taxable income) of the taxpayer. Details vary widely by jurisdiction. Many jurisdictions refer to income tax on business entities as companies tax or corporate tax. Partnerships generally are not taxed; rather, the partners are taxed on their share of partnership items. Tax may be imposed by both a country and subdivisions. Most jurisdictions exempt locally organized charitable organizations from tax.

Income tax generally is computed as the product of a tax rate times taxable income. The tax rate may increase as taxable income increases (referred to as graduated rates). Taxation rates may vary by type or characteristics of the taxpayer. Capital gains may be taxed at different rates than other income. Credits of various sorts may be allowed that reduce tax. Some jurisdictions impose the higher of an income tax or a tax on an alternative base or measure of income.

Different Types of Taxes

Direct Taxes

It is names so because it is directly paid to the Union Government of India. As per a survey, the Republic of India has witnessed a consistent rise in the collection of such taxes over a period of past years. The visible growth in these tax collections as well as the rate of taxes reflects a healthy economical growth of India. Besides that, it even portrays the compliance of high tax along with better administration of taxation. To name a few of the direct taxes, which are imposed by the Indian Government are:
Banking Cash Transaction Tax
Corporate Tax
Capital Gains Tax
Double Tax Avoidance Treaty
Fringe Benefit Tax
Securities Transaction Tax
Personal Income Tax
Tax Incentives

Indirect Taxes

As opposed to the direct taxes, such a tax in the nation is generally levied on some specified services or some particular goods. An indirect tax is not levied on any particular organisation or an individual. Almost all the activities, which fall within the periphery of the indirect taxation, are included in the range starting from manufacturing goods and delivery of services to those that are meant for consumption. Apart from these, the varied activities and services, which are related to import, trading etc. are even included within this range. This wide range results in the involvement as well as implementation of some or other indirect tax in all lines of business.

Usually, the indirect taxation in the Indian Republic is a complex procedure that involves laws and regulations, which are interconnected to each other. These taxation regulations even include some laws that are specific to some of the states of the country. The regime of indirect taxation encompasses different kinds of taxes. The organizations offer services in all or most of the related fields, some of which are as follows:
Anti Dumping Duty
Custom Duty
Excise Duty
Sales Tax
Service Tax
Value Added Tax or V. A. T.

Income Tax

Income Tax in India includes all income except the agricultural income that is levied and collected by the central government. This particular income is also shared with the states. The Income Tax was incorporated in India from the year1860.

However, after many alterations, finally with the Indian Income Tax Act, 1922, there was a revolutionary change brought by the All India Income Tax Committee. This is significant as after this the administration of the Income Tax came under the direct control of the Central Government. This Act got amended again in the year 1961, and the present Income Tax regime in India is still following the provisions of the Act of 1961.

As per the Income Tax Act 1961, the assessee whose total income level is more than the maximum exemption limit, are under the domain of chargeable Income Tax. The assessee has to pay the Income Tax at the rates stated in the provisions of the Finance Act. The payment of the Income Tax is to be calculated on the total income of the last year in the relevant financial assessment year. For the determination of the total income of an individual the residential status in India is a necessary parameter. Every Income Tax payer should file Tax Return under the existing law.

Consumption Tax

Consumption Tax is applicable on the consumption of any type of good or service. This particular tax is based on consumption and not on income or labor. The Consumption Tax can be regarded as a sales tax, as this tax is also regressive in nature like the other pure sales taxes. However, there are some remedies by which the Consumption Tax can be made progressive in nature. Some of the methods for reducing the regressive trait of this tax include use of exemptions, deductions, graduated rates, or rebates. This will in other terms allow accumulation of savings exempting the tax burdens.

Dividend Tax

Dividend Tax is type of an income tax which is levied on the payments made as the dividend to the shareholders of the company paying the tax. Dividends are the shares of the profit of the company which are the given to the shareholders.

The controversy arises here because dividend is nothing but the part of the profit of the company. The profit is the income of the company and a tax is paid on that income. Again, when the dividend is paid to the shareholders, a dividend tax is levied on them and so there is double taxation on the same income - once, tax is paid by the company and then the shareholder pays the tax on the same amount as well.

The dividend tax has become one of the major issues of debate in the financial market. Many of the countries are taking steps for abolishing the dividend tax as because the double taxation is not considered good for the economy. The dividend tax also poses a problem for the senior citizens and the retired personnel. Many financial experts are of the opinion that dividend tax should be abolished in order to develop the economy and a fair practice of taxation should be followed.

Endowment Tax

Over the years Indian companies have been asking for a break from endowment taxes so that they can provide the institutions with more funds. Prominent businessmen like Rajan Mittal, the Vice Chairman cum Managing Director of Bharati Enterprises have lent their support towards giving business organizations 100 percent break from endowment taxes.

He has reasoned that this benefit is necessary so that companies could contribute towards better research in the higher educational sector. His statements have found support from other well known names in the Indian business fraternity such as Amit Mitra, who works as the secretary general of the FICCI.

As of now, Indian companies can provide financial aid to educational institutions that are located outside the country as they are operated by trusts. In India, trusts that run educational set-ups can receive the benefit only if they are acknowledged as a section 25 organization as per the Income Tax Act or under the charities commissioner. Lot of companies provide financial aid to international education institutes and the main reason for this is the attitude of the Income Tax Department, which sees such transactions as tax evasion exercises. These business houses also prefer to be transparent when it comes to detailing the usage of funds spent by them.

Estate Tax of Inheritance Tax or Death Tax

Estate Tax, also referred as Death tax or Inheritance Tax, is gaining prominence with the boom in the real estate market across the world. The Estate Tax rates vary widely across countries all over the world.

It is recorded that Japan stands at the top offering a tax rate of 70%, followed by South Korea (50%), the US (46%), and 40% for France and UK each. Along with India, there are some other countries like China, Australia, Russia, and Malaysia, which do not levy Estate tax. It should be noted that Estate Tax or Estate Duty which was earlier incorporated in India in the year 1953, was taken away under the aegis of the then Finance Minister, V.P. Singh in the year 1985. The economic growth and flourishing capital markets in India have been generating an unprecedented boost for the Indian promoters. Still not like the other advanced market economies of the world, there is no Estate Tax in India. On the other hand, across the globe the Estate Tax, also known as the Death Tax, is very important.

In general, the Estate Tax is payable on the economic value of the accumulated savings and assets of a deceased person. This tax on Estate was framed with the objective to prevent the inheritors from a rich family to enjoy too much privilege as compared to the less advantageous in the society. The intention was to strike a balance and maintain inter- generation equity. On the other hand, many tax experts often ridicule this Estate Tax, as this is difficult to assess and collect.

Flat Tax, also known as Flat Rate Tax

By Flat Tax or Flat Rate Tax it is indicated that the taxes on household income and corporate profits are fixed at a constant rate. Generally household income below a statutorily fixed level on the basis of the type and size of the household, are exempted from paying Flat Taxes.

This type of Flat Taxes is not a proper Flat Tax as there is a discrepancy between the taxable income and the total income. Taxation on consumption can also be labeled as a Flat Tax. In the advanced economies, a tax is payable on the incomes of the households and corporate profits, as a result of which Flat Tax is not very common in these nations. The United States have initiated a quick move to reform its tax system as under the present condition of competition in the global economy the jobs and capital flow to with the initiation of better tax law. The nine countries of the former Soviet Bloc have taken up versions of the Flat Tax, which has been yielding excellent results for the growth and development of the respective economies.

In general, a Flat Tax is simple, fair, and sets a necessary parameter for the growth of a state economy. Flat Tax requires only two forms of postcard size, one for labor income and the other for business and capital income. Flat Tax provides equal treatment to all the taxpayers without any discrimination based on the source, use, and level of income. This is also beneficial, as Flat Tax would reduce marginal tax rates and abolish the tax bias against all forms of saving and investment. However, even this Flat Tax is not free from loopholes as the households on the basis of family sizes get an exemption from paying the stipulated tax.

Property Tax

The property taxes in India are normally imposed on the yearly value of the taxable assets. In case the income is rental, it will be subjected to the tax rates applicable for income from housing property.

If the property is held for professional or business reasons then the profits from the same will be subjected to taxes:

Property Tax Deductions

In India deductions from property taxes are provided in the following cases:
If 30% of the yearly value of the house has been used for maintenance and repairs
If the property has been bought, repaired, established, or renewed using loans. If the house has been remade using borrowed money then the interest paid on the same will be exempted from property taxes.
Concept of Deemed Owner
In few cases the assessee may not actually own the property but may be regarded as a deemed owner. In such instances, the assessee will be regarded as the property's owner and income generated from that property will be subjected to property taxes.

The following cases are regarded as being instances of deemed owners:

If an individual has handed over any property for a small compensation or has gifted it to a minor child or spouse. However, transfers to married daughters will not be considered.
Any individual who conforms to the provisions in the Section 53A of the Transfer of Property Act will be considered a deemed owner. This section focuses on situations whereby a building has been transferred but there is no proper registered agreement to document the transaction.
Owners of impartable estates are regarded as possessors of such property.
If an individual has leased a property for a minimum period of 12 years he or she will be regarded as a deemed owner.
Members of co-operative societies, companies and other associations who have been assigned a real estate property as per a house building scheme are considered as deemed owners.

Self Occupied Property
A property is regarded as a self owned one under the following circumstances:
If the property or a part of the same is owned for residential purposes
If the property or a certain portion of it is being used for business and professional reasons and the owner has to stay at another location

Co-owners
If a property is co-owned by 2 or more people the following factors come into play while deciding on the tax amount:
If the co-owners have definite and clear shares they will not be regarded as an association
The share of every individual who makes an income from the property will be included in the aggregate income of the co-owners.

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