Skip to main content

Holding Cos & HNIs Can Lower Tax with Higher Deductions

DECODING THE BUDGET In his Budget speech, the finance minister has announced a change in a specific rule that will lower taxable income

Many holding companies of business groups, corporates and MNCs with subsidiaries, and even individuals investing in stocks are awaiting a new `rule' that would allow them to lower tax outgo. The finance minister, in his Budget speech, has announced a change in a specific rule which, according to tax professionals, would allow higher deductions and lower taxable income.
According to tax laws, if an assessee earns income that is not chargeable to tax, then the corresponding expenditure for earning such exempt income is not permitted as deduction.Thus, an investment holding company or a corporate receiving dividend income -which is not taxed in the hands of the receiver -cannot deduct the interest cost on borrowings and administrative expenses to reduce tax burden.

But since many equity investments do not generate dividend, companies have been insisting that costs on borrowing and administration should be allowed as deduction. The Income-tax department has been denying this on the grounds that such investments, though not yielding any dividend today, are capable of earning dividend in future. The difference in opinion has led to several disputes between companies and the tax office.

In fact, tax professionals said about 20% of the corporate litigation is about disallowance under section 14A -the related Section in the Income tax law -due to differences in interpretation.

Consider this. A company borrows Rs10 crore at the rate of 10% to invest in four stocks -worth . 2.5 crore invested in each; of the ` four stocks, only one generates dividend income of say The company has an administrative expense of Rs 5 lakh and its `other income' from interest, royalty , and capital gains, is Rs5 crore. The company believes that its total taxable income is Rs 3.95 crore, which is other income of Rs 5 crore net of interest cost and administrative expense of Rs 10,500,000. But based on the total assets of the ` company (say Rs 12 crore here), the tax department claims tax on an additional income of Rs 85 lakh. Thus, to the taxman, the company's total taxable income is Rs 3.85 crore as offered Rs 4.75 crore, and by the company . The formula used by the tax officer to arrive at the taxable income is based on the total interest cost, investment in shares earning tax-exempt income, and total assets of a company .

The finance minister has proposed that the particular rule (Rule 8D) will be amended and disallowance of deductions will be limited to 1% of the average value of monthly investments yielding exempt income. In the above example, this investment is valued at Rs 2.5 crore (because only one out of four stocks is generating dividend income).

“Almost every holding company which has invested in subsidiaries are facing disallowance under section 14A of the I-T Act -which means they cannot treat the interest on borrowed money and some of the other expenses as deductible. Now, these expenses will be allowed as deductions even if the investments are not earning any dividend. Holding companies such as Tata Sons is expected to have a substantial gain,“ said senior chartered accountant Dilip Lakhani.

As per the Budget announcement, starting next year the tax department can make an addition of only Rs 2.5 lakh (i.e, 1% of Rs 2.5 crore) not Rs 85 lakh as it would have otherwise done. Thus, the taxable income of the company would be Rs 39,750,000, which is only Rs 2.5 lakh higher than the amount of . 3.95 crore that the company had offered to tax.

The Economic Times, New Delhi, 02 March 2016

Comments

Popular posts from this blog

Data storage norm splits digital payments industry

Data storage norm splits digital payments industry  India’s nascent digital payment industry could be thrown into disarray due to the demand by the Reserve Bank of India (RBI) that all user data be stored within the country, fears an industry grouping, which has termed the decision as “heavy-handed”, even as others, including the country’s largest digital payment provider Paytm, have hailed the move.  In a bid to narrow the growing schism, the industry is planning to send a formal representation to the regulator highlighting its concerns, a top official told ET.  “We are trying to build a consensus on the issue," said the person adding that the representation to the central bank will be ready this week.  RBI on April 6, mandated all payment companies—global and local—to set up data storage facilities within India by October. The stringent six-month deadline has attracted the ire of several sections of the industry that fear it will lead to a disruption of wel...

Sebi to finalise options in commodities today

The Commodity Derivatives Advisory Committee of the Securities and Exchange Board of India ( Sebi) will meet on Friday with senior officials of the latter, to give a final shape to the rules on options trading in commodity futures, beside revising the warehousing norms to ensure good delivery on settlement. The decision taken, after discussing with the advisory committee, will be placed before the regulator’s board, to finalise the regulations. According to knowledgeable sources, three commodities in each segment, agricultural and non- agricultural, have been proposed for introducing options. It appears commodities from the soya and guar segments are preferred in the former. From the non- agri segment, it is likely that gold, silver and crude oil will be finalised. All these These have better liquidity and both the National Commodity and Derivatives Exchange and the Multi Commodity Exchange, respectively, will be able to introduce the options. In the equity segments, options ar...

E tailers global warehouses may come under tax net

E tailers  global warehouses may come under tax net Warehouses of e-commerce companies based in countries such as Australia, Japan, Italy,  Spain, the Netherlands, and Russia may not be exempted from paying the income tax in India  once the multilateral instrument (MLI) to prevent base erosion and profit shifting (BEPS)  comes into force. BEPS refers to the reporting framework mooted by the Organisation for Economic  Co-operation and Development (OECD) and signed by over 100 countries, including India, to  prevent exploiting gaps and mismatches in tax rules to shift profits by multinational  companies (MNCs) artificially to low-tax regimes. The representatives of 68 countries on June 7 this year signed an agreement (MLI) in Paris  to amend their tax treaties to bring them in alignment with measures to prevent BEPS.  However, there is still time for synchronising tax treaties with the multilateral  instrument. India has submitte...