Income Tax in India: Taxes in India can be categorized as direct and indirect taxes. Direct tax is a tax you pay on your income directly to the government. Indirect tax is a tax that somebody else collects on your behalf and pays to the government eg. restaurants, theaters and e-commerce websites recover taxes from you on goods you purchase or a service you avail. This tax is, in turn, passed down to the government. Direct Taxes are broadly classified as :
Income Tax – This is taxes an individual or a Hindu Undivided Family or any taxpayer other than companies, pay on the income received. The law prescribes the rate at which such income should be taxed
Corporate Tax – This is the tax that companies pay on the profits they make from their businesses. Here again, a specific rate of tax for corporate has been prescribed by the income tax laws of India
Everyone who earns or gets an income in India is subject to income tax. (Yes, be it a resident or a non-resident of India ). Also read our article on Income Tax for NRIs. Your income could be salary, pension or could be from a savings account that’s quietly accumulating a 4% interest. Even, winners of ‘Kaun Banega Crorepati’ have to pay tax on their prize money. For simpler classification, the Income Tax Department breaks down income into five heads:
Head of Income Nature of Income covered
Income from Salary Income from salary and pension are covered under here
Income from Other Sources Income from savings bank account interest, fixed deposits.
Income from House Property This is rental income mostly
Income from Capital Gains Income from sale of a capital asset such as shares, house.
Income from Business and Profession This is when you are self-employed or work as a freelancer.
sourceThere are three categories of individual taxpayers:
Individuals (below the age of 60 years), which includes residents as well as non-residents
Resident senior citizens (60 years and above but below the age of 80 years)
Resident super senior citizens (above 80 years of age)
Up to ₹2,50,000* Nil
₹2,50,001 to ₹5,00,000 5% of total income exceeding ₹2,50,000
₹5,00,001 to ₹10,00,000 ₹12,500 + 20% of total income exceeding ₹5,00,000
Above ₹10,00,000 ₹1,12,500 + 30% of total income exceeding ₹10,00,000
No tax for individuals with income less than ₹ 2,50,000
0%-5% tax with income ₹ 2.5 lacs to 5 lacs for different age groups
20% tax with income ₹ 5 lacs to 10 lacs
30% tax with income above ₹ 10 lacs
A tax rebate under section 87A is allowed to individual taxpayers a maximum amount of:
– Rs 2,500 for total income up to Rs 3.5 lakh for FY 2018-19
– Rs 12,500 for total income up to Rs 5 lakh for FY 2019-20
Investments upto ₹ 1.5 lacs under Sec 80C can save ₹ 46,800 in taxes.
Note : An additional 4% Health & education cess will be applicable on the tax amount calculated as above.
Income up to Rs 3,00,000* No tax
Income from Rs 3,00,000 – Rs 5,00,000 5%
Income from Rs 5,00,000 – 10,00,000 20%
Income more than Rs 10,00,000 30%
Note : An additional 4% Health & education cess will be applicable on the tax amount calculated as above.
Income up to Rs 5,00,000* No tax
Income from Rs 5,00,000 – 10,00,000 20%
Income more than Rs 10,00,000 30%
Note : An additional 4% Health & education cess will be applicable on the tax amount calculated as above.
Net income exceeds Rs 50 lakh but doesn’t exceed Rs 1 crore 10%
Net income above Rs 1 crore but doesn’t exceed Rs 2 crore 15%
Net income exceeds Rs 2 crore but doesn’t exceed Rs 5 crore 25%
Net income exceeds Rs 5 crore 37%
Gross turnover upto 400 Cr. in the FY 2017-18 25%
Gross turnover exceeding 400 Cr. in the FY 2017-18 30%
Where the company opted for Section 115BA 25%
Where the company opted for Section 115BAA 22%
Where the company opted for Section 115BAB 15%
In addition cess and surcharge is levied as follows:
Cess: 4% of corporate tax
Surcharge applicable:
Net income exceeds Rs.1 Crore but doesn’t exceed Rs.10 Crore 7%
Net income exceeds Rs.10 Crore 12%
However, the rate of surcharge in case of a company opting for taxability under Section 115BAA or Section 115BAB shall be 10% irrespective of amount of total income.
sourceBudget 2020 has announced a new tax regime giving taxpayers an option to pay taxes as per the new tax slabs from FY 2020-21 on wards.
Up to Rs 2.5 lakh NIL
Rs 2.5 lakh to Rs 5 lakh 5% (Tax rebate of Rs 12,500 available under section 87A)
Rs 5 lakh to Rs 7.5 lakh 10%
Rs 7.5 lakh to Rs 10 lakh 15%
Rs 10 lakh to Rs 12.5 lakh 20%
Rs 12.5 lakh to Rs 15 lakh 25%
Rs 15 lakh and above 30%
Note: The tax calculated on the basis of such rates will be subject to health and education cess of 4%.
Any individual opting to be taxed under the new tax regime from FY 2020-21 onwards will have to give up certain exemptions and deductions.
Here is the list of exemptions and deductions that a taxpayer will have to give up while choosing the new tax regime.
Leave Travel Allowance (LTA)
House Rent Allowance (HRA)
Conveyance
Daily expenses in the course of employment
Relocation allowance
Helper allowance
Children education allowance
Other special allowances [Section 10(14)]
Standard deduction
Professional tax
Interest on housing loan (Section 24)
Chapter VI-A deduction (80C,80D, 80E and so on) (Except Section 80CCD(2) and 80JJA)
Points to remember while opting for the new tax regime:
Option to be exercised on or before the due date of filing return of income for AY 2021-22
In case a taxpayer has a business income and exercised the option, he/she can withdraw from the option only once. A business taxpayer withdrawing from the optional tax regime has to follow the regular income tax slabs.
Select Which Tax Regime is Beneficial for You Click Here to Compare Tax Regimes for You
Income Tax Return (ITR) is a form in which the taxpayers file information about his income earned and tax applicable to the income tax department. The department has notified 7 various forms i.e. ITR 1, ITR 2, ITR 3, ITR 4, ITR 5, ITR 6 & ITR 7 till date. Every taxpayer should file his ITR on or before the specified due date. The applicability of ITR forms varies depending on the sources of income of the taxpayer, the amount of the income earned and the category the taxpayer belongs to like individuals, HUF, company, etc.
It is mandatory to file income tax returns (ITR) in India if any of the conditions mentioned below are applicable to you:
1. If your gross annual income is more than-
Particulars Amount
For individuals below 60 years Rs 2.5 Lakh
For individuals above 60 years but below 80 years Rs 3.0 Lakh
For individuals above 80 years Rs 5.0 Lakh
2. If you have more than one source of income like house property, capital gains etc.
3. If you want to claim an income tax refund from the department.
4. If you have earned from or have invested in foreign assets during the FY.
5. If you wish to apply for visa or a loan
6. If the taxpayer is a company or a firm, irrespective of profit or loss.
sourceThis Return Form is for a resident individual whose total income for the assessment year 2018-19 includes:
Income from Salary/ Pension; or
Income from One House Property (excluding cases where loss is brought forward from previous years); or
Income from Other Sources (excluding Winning from Lottery and Income from Race Horses)
Agricultural income up to Rs.5000.
Total income exceeding Rs 50 lakh
Agricultural income exceeding Rs 5000
If you have taxable capital gains
If you have income from business or profession
Having income from more than one house property
If you are a Director in a company
If you have had investments in unlisted equity shares at any time during the financial year
Owning assets (including financial interest in any entity) outside India) if you are a resident, including signing authority in any account located outside India
If you are a resident not ordinarily resident (RNOR) and non-resident
Having foreign assets or foreign income
If you are assessable in respect of income of another person in respect of which tax is deducted in the hands of the other person.
ITR 2 is for the use of an individual or a Hindu Undivided Family (HUF) whose total income for the AY 2018-19 includes:
Income from Salary/Pension; or
Income from House Property; or
Income from Other Sources (including Winnings from Lottery and Income from Race Horses).
(Total income from the above should be more than Rs 50 Lakhs)
If you are an Individual Director in a company
If you have had investments in unlisted equity shares at any time during the financial year
Being a resident not ordinarily resident (RNOR) and non-resident
Income from Capital Gains; or
Foreign Assets/Foreign income
Agricultural income more than Rs 5,000
Further, in a case where the income of another person like one’s spouse, child etc. is to be clubbed with the income of the assesse, this Return Form can be used where such income falls in any of the above categories.
This Return Form should not be used by an individual whose total income for the AY 2018-19 includes Income from Business or Profession.
The Current ITR3 Form is to be used by an individual or a Hindu Undivided Family who have income from proprietary business or are carrying on profession. The persons having income from following sources are eligible to file ITR 3 :
Carrying on a business or profession
If you are an Individual Director in a company
If you have had investments in unlisted equity shares at any time during the financial year
Return may include income from House property, Salary/Pension and Income from other sources
Income of a person as a partner in the firm
The current ITR 4 is applicable to individuals and HUFs, Partnership firms (other than LLPs) which are residents having income from a business or profession. It also include those who have opted for the presumptive income scheme as per Section 44AD, Section 44ADA and Section 44AE of the Income Tax Act. However, if the turnover of the business exceeds Rs 2 crore, the taxpayer will have to file ITR-3.
If your total income exceeds Rs 50 lakh
Having income from more than one house property
If you have any brought forward loss or loss to be carried forward under any head of income
Owning any foreign asset
If you have signing authority in any account located outside India
Having income from any source outside India
If you are a Director in a company
If you have had investments in unlisted equity shares at any time during the financial year
Being a resident not ordinarily resident (RNOR) and non-resident
Having foreign assets or foreign income
If you are assessable in respect of income of another person in respect of which tax is deducted in the hands of the other person.
ITR 5 is for firms, LLPs (Limited Liability Partnership), AOPs (Association of Persons), BOIs (Body of Individuals), Artificial Juridical Person (AJP), Estate of deceased, Estate of insolvent, Business trust and investment fund.
For Companies other than companies claiming exemption under section 11 (Income from property held for charitable or religious purposes), this return has to be filed electronically only.
For persons including companies required to furnish return under section 139(4A) or section 139(4B) or section 139(4C) or section 139(4D) or section 139(4E) or section 139(4F).
Return under section 139(4A) is required to be filed by every person in receipt of income derived from property held under trust or other legal obligation wholly for charitable or religious purposes or in part only for such purposes.
Return under section 139(4B) is required to be filed by a political party if the total income without giving effect to the provisions of section 139A exceeds the maximum amount, not chargeable to income-tax.
Return under section 139(4C) is required to be filed by every –
Scientific research association;
News agency ;
Association or institution referred to in section 10(23A);
Institution referred to in section 10(23B);
Fund or institution or university or other educational institution or any hospital or other medical institution.
Return under section 139(4D) is required to be filed by every university, college or other institution, which is not required to furnish return of income or loss under any other provision of this section.
Return under section 139(4E) must be filed by every business trust which is not required to furnish return of income or loss under any other provisions of this section.
Return under section 139(4F) must be filed by any investment fund referred to in section 115UB. It is not required to furnish return of income or loss under any other provisions of this section.
TDS or Tax Deducted at Source is income tax reduced from the money paid at the time of making specified payments such as rent, commission, professional fees, salary, interest etc. by the persons making such payments.
Usually, the person receiving income is liable to pay income tax. But the government with the help of Tax Deducted at Source provisions makes sure that income tax is deducted in advance from the payments being made by you.
The recipient of income receives the net amount (after reducing TDS). The recipient will add the gross amount to his income and the amount of TDS is adjusted against his final tax liability. The recipient takes credit of the amount already deducted and paid on his behalf.
The Tax Deducted at Source must be deposited to the government by 7th of the subsequent month. However, the TDS deducted in the month of March can be deposited till 30th April.
sourceFiling Tax Deducted at Source returns is mandatory for all the persons who have deducted TDS. TDS return is to be submitted quarterly and various details need to be furnished like TAN, amount of TDS deducted, type of payment, PAN of deductee, etc. Also, different forms are prescribed for filing returns depending upon the purpose of the deduction of TDS. Various types of return forms are as follows:
Form 24Q (TDS on Salary) and Form 26Q (TDS except salary)
TDS on all payments except Sale of Property and Payment of Rent.
Q1 – 31st July
Q2 – 31st October
Q3 – 31st January
Q4 – 31st May
Form 26QB (TDS on Sale of Property) & Form 26QC (TDS on Payment of Rent)
30 days from the end of the month in which TDS is deducted.
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