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Showing posts with label Finance Act 2017. Show all posts
Showing posts with label Finance Act 2017. Show all posts
Tuesday, April 25, 2017
new changes in income tax fy 2017-18

new changes in income tax fy 2017-18



INCOME TAX – KEY CHANGES AND ACTION POINTS FOR THE FY 2017-18 (AY 2018-19)

Finance Act 2017
  1. Finance Bill 2017 has been passed by both the houses of parliament and received assent from the President of India on 31st March, 2017 and became Finance Act 2017
  2. Far reaching changes have been made in the Finance Act and Income Tax (Amendment) Act, 2016
  3. Imposed huge penalties followed by prosecution for contravention
  4. We would like to bring few important highlights for your attention and further compliance
RESTRICTION ON CASH TRANSACTIONS

  • Limit for disallowance of business expenditure made in cash is reduced from Rs 20,000 to Rs 10,000 made to a person per day. (Limit of Rs 35,000 for payment made to transporters however continues)
  • Above dis allowance is extended on capital expenditure also by restricting depreciation and Capital Expenditure on R & D.
Read Full Article: Limits on Cash Transactions

RESTRICTION ON CASH RECEIPTS


  • No person shall receive Rs 2 lacs or more
  • Penalty at 100% of the amount involved
  • Covers all cash receipts be it cash sales, advance for sales, lease  advance, etc.
Read Full Article: Restriction on Cash Receipts


HOUSE PROPERTY INCOME

  • House Property Loss can be set off against other head of Income only up to Rs 2 lacs in the same year, balance loss has to be C/f to 8 AY's for set off against house property income only.
Read Full Article: House Property under Income Tax

CAPITAL GAINS
  1. In case of immovable properties Holding period reduced from 36 months to 24 months to qualify as long term capital asset .( please note that other capital assets like jewellery holding period should be 3 years for claiming Long Term)
  2. Joint Development agreements will be chargeable to tax in the year of receipt of completion certificate in the hands of the Individual or HUF.
  3. In case asset sold before issue of certificate by competent authority capital gains tax shall be charged in the year in which such transfer takes place.
  4. TDS @ 10% would attract on payments made under JDA
Read Full Article: Capital Gains F.Y: 2017-18

DEPRECIATION
  1. CBDT issued a Notification on 7th March, 2017 imposing cap on depreciation rates as under:
  2. Highest rate of Depreciation has been restricted to 40 per cent w.e.f financial year 2017-18. Impact can be understood as under:

OTHER SOURCES
  1. Dividend Received From Domestic Companies by all resident assessees (other than dividend received by Domestic Companies and Charitable Trusts) in excess of Rs 10 lacs chargeable to tax at 10% in the hands of the receiver.
  2. Disallowance of expenditure such as rent, interest, etc. is extended to “Income from Other Sources” also if TDS is not deducted from payments made to residents.
Read Full Article: Other Sources Under Finance Act 2017
               

TDS/TCS  CHANGES


  • Non Tax Audit individuals / HUF Assesses paying rent exceeding Rs 50,000/- to deduct TDS @ 5% once in a year through Challan cum return statement, without procuring TAN.
  • Any person paying consideration (other than in kind) under Joint Development Agreement shall deduct tax @ 10 %.
  • In case of TCS:
Read Full Article: New TDS or TCS Changes


TAX ON PRESUMPTIVE BASIS


  • In case of businesses opting for taxing on presumptive basis, existing rate of deemed total income of 8% reduced to 6% of turnover received by an A/c payee cheque/ Draft/ ECS during the PY or before due date of filing of return of income. (This is effective even for Sales during the FY 2016-17) 

   
UNEXPLAINED INCOME 

  1. Unexplained Credit [Liability side of Balance Sheet is not justified].
  2. Unexplained Investments [Asset being money?s worth not recorded in Balance Sheet ].
  3. Unexplained money etc. [Asset being money not recorded in Balance Sheet ]
  4. Investments, etc.. not fully disclosed in Books Of Accounts [Asset being money?s worth not fully recorded in Balance Sheet ]

Read Full Article: Unexplained Income

AIR/SFTR REPORTING
  1. Annual Information reporting (AIR) renamed as Specified Financial Transaction Reporting (SFTR). Earlier applicable to banks, MF's etc. , now extended even to tax audit assessees.
  2. Receipt of cash of Rs 2 Lacs or more against sale of goods or services of any nature. Clarification from GOI the limit is per transaction.
  3. Return to be filed in Form 61A. Return for FY ended March 31,2017 to be filed on or before May 31,2017.
  4. Penalty of Rs 100/day for not filing the SFTRA within time prescribed.
TAXATION OF GIFTS/ DEEMED GIFTS   
  1. Cash gift in excess of Rs 50,000/-
  2. Immovable Property in excess of Rs 50,000 as a gift
  3. Immovable property at a consideration which is lesser than Stamp Duty value of Property by more than Rs 50,000.
  4. Other than immovable Property (.i.e. shares, jewellery, paintings, etc.) in excess of Rs 50,000 as a gift
  5. Other than immovable Property at a consideration which is lesser than Stamp Duty value of Property by more than Rs 50,000..
Read Full Article: Tax Rates of Gift Tax

    Income Tax Slab Rates For A.Y: 2018-19
    1. Tax Rate For Firms/LLP'S – 30% + Surcharge At 12% For TI In Excess Of 1    Crore
    2. Tax Rates For Domestic Companies
    3. 25% If Total Turnover Or Gross Receipts < 50 Crores In 2015-16
    4. 30% In Case Of Turnover Or Gross Receipts > 50 Crores In 2015-16
    5. Surcharge Of 7% In Case Of TI In Excess Of 1 Crore But Less Than 10 Crores, at 12% In Case Of TI In Excess Of 10 Crores
    6. MAT Rate Continues At 18.5% but tax credit for MAT extended  from 10 to 15 years
    7. DDT Rate @ 20.358% [(15%+12% Surcharge) X 3% Cess with Grossing Up] Dagliya & Co

    Dagliya & Co.,
    Charted Accountants



    Read More »
    Friday, April 21, 2017
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    discourage cash transactions and curb black money


    Various legislative steps have been taken by the Finance Act, 2017 to curb black money by discouraging cash transaction and by promoting digital economy. 

    These prominently include placing restriction on cash transaction by introduction of New Sections 269ST & 271DA to the Income-tax Act. It has been provided that no person (other than those specified therein) shall receive an amount of two lakh rupees or more, 

    (a) in aggregate from a person in a day; 
    (b) in respect of a single transaction; or 
    (c) in respect of transactions relating to one event or occasion from a person, 

    otherwise than by an account payee cheque or account payee bank draft or use of electronic clearing system through a bank account. 

    Any contravention to the said provision shall attract penalty of a sum equal to the amount of such receipt. However, the said restriction is not applicable to any receipt by Government, banking company, post office savings bank or co-operative bank. It has also been decided that the restriction on cash transaction shall not apply to withdrawal of cash from a bank, co-operative bank or a post office savings bank. Necessary notification in this regard is being issued. 

    It has also been provided that any capital expenditure in cash exceeding rupees ten thousand shall not be eligible for claiming depreciation allowance or investment-linked deduction. Similarly, the limit on revenue expenditure in cash has been reduced from Rs.20,000 to Rs.10,000. 

    In order to promote digital payments in case of small unorganized businesses, the rate of presumptive taxation has been reduced from 8% to 6% for the amount of turnover realised through cheque/digital mode. 

    Restriction on receipt of cash donation up to Rs. 2000 has been provided on political parties for availing exemption from Income-tax. Further, it has also mandated that any donation in cash exceeding Rs.2000 to a charitable institution shall not be allowed as a deduction under the Income-tax Act
    Read More »
    Thursday, April 20, 2017
    house property under income tax

    house property under income tax


    • House Property Loss can be set off against other head of Income only up to INR two lacs in the same year, balance loss has to be carry forward to eight assessment year's for set off against house property income only. 



    • No notional income from House Property held as stock-in-trade for the period upto one year from the end of the financial year in which the certificate of completion of construction of property is obtained from competent authority. 


    Example: X Developers completes construction of five flats on 01.04.2017, obtains certificate of completion from BBMP and the flats remains unsold, then tax treatment would be as under: 


    Dagliya & Co.,
    Charted Accountants

    Read More »
    new depreciation rates fy 2016-17 and 2017-18

    new depreciation rates fy 2016-17 and 2017-18

    Depreciation
    • CBDT issued a Notification on 7th March, 2017 imposing cap on depreciation rates as under:
    • Highest rate of Depreciation has been restricted to 40 per cent w.e.f financial year 2017-18. Impact can be understood as under:
    rate of depreciation on computer, energy devices, pollution control equipment



    Read More »
    unexplained income

    unexplained income

    Source of unexplained  Income
    1. Unexplained Credit [Liability side of Balance Sheet is not justified].
    2. Unexplained Investments [Asset being money?s worth not recorded in Balance Sheet ].
    3. Unexplained money etc. [Asset being money not recorded in Balance Sheet ]
    4. Investments, etc.. not fully disclosed in Books Of Accounts [Asset being money?s worth not fully recorded in Balance Sheet ]
    5. Unexplained expenditure [P&L debit not recorded leading to source not being taxed]
    6. Amount borrowed / repaid on hundi other than A/c Payee Cheque
    Consequences of unexplained  Income
    1. Increase in rate of tax & SC on income from unexplained sources from 30% to 60% + 25% Penalty on income
    2. Assesse now permitted to disclose such income on his own in Income Tax Returns. Earlier, it was considered AO's prerogative to invoke this provision.
    3. Penalty in case of income from unexplained source –10% of tax payable u/s.115BBE may be levied by AO.
    4. NA if assesse voluntarily declares such income & pays required advance tax.
    5. Tax implications under different situations are depicted in pictorial diagram in the next slide.

    Dagliya & Co.,
    Charted Accountants
    Read More »
    Wednesday, April 19, 2017
    capital gains fy: 2017-18

    capital gains fy: 2017-18

    Also Read
    FINANCE ACT 2017: TDS & TCS CHANGES
    TAXATION OF GIFTS/ DEEMED GIFTS
    FINANCE Act, 2017 – OTHER SOURCES
    Capital Gains Key Changes FY: 2017-18/AY: 2018-19

    Dagliya & Co.,
    Charted Accountants

    KEY  CHANGES - CAPITAL GAINS - F.Y:2017-18 /A.Y: 2018-19
    • In case of immovable properties Holding period reduced from 36 months to 24 months to qualify as long term capital asset .( please note that other capital assets like jewellery holding period should be 3 years for claiming Long Term)

    tax on capital gains u/s 54_54ec
     
    • Joint Development agreements will be chargeable to tax in the year of receipt of completion certificate in the hands of the Individual or HUF.
    • In case asset sold before issue of certificate by competent authority capital gains tax shall be charged in the year in which such transfer takes place.
    • TDS @ 10% would attract on payments made under JDA 


    tax rate on capital gains

    • Shift in the base year from 1981 to 2001 for computation of Capital Gains. That is for assets purchased prior to 01.04.2001 indexation benefit will be available on Cost or FMV whichever is higher as on 01.04.2001.  
    • Tax exemption will be available on reinvestment of capital gains in any other notified redeemable bonds (in addition to investment in NHAI and REC) 
    • However maximum amount that can be invested continues to be Rs 50 Lacs. 
    • Exemption of Long Term Capital gain on sale of listed company shares through Stock exchange if STT is paid is amended, that such shares acquired on or after 1st Oct 2004, exemption will be available only if STT is paid at the time of acquisition. Also, List of exceptions is expected to be notified soon. 
    • One must establish that either shares were purchased prior to 1st Oct 2004 or produce evidence that STT was paid at the time of purchase. 
    • Fair Market Value (FMV) deemed to be full value of consideration for arriving at Capital Gains where consideration for transfer of unquoted company is lower than FMV of such shares. 

     new rates on capital gains
    Read More »
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    finance act 2017 other sources

    FINANCE Act, 2017 – OTHER SOURCES
    1. Dividend Received From Domestic Companies by all resident assessees (other than dividend received by Domestic Companies and Charitable Trusts) in excess of Rs 10 lacs chargeable to tax at 10% in the hands of the receiver.
    2. Disallowance of expenditure such as rent, interest, etc. is extended to “Income from Other Sources” also if TDS is not deducted from payments made to residents.
    3. Example: Ravi Enterprises earns interest income of Rs 1,00,000/-under Income from Other Sources and incurs an expenditure of Rs
    4. 60,000/- towards interest paid. In case Ravi Enterprises does not deduct TDS on the interest paid of Rs 60,000/-, 30% of Rs 60,000/- = Rs 18,000/- will be disallowed expenditure.
    Read More »
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    tds changes in finance act 2017

    FINANCE Act, 2017 – TDS/TCS    CHANGES
    • Non Tax Audit individuals / HUF Assesses paying rent exceeding Rs 50,000/- to deduct TDS @ 5% once in a year through Challan cum return statement, without procuring TAN.
    • Any person paying consideration (other than in kind) under Joint Development Agreement shall deduct tax @ 10 %.
    • In case of TCS:
    1. Person paying – [Payer], to give PAN Number to person responsible for collecting TCS [Collector], failing which tax shall be collected @ twice the rate or at 5% Which ever Is High.
    2. Declaration filed U/s.206C(1A) [TCS not to be made for specified goods – If it is not for trading purposes] is invalid unless payer furnishes his PAN
    3. Mandatory quoting of PAN by both collector and payer in all correspondence, bills and vouchers
     Also Read 

    Read More »
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