Personal Income Tax: New slabs proposed are good for the taxpayers with little or hardly any investments in tax saving instruments or who has not availed housing/education loans. According to CBDT Chairman, both old and new slabs would run concurrently till some years, however, intention is to phase out the exemptions and deductions over a period of time. While a taxpayer has the option to choose between existing tax regime and new tax regime, salaried persons will have the option to change from old to new and vice-versa till the time old tax regime is phased out, however, business persons will not have option of coming back to old tax regime post opting for new regime. There are no different slabs for Senior Citizens or Super Senior Citizens in new regime unlike existing tax regime. Senior Citizens with higher income, HUF or taxpayers with lower investments/savings under various sections would be real beneficiary of the new tax regime. Surcharge and education cess rates would remain unchanged in the new tax regime also.
Dividend Distribution Tax: Acceding to the demand of the Stock Market and as recommended by Direct Tax Code (DTC), FM has proposed to abolish Dividend Distribution Tax (DDT) for the domestic companies. Dividend Income will now be added to the taxable income of the recipient, and taxed at the slab rates. New provision of TDS @10% on dividend income exceeding Rs 5,000/-, from Equity Shares or Equity Mutual Funds, is proposed to be introduced from the FY20-21. According to the Government, DDT abolition is likely to result is loss of revenue to the extent of Rs 25,000 crore.
Resident Status: An Indian citizen shall be deemed to be resident in India, if he is not liable to be taxed in any country or jurisdiction. India follows residency-based tax regime and not a source based tax regime. Hence, any income earned by Indian Passport holders, including Merchant Navy and Maritime employees, would be liable to tax, though it was earned outside India, unless there is tax avoidance treaty in place between those countries and India. Under extant IT rules, an Indian Citizen or Person of Indian Origin (PIO), who being outside India, becomes resident when he/she stays in India for at least 182 days or current year stay is 120 days or more and 365 days or more in the preceding 4 financial years. A resident in India would be treated as not ordinarily resident if he/she has been non-resident in India for 7 out of 10 preceding financial years. While non-residents and not ordinarily residents are taxed in India for domestic income, ordinarily residents are liable to be taxed on their global income.
Taxation of Employer Contributions: When Employers’ contribution towards recognized Provident fund, notified Pension Scheme or approved Superannuation fund exceeds Rs 750,000/- in a financial year, the incremental portion would be considered as taxable perquisite in the hands of employee. This would, generally, be applicable for super rich category of employees drawing higher component of salary, attracting terminal benefits.
ESOP Taxation to eligible start-ups: While existing domestic companies allotting ESOPs to its employees are taxable at the time of its exercise, eligible start-ups will have to pay tax within 14 days post (a) 5 years from the end of financial year when ESOPs are exercised, or (b) date of sale of security exercised by the employee or (c) date of cessation of the employment, whichever is earliest.
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