Taxation 23-24
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  1. New Income Tax Slabs as per Union Budget 2023:

 

Income Tax Slab

Income Tax Rates as per the new regime for HUF and all Individuals

<₹ 3,00,000

No Tax

₹ 3,00,001 to ₹ 6,00,000

5%

₹ 6,00,001 to ₹ 9,00,000

10%

₹ 9,00,001 to ₹ 12,00,000

15%

₹ 12,00,001 to ₹ 15,00,000

20%

>₹ 15,00,000

30%

  1. NOTES:
    • Individuals with a net taxable income of up to ₹ 7 lakh will be eligible for tax rebate u/s 87A under the new tax regime. The rebate limit remains at ₹ 5 lakh for individuals who choose to pay tax under the old regime.
  2. Income tax slab rate for Old Tax Regime :

Income Tax Slabs for Individuals

below 60 years and HUF:

Income Tax Slab

Tax Rates

<₹ 2,50,000

NIL

₹ 2,50,001 to ₹ 5,00,000

5%

₹ 5,00,001 to ₹ 10,00,000

20%

>₹ 10,00,000

30%

between 60 years and 80 years :

Income Tax Slab

Tax Rates

<₹ 3,00,000

NIL

₹ 3,00,001 to ₹ 5,00,000

5%

₹ 5,00,001 to ₹ 10,00,000

20%

>₹ 10,00,000

30%

above 80 years:

Income Tax Slab

Tax Rates

<₹ 5,00,000

NIL

₹ 5,00,001 to ₹ 10,00,000

20%

>₹ 10,00,000

30%


NOTE:

An additional 4% health and education cess is applicable on the tax amount.

    • Surcharge :

Surcharge applicable as per tax rates are listed below across all categories mentioned above:

    • 10% of Income Tax for income > ₹50 lakh
    • 15% of Income Tax for income > ₹1 crore
    • 25% of Income Tax for income > ₹2 crore
    • 37%* of Income Tax for income > ₹5 crore

The enhanced surcharge of 25% & 37%, as the case may be, is not levied, from income chargeable to tax under sections 111A, 112A and 115AD. Hence, the maximum rate of surcharge on tax payable on such incomes shall be 15%.

The maximum rate of surcharge on tax payable on dividend income or capital gain referred to in Section 112, shall be 15%. The surcharge rate for an Association of Persons (AOP) with all members as a company, shall be capped at 15%.

It is to be noted that relevant marginal relief from surcharge is available.

 

TAX REGIME SPECIFIC TO MUTUAL FUND INVESTORS IN INDIA

Applicable for the Financial Year 2023-24

I. TAX RATES FOR MUTUAL FUND INVESTORS

 

EQUITY ORIENTED FUNDS (Subject to STT3)

Tax Status of Investor Capital Gains Tax10 Tax on Distributed Income under Dividend Option TDS on Capital Gains6,7 TDS6,7 on Distributed Income Dividend Option
Short Term Long Term
Resident Individual /
HUF / AOP / BOI /
15% 10%$12 At the applicable Tax slab rate NIL 10%9
Domestic Companies
N R I s4 STCG - 15%
LTCG - 10%$12
20%2

OTHER THAN EQUITY ORIENTED FUNDS

Tax Status of Investor Capital Gains Tax11 Tax on Distributed Income under IDCW@ Option TDS on Capital Gains6,7 TDS6,7 on Distributed Income under IDCW@ Option
Short Term Long Term
Resident Individual / At the applicable Tax slab rate 20%* At the applicable Tax slab rate NIL 10%9
HUF / AOP / BOI /
Domestic Companies / Firms 15%13/ 22%14/ 25%15/ 30%
N R I s4 At the applicable Tax slab rate • 20*(Listed Units) • 10%$5(Unlisted Units) At the applicable Tax slab rate STCG – 30%LTCG –• 20*(Listed Units)• 10%$5(Unlisted Units)5 20%2

 

*With indexation $Without indexation@IDCW = Income Distribution cum Capital Withdrawal

Tax & TDS are subject to applicable Surcharge and Health & Education Cess at the rate of 4%. Please see the Notes below

NOTES:

  1. Provided that the mutual fund units are held as capital assets.
  2. Tax to be deducted at source at the rate of 20% [plus applicable surcharge, if any, and Health and Education Cess @ 4% on income-tax and surcharge] or at the rate specified under the relevant double tax avoidance agreement, whichever is lower as per section 196A of the Income tax Act, 1961 (‘the Act’).
  3. Securities Transaction Tax ('STT') is applicable only in respect of sale of units of Equity-oriented funds (EOFs) on a recognised stock exchange and on repurchase (redemption) of units of EOFs by the mutual fund. STT in not applicable in respect of purchase/ sale/ redemption of units of other schemes (other than EOFs).
  4. Non-resident individuals (NRI) shall be entitled to be governed by provisions of the applicable Tax Treaty, which India has entered with the country of residence of the NRI, if that is more beneficial than the provisions of the Act , subject to certain conditions. As per section 90(4) of the Act, a non-resident shall not be entitled to claim treaty benefits, unless the non-resident obtains a Tax Residency Certificate of being a resident of home country. Furthermore, as per section 90(5) of the Act, non-resident is also required to provide such other documents and information, as prescribed by CBDT, as applicable.
  5. As per section 112 of the Act, long-term capital gains in case of NRIs would be taxable @ 10% on transfer of capital assets, being unlisted securities, computed without giving effect to first and second proviso to section 48 i.e., without taking benefit of foreign currency fluctuation and indexation benefit.
  6. Relaxation to NRIs from deduction of tax at higher rate (except income distributed by mutual fund) in the absence of Permanent Account Number (PAN) is subject to the NRI providing specified information and documents. As per provisions of Section 206AA of the Act, if there is default on the part of a NRI (entitled to receive redemption proceeds from the Mutual Fund on which tax is deductible under Chapter XVII of the Act) to provide its PAN, the tax shall be deducted at higher of the following rates: i) rates specified in relevant provisions of the Act; or ii) rate or rates in force; or iii) rate of 20%. However, the provisions of section 206AA of the Act shall not apply, if the requirements as stated in Rule 37BC of the Income-tax Rules, 1962, are met.
  7. Section 206AB of the Act provides for higher rate for TDS for the non-filers of income-tax return. The TDS rate in this section is higher of the following rates: i) twice the rate specified in the relevant provision of the Act; or ii) twice the rate or rates in force; or iii) the rate of five per cent. However, the said provision does not apply to a non-resident who does not have a permanent establishment in India and a person who is not required to furnish the return of income for the assessment year relevant to the said previous year and is notified by the Central Government in the Official Gazette in this behalf.
  8. Surcharge Rate as a percentage of Income-tax

Tax Status

Income < ₹50 lakh

Income > ₹50 lakh but < /= ₹1 crore

Income > ₹1 crore but < /= ₹2 crore

Income > ₹2 crore but < /= ₹5 crore

Income > ₹5 crore

Individual / HUF/ AOP (resident & foreign)*

NIL

10%

15%

25%

37%

Tax Status

Income < /= ₹1 crore

Income > ₹1 crore, but < /= ₹10 crore

Income > ₹10 crore

-

-

Partnership Firm (Domestic / foreign)

NIL

12%

12%

-

-

Domestic company

NIL

7%

12%

-

-

Domestic company (opting for new tax regime)

NIL

10%

10%

-

-

Foreign company

NIL

2%

5%

-

-


  1. In addition, “Health and Education Cess” @ 4% shall be applicable on aggregate of base tax and surcharge.
    * The surcharge rate applicable to capital gains taxable under section 112, 112A and 111A of the Act is capped to 15%.
    *In case investor is opting for ‘New Tax Regime’ under section 115BAC (1A) of the Act , the rate of surcharge is capped at 25%.
    ** The surcharge rates in the case of an association of persons consisting of only companies as its members as under —
  2.  

Particulars

Rate

Income > ₹50 lakh but <= ₹1 crore  

10%

Income > ₹1 crore  

15%

  1. There shall be no TDS deductible if dividend income paid / credited in respect of units of a mutual fund is below ₹ 5,000 in a financial year.
  2. Capital gains arising on the transfer or redemption of equity-oriented units held for a period of more than 12 months, immediately preceding the date of transfer, should be regarded as 'long-term capital gains'. Finance Act 2023 has introduced section 50AA which provides that any gains on transfer / redemption of units of specified mutual funds acquired on or after 1 April 2023 are deemed as short-term capital gains. For the purposes of section 50AA, “specified mutual fund” means a mutual fund by whatever name called, where not more than 35% of its total proceeds is invested in the equity shares of domestic companies. An “equity-oriented fund” which invests in units of another fund instead of investing directly in equity shares of domestic company may be regarded as “specified mutual fund” as per section 50AA of the Act and taxed accordingly.
  3. Capital gains arising on transfer or redemption of Units of schemes other than EOF and other than specified mutual fund as per section 50AA of the Act shall be regarded as long-term capital gains, if such units are held for a period of more than 36 months immediately preceding the date of such transfer.
  4. As per section 112A of the Act, long-term capital gains on transfer of units of EOFs exceeding ₹ 100,000 shall be taxable @10% provided transfer of such units is subject to STT, without giving effect to first and second proviso to section 48 i.e., without taking benefit of foreign currency fluctuation and indexation benefit. Further, cost of acquisition to compute long-term capital gains is to be higher of (a) Actual cost of acquisition; and (b) Lower of (i) fair market value as on 31 January 2018; and (ii) full value of consideration received upon transfer.
  5. If a company decides to opt for the new taxation regime as per the Taxation Law Amendment Act, 2019, then tax shall be levied at the rate of 22%. i.e., the lower rate of 22% is optional and subject to fulfilment of certain conditions as provided in section 115BAA.
  6. The first proviso to Section 115BAB provides that any income which is not derived from nor is incidental to manufacturing or production of an article/ thing and in respect of which no specific tax rate is specified under Chapter XII of the Act, would be taxable at 22% and no deduction would be allowed while computing such income.
  7. Tax shall be levied @ 25%, if the total turnover or gross receipts of the financial year 2021-22 does not exceed ₹ 400 crores. Further, the domestic companies are subject to minimum alternate tax (except for those who opt for lower rate of tax of 22%) not specified in above tax rates.
  8. Securities Transaction Tax (STT) in respect of Units equity-oriented mutual fund Schemes
Transaction Rates Payable by
Purchase of units of equity-oriented mutual fund Nil Not Appliable
Sale of units of equity-oriented mutual fund (delivery based) 0.001% Seller
Sale of units of equity-oriented mutual fund (non-delivery based) 0.025% Seller
Sale of units of an equity-oriented fund to the Mutual Fund 0.001% Seller
  1. Various Categories of MF Schemes which fall under "Other than Equity Oriented Funds”:
    • Liquid Funds /Money Market Funds / Income Funds (Debt Funds) / Gilt Funds
    • Hybrid Fund (Equity exposure < 65%)
    • Gold ETFs / Bond ETF / Liquid ETF
    • Fund Of Funds (Domestic) other than Fund of funds as defined under the “Equity Oriented Fund” definition under section 112A of the Act
    • Fund Of Funds Investing Overseas
    • Infrastructure Debt Funds
    • Specified mutual funds as defined under section 50AA of the Act