The Indian Parliament has replaced the previous Income Tax Bill with a revised version, aimed at removing ambiguities and aligning the law with the existing Income Tax Act. The new bill is expected to simplify the complex tax structure and reduce compliance burdens. Here's an overview of some important provisions in the revised bill, effective from April 1, 2026:
Significant changes to note
·
Residential Status for Indian Citizens: The
second condition for determining residency, specifically for crew members of
Indian ships with income exceeding INR 15 Lakhs, has been removed. The revised
conditions for residency are 182 days or more in India or 365 days in the
previous four years.
·
Expanded Definition of Royalty: The
term "royalty" now explicitly includes the "grant" of all
or any such right, encompassing a broader range of intellectual property usage.
·
Broadened Scope of Business Connection: The
definition of "business connection" now encompasses "significant
business economic presence" and even "partial business
connection", which could expand the taxability of non-residents operating
in India.
·
Indirect Transfer Definition Includes Assets
and Business Connections: The definition of indirect transfer has been
expanded to include any assets and business connections, potentially affecting
a wider range of transactions involving indirect transfer of assets.
·
Reinstatement of 80M Deduction: The
Section 80M deduction for inter-corporate dividends is now available for
companies taxed at 22%, which can help reduce the tax burden for holding
companies and corporate groups.
·
Mandatory Bookkeeping for Individuals &
HUFs: Individuals and Hindu Undivided Families (HUFs) with turnovers
exceeding INR 25 Lakhs are now required to maintain books of accounts.
·
Reduced Time Limit for Revised E-TDS Returns: The
deadline for filing revised E-TDS returns has been shortened from six years to
two years, promoting faster reconciliation and potentially reducing errors.
·
Mandatory ITR Filing for Non-Individuals
& Non-HUFs: All persons other than Individuals and HUFs are now
mandatorily required to file income tax returns before the due date,
irrespective of whether they have taxable income or not.
·
Pre-Intimation Communication Mechanism: A
separate pre-intimation communication mechanism has been introduced, where a
draft intimation is provided to the taxpayer, requiring a response within 30
days. This is intended to offer greater transparency and provide taxpayers with
an opportunity to address potential discrepancies before final assessments are
made.
Note: Tax
Team is currently reviewing the new Income Tax Bill and will provide further
updates on its potential impact on the group and its employees as more detailed
information becomes available.
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