ARTICLE
5 February 2020

Union Budget 2020 – Direct Tax – An Analysis

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Economic Laws Practice

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Economic Laws Practice is a full service law firm in India. A Tier 1 firm, ELP boasts a strength of 54 partners across seven offices in India. Consistently, adapting to the changing regulatory and business environment, ELP has been recognized as one of the fastest growing law firms in India.
The Hon'ble Finance Minister presented the Union Budget 2020 on February 1st. The attached booklet contains an analysis of key announcements which will have impact on businesses.
India Tax
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DIRECT TAX

INCOME TAX RATES

No changes proposed in the slabs of personal tax rate. Accordingly, the rate of tax as applicable for AY 2021-22 is as under:

Income (INR) Existing and Proposed Rates (%)
Individuals (Age < 60 years) and HUF, BOI, AOP Individual senior citizens (Age > 60 years < 80 years) Individual super senior citizens (Age > 80 years)
– 2,50000 NIL NIL NIL
250,001 – 300,000 5 NIL NIL
300,001 – 500,000 5 5 NIL
500,001 – 1,000,000 20 20 20
1,000,001 and above 30 30 30

An alternative conditional personal income-tax regime has been proposed. This would be available as an option to the above existing tax regime. The rate of tax applicable under the proposed regime are as under:

Income (INR) Proposed Rates (%)
Individuals and HUF
0 - 250,000 NIL
250,001 - 500,000 5
500,001 - 750,000 10
750,001 - 1,000,000 15
1,000,001 - 1,250,000 20
1,250,001 – 1,500,000 25
1,500,001 and above 30

Rebate, Surcharge & Cess

Sr. No. Particulars Existing & Proposed
1 Rebate
  • INR 12,500 – If total income does not exceed INR 500,000
2 Surcharge (for income other than Capital Gains)
  • 10% - If total income > INR 5 million but ≤ INR 10 million
  • 15% - If total income > INR 10 million, but ≤ INR 20 million
  • 25% - If total income > INR 20 million, but ≤ INR 50 million
  • 37% - If total income > INR 50 million
3 Surcharge (for Capital Gains – i.e. Section 111A & 112A of the IT Act)
  • 10% - If total income > INR 5 million but ≤ INR 10 million
  • 15% - If total income > INR 10 million
4 Cess - Health and Education cess
  • 4%
5 AMT
(including surcharge and cess)
  • 19.24% - If adjusted total income > INR 2 million, but ≤ INR 5 million
  • 21.16% - If adjusted total income > INR 5 million, but ≤ INR 10 million
  • 22.13% - If adjusted total income > INR 10 million, but ≤ INR 20 million
  • 24.05% - If adjusted total income > INR 20 million, but ≤ INR 50 million
  • 26.36% - If adjusted total income > INR 50 million

Below is a comparative analysis of these alternative regimes:

Particulars Existing Proposed Existing Proposed
Total Income > INR 1 million Total Income > INR 1 million Total Income > INR 1.5 million Total Income > INR 1.5 million
Total Income (assumed) 1,000,000 1,000,000 2,500,000 2,500,000
Deduction under Section 80C (1,50,000) - (1,50,000) -
Net total Income 8,50,000 1,000,000 23,50,000 2,500,000
Total Tax payable

(as per slab rates)

82,500 75,000 5,17,500 4,87,500
Add: Health & Education Cess (@4%) 3,300 3,000 20,700 19,500
Total tax payable 85,800 78,000 5,38,200 5,07,000
Effective tax rate (i.e. total tax payable/ total income) 8.58% 7.80% 21.53% 20.28%

For Companies, Firms, LLP

Sr. No. Description Existing rates (%)
(Including surcharge & Cess)
Proposed rates (%)
(Including surcharge & Cess)
(A) Domestic Companies Net income ≤ INR 1 crore Net Income > INR 1 crore, but ≤ INR 10 crore Net income > INR 10 crore Net income ≤ INR 1 crore Net Income > INR 1 crore, but ≤ INR 10 crore Net income > INR 10 crore
1 Turnover or gross receipts in previous year 2017-18 ≤ INR 400 crore (base rate – 30%) 26.00 27.82 29.12 26.00 27.82 29.12
2 Covered under Section 115BA (base rate – 25%) 26.00 27.82 29.12 26.00 27.82 29.12
3 Covered under Section 115BAA (base rate – 22%) 25.17 25.17
4 Covered under Section 115BAB (base rate – 15%) 17.16 17.16
5 Any other Company having turnover or gross receipts in previous year 2017-18 > INR 400 crore 31.20 33.38 34.94 31.20 33.38 34.94
6 MAT under Section 115JB

for companies other than that covered under Section 115BAA and 115BAB (Rate to be applied on book profits – base rate 15%)

15.60 16.69 17.47 15.60 16.69 17.47
7 BBT under Section 115QA

(base rate -20%)

23.30 23.30
8 DDT under Section 115-O

(without grossing up; base rate – 15%)

17.47 Nil
(B) Foreign Companies Net income ≤ INR 1 crore Net Income > INR 1 crore, but ≤ INR 10 crore Net income > INR 10 crore Net income ≤ INR 1 crore Net Income > INR 1 crore, but ≤ INR 10 crore Net income > INR 10 crore
1 Regular tax (base rate – 40%) 41.60 42.43 43.68 41.60 42.43 43.68
(C) Firms and LLP Net income ≤ INR 1 crore Net income > INR 1 crore Net income ≤ INR 1 crore Net income > INR 1 crore
1 Regular tax (base rate – 30%) 31.2 34.94 31.2 34.94
Adjusted total income ≤ INR 1 crore Adjusted total income > INR 1 crore Adjusted total income ≤ INR 1 crore Adjusted total income > INR 1 crore
2 AMT (base rate – 18.5%) 19.24 21.55 19.24 21.55

Surcharge and Cess

Particulars Existing & Proposed
Other domestic companies
  • NIL - If total income ≤ INR 1 crore
  • 7% - If total income > INR 1 crore, but ≤ INR 10 crore
  • 12% - If total income > INR 10 crore
For Domestic companies covered under Section 115BAA and Section 115BAB of the IT Act
  • 10% - Irrespective of the amount of total income
For Foreign companies
  • NIL - If total income ≤ INR 1 crore
  • 2% - If total income > INR 1 crore, but ≤ INR 10 crore
  • 5% - If total income > INR 10 crore
For Firms and LLP
  • 12% - If total income > INR 1 crore
Cess - Health and Education cess
  • 4%

Download: Union Budget 2020 – Direct Tax – An Analysis

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ARTICLE
5 February 2020

Union Budget 2020 – Direct Tax – An Analysis

India Tax

Contributor

Economic Laws Practice is a full service law firm in India. A Tier 1 firm, ELP boasts a strength of 54 partners across seven offices in India. Consistently, adapting to the changing regulatory and business environment, ELP has been recognized as one of the fastest growing law firms in India.
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