When a company gives loan or advance to director holding more than 10% share in company.Suppose Loan of RS. 195000/- is given to director in previous year 2006-07 and same outstanding in P.Y. 2007-08. What will be accounting treatment to be shown in books and what will be the tax treatment in the hands of director/shareholder and company.
22 July 2008
The amount of advance can be treated as deemed dividend u/s 2(22)(e) of the Income Tax Act if the company is having accumulated profits available for distribution of dividends to the tune of advances. In that case the amount will be taxable in the hands of director/shareholder u/s 56 of the Income Tax Act. Also, the company will have to deduct Tax at Source u/s 194. Further, dividend distribution tax u/s 115O is not payable in such a case.
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