Highlights of direct taxes code bill, 2010

Sk. Abdul Aziz (CA - Final) (811 Points)

03 August 2011  

 

HIGHLIGHTS OF DIRECT TAXES CODE BILL, 2010


  • Separate threshold exemption limits for men and women done away with. Common threshold limit of Rs. 2,00,000. For resident senior citizens, threshold increased from Rs. 2,40,000 to Rs. 2,50,000.
  • HRA exemption restored.
  • Employer's contributions to NPS (not exceeding 10% of salary), to approved superannuation fund (no limit - limit of 1,00,000 done away with), to approved PF (not exceeding 12% of salary), interest credited to approved fund not to be included in salary.
  • Only actual rent from house property to be taxed. Present system of taxing notional value called 'annual value' proposed to be done away with.
  • Interest on loan taken to repay housing loan deductible in calculating income from house property. This is in line with judicial interpretations.
  • Rent received in arrears to be included in the year of receipt, whether person in owner of property or not, after allowing 20% deduction towards repairs & maintenance.
  • Consideration received from transfer of carbon credits to be taxed as business income.
  • Remission or cessation of any liability by way of loan/deposit/advance/credit to be taxed as business income.
  • Scientific Research and Development in house facility expenses - weighted deduction proposed to be increased from 150% to 200%.
  • Transfer of land of a sick industrial company made under a scheme sanctioned under section 18 of SICA where such company is being managed by worker's co-operative not to attract capital gains tax.
  • Reverse mortgage under notified scheme to continue to be exempt from capital gains tax.
  • Exemption for long-term capital gains from equity shares/units of equity oriented mutual funds retained. STT to be retained.
  • Short-term capital gains (where equity shares/units are held for 1 year or less) - deduction of 50% to be are allowed and balance 50% taxed. Likewise short-term capital loss to be scaled down by 50%.
  • Deduction for interest on housing loan/loan taken for repair or renovation of house property upto limit of Rs. 1,50,000 in respect of one house pro-perty not let out. No deduction for re-payment of principal under the Code.
  • Limit for tax audits for professionals increased from Rs. 15 lakhs to Rs. 25 lakhs. Limit for tax audit for business increased from Rs. 60 lakhs to Rs. 1 crore.
  • TDS of 10% on payments in respect of life policies which are not exempt from tax from code.
  • Amount received by employee from NPS trust is tax-free. Thus, NPS which is taxed on EET basis is proposed to be made EEE (Exempt-Exempt-Exempt) for employees.
  • MAT rate - Increased from 15% of book profits to 20%. MAT Credit carry forward period increased from 10 years to 15 years.
  • DDT on dividend of domestic company - 15%.
  • DDT on incomedistributed by mutual fund/life insurance to unitholder/policy holder - 5%
  • Wealth tax - threshold increased from Rs. 30,00,000 to Rs. 1 crore. Tax rate will be 1% of net wealth in excess of Rs. 1 crore.
  • Direct Taxes Code : Tax Tables

    I. TAX PAYABLE AT VARIOUS LEVELS OF INCOME BY INDIVIDUALS (OTHER THAN WOMEN AND SENIOR CITIZENS) AND HUFs

    Income Tax liability under the Act (excluding EC and SHEC)
    (Rs.)
    Tax liability under the Code (excluding EC and SHEC)
    (Rs.)
    Tax savings (Rs.)

    200000

    4,000

    0

    4000

    300000

    14,000

    10,000

    4000

    400000

    24,000

    20,000

    4,000

    500000

    34,000

    30,000

    4000

    600000

    54,000

    50,000

    4000

    700000

    74,000

    70,000

    4000

    800000

    94,000

    90,000

    4000

    900000

    124,000

    110,000

    14000

    1000000

    154,000

    130,000

    24000

    1100000

    184,000

    160,000

    24000

    1200000

    214,000

    190,000

    24000

    1300000

    244,000

    220,000

    24000

    1400000

    274,000

    250,000

    24000

    1500000

    304,000

    280,000

    24000

    1600000

    334,000

    310,000

    24000

    1700000

    364,000

    340,000

    24000

    1800000

    394,000

    370,000

    24000

    1900000

    424,000

    400,000

    24000

    2000000

    454,000

    430,000

    24000

    2100000

    484,000

    460,000

    24000

    2200000

    514,000

    490,000

    24000

    2300000

    544,000

    520,000

    24000

    2400000

    574,000

    550,000

    24000

    2500000

    604,000

    580,000

    24000

    2600000

    634,000

    610,000

    24000

    2700000

    664,000

    640,000

    24000

    2800000

    694,000

    670,000

    24000

    2900000

    724,000

    700,000

    24000

    3000000

    754,000

    730,000

    24000

    3100000

    2,854,000

    2,830,000

    24000

    II. TAX PAYABLE AT VARIOUS LEVELS OF INCOME BY WOMEN RESIDENT IN INDIA AND NOT ATTAINED THE AGE OF 65 YEARS DURING THE FINANCIAL YEAR

    Income

    Tax liability under the Act (excluding EC and SHEC)
    (Rs.)

    Tax liability under the Code (excluding EC and SHEC)
    (Rs.)

    Tax savings (Rs.)

    1,90,000

    0

    0

    0

    2,00,000

    1,000

    0

    1000

    3,00,000

    11,000

    10,000

    1000

    4,00,000

    21,000

    20,000

    1000

    5,00,000

    31,000

    30,000

    1000

    6,00,000

    51,000

    50,000

    1000

    7,00,000

    71,000

    70,000

    1000

    8,00,000

    91,000

    90,000

    1000

    9,00,000

    121,000

    110,000

    11000

    10,00,000

    151,000

    130,000

    21000

    11,00,000

    181,000

    160,000

    21000

    12,00,000

    211,000

    190,000

    21000

    13,00,000

    241,000

    220,000

    21000

    14,00,000

    271,000

    250,000

    21000

    15,00,000

    301,000

    280,000

    21000

    16,00,000

    331,000

    310,000

    21000

    17,00,000

    361,000

    340,000

    21000

    18,00,000

    391,000

    370,000

    21000

    19,00,000

    421,000

    400,000

    21000

    20,00,000

    451,000

    430,000

    21000

    21,00,000

    481,000

    460,000

    21000

    22,00,000

    511,000

    490,000

    21000

    23,00,000

    541,000

    520,000

    21000

    24,00,000

    571,000

    550,000

    21000

    25,00,000

    601,000

    580,000

    21000

    26,00,000

    631,000

    610,000

    21000

    27,00,000

    661,000

    640,000

    21000

    28,00,000

    691,000

    670,000

    21000

    29,00,000

    721,000

    700,000

    21000

    30,00,000

    751,000

    730,000

    21000

    1,00,00,000

    2,851,000

    2,830,000

    21000

    III. TAX PAYABLE AT VARIOUS LEVELS OF INCOME BY SENIOR CITIZENS (I.E. INDIVIDUALS RESIDENT IN INDIA AND ATTAINED THE AGE OF 65 YEARS OR MORE ANYTIME DURING THE FINANCIAL YEAR)

    Income Tax liability under the Act (excluding EC and SHEC)
    (Rs.)
    Tax liability under the Code (excluding EC and SHEC)
    (Rs.)
    Tax savings (Rs.)

    2,40,000

    0

    0

    0

    2,50,000

    1,000

    0

    1000

    3,00,000

    6,000

    5,000

    1000

    4,00,000

    16,000

    15,000

    1000

    5,00,000

    26,000

    25,000

    1000

    6,00,000

    46,000

    45,000

    1000

    7,00,000

    66,000

    65,000

    1000

    8,00,000

    86,000

    85,000

    1000

    9,00,000

    116,000

    105,000

    11000

    10,00,000

    146,000

    125,000

    21000

    11,00,000

    176,000

    155,000

    21000

    12,00,000

    206,000

    185,000

    21000

    13,00,000

    236,000

    215,000

     

     

    Direct Taxes Code : TDS Tables

    Sr. No.

    Nature of Payment

    Rates of TDS where deductee is a resident

    Remarks

     

     

    The present rates

    Proposed rates under the Code

     

    1.

    Salary paid to employees

    Rates as per the slabs and rates prescribed by the Finance Act

    Average rate of tax on salary paid during the financial year

    __

    2.

    Payment in respect of works contract

    1% (where deductee is individual/HUF)
    2% (where deductee is person other than individual/HUF)

    2%

    __

    3.

    Payment in respect of any service contract

    __

    2%

    __

    4.

    Payment in respect of broadcasting and telecasting/advertising

    1% (where deductee is individual/HUF)
    2% (where deductee is person other than individual/HUF)

    2%

    __

    5.

    Supply of labour for carrying out any works, or service contract

    1% (where deductee is individual/HUF)
    2% (where deductee is person other than individual/HUF)

    2%

    __

    6.

    Payment in respect of carriage of goods and passengers by any mode of transport other than railways

    1% (where deductee is individual/HUF)
    2% (where deductee is person other than individual/HUF)

    2% (No deduction of TDS in case of carriage of goods by road if deductee furnishes PAN)

    __

    7.

    Interest

    10%

    10%

    __

    8.

    Dividend other than dividend on which DDT is payable

    10%

    10%

    __

    9.

    Commission, brokerage, remuneration or prize (by whatever name called) for rendering any services

    10%

    10%

    __

    10.

    Fees for professional or technical services

    10%

    10%

    __

    11.

    Payment for royalty or non-compete fees

    10%

    10%

    __

    12.

    Compensation on compulsory acquisition of immovable property other than agricultural land

    10%

    10%

    __

    13.

    Rent for the use of machinery or plant or equipment

    2%

    2%

    __

    14.

    Rent for use of land or building (including factory building) or land appurtenant to a building (including factory building) or furniture or fittings

    10%

    10%

    __

    15.

    Winning from any lottery or crossword puzzle or card game or other game of any sort

    30%

    30%

    __

    16.

    Winnings from any horse race

    30%

    30%

    __

    17.

    Income distributed by mutual fund on which income distribution tax is not paid

    __

    10% (where deductee is individual/HUF)
    20% (where deductee is person other than individual/ HUF)

    Threshold for not deducting TDS-where payment to unitholder does not exceed Rs. 10,000 in any financial year. TDS proposed to be introduced for 1st time. No TDS in 1961 Act at present on this payment.

    18.

    Payment by a life-insurer where payment under life policy is not tax-exempt

    __

    10% (where deductee is individual/HUF)
    20% (where deductee is person other than individual/HUF)

    Threshold for not deducting TDS-where payment to policyholder does not exceed Rs. 10,000 in any financial year. TDS proposed to be introduced for 1st time. No TDS in 1961 Act at present on this payment.