Thursday 26 September 2019

brief introduction to domestic company under income tax act


Meaning​
As per Section 2(22A)​, "domestic company" means an Indian company, or any other company which, in respect of its income liable to tax under this Act, has made the prescribed arrangements for the declaration and payment, within India, of the dividends (including dividends on preference shares) payable out of such income

Tax Rates
A. Income-tax
·         In the case of a domestic company 30 % of the total income;
·         but in case total turnover or the gross receipt in the previous year 2017-18 does not exceed Rs. 400 crore than the rate of tax will be 25% In the case of a domestic company

The amount of income-tax computed shall, be increased by a surcharge,-

Surcharge rate :
Particulars
Tax Rate
If total income exceeds Rs. 1 crore but not Rs. 10 Crore
7% of tax calculated on domestic company/ 2 % of tax calculated on foreign company as per above rates
If total income exceeds Rs. 10 crore
12% of tax calculated on domestic company/ 5 % of tax calculated on foreign company as per above rates



Provided that in the case of every company having a total income exceeding one crore rupees but not exceeding ten crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees :

Provided further that in the case of every company having a total income exceeding ten crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax and surcharge on a total income of ten crore rupees by more than the amount of income that exceeds ten crore rupees.
Health and Education Cess
The amount of income-tax as increased by the applicable surcharge, shall be further increased by "Health and Education Cess on income-tax", calculated at the rate of four per cent of such income-tax and surcharge
B. Minimum Alternate Tax
A company shall be liable to pay MAT @ 18.5% of book profit (plus surchage and health and Education Cess as applicable) where the normal tax liability of the company is less than 18.5% of book profit.
Dividend Distribution Tax (DDT)
Companies are required to pay tax on the dividend distributed to the shareholders in a particular year. This dividend is exempted in the hands of shareholders upto an amount of Rs. 10 lakh but the companies have to pay tax @ 20.56 %.
New Updates
The Centre slashed effective corporate tax to 25.17 per cent, inclusive of all cess and surcharges, for domestic companies. Making the announcement, Finance Minister  said the new tax rate will be applicable from the current fiscal which began on April 1.

·         New provision inserted in the income tax act with effect from fiscal year 2019-20, that allows any domestic company to pay income tax at the rate of 22% subject to condition they will not avail any incentive or exemptions.
·         Manufacturing companies set up after October 1 to get option to pay 15% tax. Effective tax rate for new manufacturing firms to be 17.01% inclusive of surcharge & tax.
·         Listed companies that have announced buyback before July 5, 2019, tax on buyback of shares will not be charged
·         Higher surcharge will also not apply on capital gains on sale of security including derivatives held by FPIs
·         Enhanced surcharge will not apply to capital gains arising on equity sale or equity-oriented funds liable to STT stabilise flow of funds into capital markets
·         To provide relief to companies availing of concessions and benefits, a MAT relief by reducing it from 18% to 15%
·         CSR 2% spending to include government, PSU incubators and public funded education entities, IITs

New domestic manufacturing companies incorporated after October 1, can pay income tax at a rate of 15 per cent without any incentives. Meaning, effective tax rate for new manufacturing companies will be 17.01 per cent inclusive of all surcharge and cess.

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