23/07/2024
*Highlights* of the *Finance (No. 2) Bill 2024*
By - CA Shrenik A Shah
A *Tax Rates*
1. *No changes* in the tax rates for the individuals opting for the *old tax regime*.
2. *No change* in rates of *surcharge and education cess*.
3. Under the *new tax regime* of Section 115BAC, the *5% and 10% tax slabs will apply to income up to Rs. 7 lakh and Rs. 10 lakh, respectively*, thereby increasing the *income brackets by Rs. 1,00,000 in both cases*. The *tax rates* under the *new tax regime* for Assessment Year *2025-26* will be as follows :-
Up to Rs. 3,00,000 - Nil
*Rs. 3,00,001 to Rs. 7,00,000 :- 5%*
*Rs. 7,00,001 to Rs. 10,00,000 :- 10%*
Rs. 10,00,001 to Rs. 12,00,000 :- 15%
Rs. 12, 00,001 to Rs.15,00,000 :- 20%
Above Rs. 15,00,000 :- 30%
4. The rate of tax in case of *foreign company* shall be reduced *from 40% to 35%*
B *Deductions and Exemptions*
1. The *standard deduction for employees* paying tax under the *new regime* is increased *from Rs. 50,000 to Rs. 75,000.*
2. Persons paying tax under the *new regime* of Section 115BAC will get a *deduction under Section 57 for the family pension* of *up to Rs. 25,000*, compared to *Rs. 15,000 previously*.
3. *Non-government employees* will be allowed a deduction under *Section 80CCD* for *employer's contributions to NPS of up to 14% of their salary*. This increased deduction applies only if the employee's salary is chargeable to tax under the *new regime* Section 115BAC. A consequential amendment has also been made under Section 36(1)(iva) to allow a deduction to employers.
4. Section *80G is amended* to *provide deduction* of any sums paid as donations to the *National Sports Development Fund set up by the Central Government*.
5. The definition of ‘specified funds’ for exemption under section 10(4D) is amended to include retail funds and Exchange Traded Funds in IFSC
6. The specified income of Core Settlement Guarantee Funds set up by recognized clearing corporations in IFSC will be exempted under Section 10(23EE) by amending the definition of "recognized clearing corporation".
7. The requirement to explain the source of funds to avoid addition under Section 68 does not apply if the amount is credited to a Venture Capital Fund or Venture Capital Company registered with SEBI. It is now proposed to extend this relaxation to VCFs regulated by the IFSCA.
C *Business or Profession*
1. *For the first Rs. 6,00,000 of book profit or in case of a loss*, the limit of *remuneration to working partners* in a partnership firm is *increased to Rs. 3,00,000 or 90% of the book profit, whichever is higher.*
2. A *new presumptive taxation* regime under Section *44BBC* will be introduced *for nonresidents operating cruise ships*. Also, income from lease rentals for a foreign company will be exempt under Section 10(15B) if both the foreign company and the cruise ship operator have the same holding company.
3. *To prevent insurance companies from claiming non-business expenses*, it is proposed to provide that any expenditure which is not admissible under the provisions of section 37 shall be included to (i.e. added back to) the profits and gains of the life insurance business.
4. *Any expenditure* incurred *to settle proceedings related to legal contraventions*, as notified by the Central Government, shall *not be allowed under section 37(1)*.
5. *Clarification* has been inserted under *Section 28* of the Income-tax Act that *any income from letting out a residential house or part thereof by the owner shall be chargeable under the head “Income from house property”* rather than “Profits or gain from business and profession
D *Capital gains*
1. There will *only be two holding periods, 12 months and 24 months*, for determining whether the capital gains is short-term capital gains or long term capital gains. *For all listed securities, the holding period shel be 12 months and for all other assets, it shall be 24 months.*
2. The *rate for short-term capital gains* under Section *111A* on STT-paid equity shares, units of equity-oriented mutual funds, and units of a business trust *increased to 20% from the current rate of 15%*.
3. The *tax rate on long-term capital gains is 12.5%* in respect of all category of assets
4. The *exemption from long-term capital gains* under Section *112A* on STT-paid equity shares, units of equity-oriented funds, and business trusts is *increased from Rs. 1,00,000 to Rs. 1,25,000*.
5. *Indexation* available *under second proviso to section 48 is removed* for calculation of any long-term capital gains.
6. Unlisted debentures and unlisted bonds are brought to tax at applicable rates by including them under provisions of section 50AA.
7. Sections 115AD, 115AB, 115AC, 115ACA, and 115E are amended to align with the new tax rates on long-term and short-term capital gains.
8. Only mutual funds that invest more than 65% of their total proceeds in debt and money market instruments will be covered under Section 50AA. Therefore, *ETFs, Gold Mutual Funds, and Gold ETFs will not be considered specified mutual funds*.
9. Section *47(iii) is amended* to specify that *only the transfer* of a capital asset *under a gift* or will, or by an irrevocable trust, *by an individual or HUF will not be considered a transfer*. Thus, *gifts made by a company will be subject to capital gains tax*
10. The amount received on the buy-back of shares is proposed to be taxed in the hands of the recipient shareholder under section 2(22)(f). However, the cost of acquisition of such shares will be treated as a capital loss, which shall be allowed to be set off or carried forward against any other capital gains as per the extant provisions.
11. Section 55(2)(ac) is proposed to be amended to substitute the cost of acquisition with the FMV in the case of the specified unlisted equity share transferred in an offer for sale to the public included in an IPO. The FMV would mean an amount which bears to the cost of acquisition the same proportion as CII for the financial year 2017-18 bears to the CII for the first year in which the asset was held by the assessee or for the year beginning on the first day of April 2001, whichever is later.
E *TDS & TCS*
1. A *new section 194T* has been introduced, requiring *10% TDS on salary, remuneration, interest, bonus, or commission payments to partners by a partnership firm*. TDS liability arises *if the total payments exceed Rs 20,000 in a financial year*.
2. *Purchasing notified luxury goods* *exceeding Rs. 10 lakh* will be *subject to TCS* under section 206C(1F).
3. In the case of *multiple transferors or transferees* in the transfer *of immovable property*, the *threshold* for tax deduction *under Section 194-IA* will be the *total sum paid or payable by all transferees to all transferors*.
4. *Section 193 TDS* will apply *while paying interest exceeding Rs. 10,000 on Floating Rate Savings Bonds* (FRSB) 2020 (Taxable) and any securities notified by the government.
5. *Income tax paid outside India* by way of deduction, *for which an assessee is allowed a credit* against the tax payable under the Act, *is deemed to be income received* for the purpose of computing the income of the assessee.
6. Any *sum referred to in sub-section (1) of section 194J* shall *not be treated as “work”* for the purposes of TDS under section *194C*.
7. *Credit of TCS of the minor shall be allowed* where the *income of the minor is being clubbed with the parent* under section 64(1A).
8. *No prosecution under section 276B* if the deductor *has deposited TDS before the due date prescribed for filing the TDS statement of the quarter*.
9. *5% TDS rate* under Section *194DA, 194G, 194H, 194-IB, 194M* has been *reduced to 2%.*
10. *TDS rate* under Section *194-O* on payment *by e-commerce operator to e-commerce participant* is *proposed to be reduced from 1% to 0.1%*.
11. *Section 194F* providing for TDS from payments on account of re-purchase of units by Mutual Fund or Unit Trust of India is *omitted*
12. *No order can be issued treating a person as assessee-in-default* for failing to deduct or collect tax *after six years* from the end of the financial year of payment or credit, *or two years* from the end of the financial year when the correction statement is delivered, *whichever is later*.
13. Section 200A is proposed to be amended to provide that in respect of TDS statements which have been made by any other person, not being a deductor, the Board may make a scheme for processing of such statements.
14. TCS credit will be allowed for the calculation of tax to be deducted from salary.
15. Lower TDS and TCS certificates can be applied for Section 194Q and Section 206C(1H).
16. Tax collection shall be at a lower rate or shall not be collected at all in respect of specified transactions, from persons or entities notified by the Central Government in the Official Gazette
17. The *interest rate is increased from 1% to 1.5%* where *TCS has been collected but not been deposited* to Government account.
18. A *TDS/TCS correction statement cannot be filed beyond six years* after the end of the financial year in which the original statements under Section 200 and Section 206C were filed.
Regards,
CA Shrenik A Shah
Chartered Accountant