Sunday, November 30, 2014

20 Quotes which can help you become an Achiever!

  1. Dream Big. Start small. Act now. 
  2. Victims make excuses. Leaders deliver results.
  3. Clarity breeds mastery.
  4. Education is inoculation against disruption.
  5. A problem is only a problem when viewed as a problem.
  6. All change is hard at first, messy in the middle and gorgeous at the end.
  7. If you’re not scared a lot you’re not doing very much.
  8. Where victims see adversity, extreme achievers see opportunity.
  9. The project you are most resisting carries your greatest growth.
  10. Small daily improvements over time lead to stunning results.
  11. Criticism is the price of ambition.
  12. Potential unexpressed turns to pain.
  13. Ordinary people love entertainment. Extraordinary people adore education.
  14. Your daily behavior reveals your deepest beliefs.
  15. The only failure is not trying.
  16. Focus is more valuable than IQ.
  17. To double your income, triple your investment in self-development.
  18. Your excuses are nothing more than the lies your fears have sold you.
  19. An addiction to distraction is the end of your creative production.
  20. Life is short. Be of use.
Thanks to Robin Sharma!

Thursday, November 27, 2014

HUF - What, Why & How?

What is HUF (Hindu Undivided Family)?


HUF is a family with husband, wife and children (and children’s spouses if any) living together. The property owned by this family will be through lineal ascendants or any ancestors. There are a set of laws that govern property ownership, marriages, taxation etc for a legally declared HUF. IT department of India has a format of taxation for a HUF; tax benefits can be availed from this format

Why HUF to Save Tax?


A very effective and legal way to save tax is to form a separate tax entity HUF i.e. Hindu Undivided Family. The creation of Hindu Undivided Family helps the tax payers to save their taxes in a legal manner. In India there are many families which are undivided and the incomes earned by such families are joint income as compared to Individual Incomes.

As these are joint incomes and not Individual Incomes, these incomes cannot be taxed in the hands of any specific individual and are therefore taxed in the hands of the whole family. As these are taxed in the hands of the family, the family has a separate PAN Card as compared to Individual members of the HUF who also have a separate PAN Card.

It is a well known fact that every individual member of the family specially the adult members of the family would enjoy a tax deduction up to Rs. 1,50,000 in under section 80C of the Income-tax Act, 1961.However, most of the prudent individuals are able to take the full advantage of the said section 80C of the Income-tax Act, 1961. 

Basically the logic behind forming an HUF to save tax is to avail the benefit of an extra PAN Card legally. As the Income of the Family is not taxed in the hands of any specific Individual, a new PAN Card is allotted to the HUF and Tax would be paid by the Family using this PAN Card.

As a new PAN Card would be allotted to the whole family, it will also enjoy the benefits of Income Tax Slab Rates i.e. Income would be Tax Free up to the specified limits and would then be taxed progressively at 10%, 20% & 30% resulting in tax saving.

How creating a Hindu Undivided Family Account would result in tax saving?


Example: 

Let’s assume there are 4 Members in a Family – Husband, Wife and 2 Children. The Income of the Husband is Rs. 30 Lakhs, Income of the Wife is Rs. 20 Lakhs. They also have a ancestral property from which they are earning rent of Rs. 8 Lakhs p.a.

The rent from such a property would either be taxed in hands of the Husband or the Wife or both.

Case 1: If taxed in the hands of the Husband, the husband who is currently in the 30% Income Tax Slab Category would be required to pay 30% of Rs. 8 Lakhs i.e. Rs. 2.4 Lakhs as Tax.

Case 2: If taxed in the hands of the Wife, the wife who is also currently in the 30% Income Tax Slab Category would be required to pay 30% of Rs. 8 Lakhs i.e. Rs. 2.4 Lakhs as Tax.

Case 3: If taxed equally in the hands of both Husband and Wife i.e. Rs. 4 Lakhs each, both the Husband and Wife would be required to pay tax @ 30% on Rs. 4 Lakh = 1.2 Lakhs each by both Husband and Wife thereby leading to a total tax outflow of Rs. 2.4 Lakhs.

However, there is a better way out by which you can plan your Income Tax. As this Income is arising from an asset which belongs to the whole family, this Income shall be taxed in the hands of the Family (provided an HUF is formed) and you would be able to enjoy the benefits of slab rates.

Case 4: If this Rental Income of Rs. 8 Lakhs is taxed in the hands of HUF, the tax payable by the HUF as computed as per the Slab Rates would be Rs. 70,000 to Rs. 80,000 (depending on the income tax deductions claimed by the HUF). Taxing this Rental Income in the hands of the HUF would lead to a Tax Saving of Rs. 1,80,000 p.a. (Rs. 2,40,000 – Rs. 60,000).

For easy understanding of the concept, we explained this article using only Rental Income, but there are many other Incomes as well which arise to the family as a whole wherein the concept of saving taxes by forming an HUF can also be applied.

Benefits and Drawbacks of forming an HUF

  1. The major advantage of creating a Hindu Undivided Family Account is that the family gets an extra PAN Card and can split the family income and thereby resulting in tax saving and reducing the tax outgo. This is the major reason why CA’s advise their clients to create a HUF and save taxes of upto Rs. 1.8 Lakhs every year (as explained above). Apart from getting tax deduction up to Rs. 1,50,000 for an individual, it is possible that if an HUF is created by that individual, he will be able to claim higher tax deduction and exemptions under the Income-tax Law because the new tax entity in the form of a Hindu Undivided Family will be eligible to claim separate tax deduction under section 80C of the Income-tax Act, 1961. Likewise, the dividend income and the Long-term Capital Gains on listed securities would also be exempted for such Hindu Undivided Family. The income from Short-term Capital Gain by this Hindu Undivided Family will also be eligible to a lower tax rate of 15 per cent tax only. 
  2. Various other tax benefits within the framework of the Income-tax Law are available for the Hindu Undivided Family to save tax. 
However it should be noted that there is a disadvantage as well and that is the fact that all assets of in the name of the Hindu Undivided Family are assets of the family and not of a specific individual. All members of the family have a right in the assets of the Hindu Undivided Family (including an unborn child in the womb of a mother).

Therefore proper caution should be exercised while gifting assets to the Hindu Undivided Family as the whole family would be having a share in the assets of the family as compared to the fact that if these assets were in the name of a specific individual – only that individual would have a right over that asset.

To be Continued...

Saturday, November 8, 2014

Documents Required for Loans by the Banks

 Term Loan

  1. Audited Financial Statement of last 3 years along with Income Tax Return Acknowledgement.
  2. Provisional Balance Sheet for the current year.
  3. Projection of Sales , Purchase, Stock & Raw Material Consumption for the next 5 years.
  4. Quotation of Machinery to be purchased.
  5. Installed Capacity, Licensed Capacity - existing & proposed, Envisaged Capacity Utilisation.
  6. Details of Raw Material requirement, calculation, how desired ?Source of supply and supply position. Cost of raw material supported by current quotation.
  7. Catalogue / Brochure of Machine.
  8. Maintenance arrangement & costs thereof.
  9. Project implement schedule.
  10. Cost already incurred.
  11. Sources of such expenditure.

Housing Loan

  1. Financial Statement of last 3 years along with Income Tax Return Acknowledgement.
  2. Provisional Balance Sheet for the Current Year.
  3. Copy of Pay Slip and Form No. 16.
  4. Agreement of Sale of House Property to be purchased.
  5. Copy of Last Municipal Tax Paid Receipt.
  6. Copy of Sanctioned Plan.
  7. Receipt of Advance Money Paid to Promoter/Seller.
  8. Collateral Security Offered.

Car Loan

  1. Financial Statement of last 3 years along with Income Tax Return Acknowledgement.
  2. Provisional Balance Sheet for the Current Year.
  3. Copy of Pay Slip and Form No. 16.
  4. Quotation of Car to be purchased.
  5. Receipt of Advance Money Paid to Seller.
  6. Statement showing repayment schedule.

Thursday, November 6, 2014

Relevant sections of Income Tax Act for Non Resident Indians to set-up business in India and residents dealing with NRIs.

S. No.

Section

Particulars

1
2
Definitions
2
4
Charge of income-tax.
3
5
Scope of total income.
4
6
Residence in India.
5
7
Income deemed to be received.
6
10
Incomes not included in total income
7
40(a)(i)
Amounts not deductible.
8
40(a) (iii)
Amounts not deductible.
9
90
Agreement with foreign countries or specified territories
10
90A
Adoption by Central Government of agreement between specified associations for double taxation relief.
11
91
Countries with which no agreement exists.
12
92
Computation of income from international transaction having regard to arm's length price.
13
9
Income deemed to accrue or arise in India.
14
28
Profits and gains of business or profession
15
44B
Special provision for computing profits and gains of shipping business in the case of non-residents
16
44BB
Special provision for computing profits and gains in connection with the business of exploration, etc., of mineral oils .
17
44BBA
Special provision for computing profits and gains of the business of operation of aircraft in the case of non-residents.
18
44BBB
Special provision for computing profits and gains of foreign companies engaged in the business of civil construction, etc., in certain turnkey power projects.
19
44C
Deduction of head office expenditure in the case of non-residents
20
44D
Special provisions for computing income by way of royalties, etc., in the case of foreign companies.
21
44DA
Special provision for computing income by way of royalties, etc., in case of non-residents.
22
45
Capital gains
23
47
Transactions not regarded as transfer
24
48
Mode of computation
25
49
Cost with reference to certain modes of acquisition
26
92A
Meaning of associated enterprise.
27
92B
Meaning of international transaction.
28
92BA
Meaning of specified domestic transaction.
29
92C
Computation of arm's length price
30
92CA
Reference to Transfer Pricing Officer.
31
92CB
Power of Board to make safe harbour rules.
32
92CC
Advance pricing agreement.
33
92CD
Effect to advance pricing agreement.
34
92D
Maintenance and keeping of information and document by persons entering into an international transaction [or specified domestic transaction]
35
92E
Report from an accountant to be furnished by persons entering into international transaction [or specified domestic transaction].
36
92F
Definitions of certain terms relevant to computation of arm's length price, etc.
37
93
Avoidance of income-tax by transactions resulting in transfer of income to non-residents.
38
94
Avoidance of tax by certain transactions in securities.
39
94A
Special measures in respect of transactions with persons located in notified jurisdictional area.
40
95
Applicability of General Anti-Avoidance Rule.
41
96
Impermissible avoidance arrangement.
42
97
Arrangement to lack commercial substance
43
98
Consequences of impermissible avoidance arrangement.
44
99
Treatment of connected person and accommodating party.
45
100
Application of this Chapter.
46
101
Framing of guidelines.
47
102
Definitions.
48
111A
Tax on short term capital gain in certain cases
49
112
Tax on long term capital gains
50
115A
Tax on dividends, royalty and technical service fees in the case of foreign companies.
51
115AB
Tax on income from units purchased in foreign currency or capital gains arising from their transfer
52
115AC
Tax on income from bonds or Global Depository Receipts purchased in foreign currency or capital gains arising from their transfer.
53
115ACA
Tax on income from Global Depository Receipts purchased in foreign currency or capital gains arising from their transfer
54
115AD
Tax on income of Foreign Institutional Investors from securities or capital gains arising from their transfer
55
115BBD
Tax on certain dividends received from foreign companies
56
115C
Definitions.
57
115E
Tax on investment income and long-term capital gains
58
115F
Capital gains on transfer of foreign exchange assets not to be charged in certain cases.
59
115G
Return of income not to be filed in certain cases.
60
115H
Benefit under Chapter to be available in certain cases even after the assessee becomes resident.
61
115JG
Conversion of an Indian branch of foreign company into subsidiary Indian company
62
139
Return of income
63
139A
Permanent account number
64
140
Return by whom to be signed
65
140A
Self-assessment
66
160
Representative assessee
67
161
Liability of representative assessee
68
162
Right of representative assessee to recover taxes paid
69
163
Who may be regarded as agent
70
166
Direct assessment or recovery not barred
71
167
Remedies against property in cases of representative assessee
72
172
Shipping business of non-residents.
73
173
Recovery of tax in respect of non-resident from his assets
74
174
Assessment of persons leaving India.
75
195
Other sums.
76
195A
Income payable "net of tax"
77
196A
Income in respect of units of non-residents
78
196B
Income from units.
79
196C
Income from foreign currency bonds or shares of Indian company.
80
196D
Income of Foreign Institutional Investors from securities.
81
197
Certificate of deduction at lower rate
82
199
Credit for tax deducted
83
200
Duty of person deducting tax
84
201
Consequences of failure to deduct or pay
85
204
Meaning of person responsible for paying
86
205
Bar against direct demand on assessee
87
206AA
Requirement to furnish Permanent Account Number
88
207
Liability for payment of advance tax
89
208
Conditions of liability to pay advance tax
90
209
Computation of advance tax
91
210
Payment of advance tax by the assessee of his own accord or in pursuance of order of Assessing Officer
92
211
Instalment of advance tax and due taxes
93
214
Interest payable by Government
94
215
Interest payable by assessee
95
216
Interest payable by assessee in case of under-estimate, etc.
96
217
Interest payable by assessee in case of under-estimate, etc.
97
218
When assessee deemed to be in default
98
219
Credit for advance tax
99
228A
Recovery of tax in pursuance of agreements with foreign countries.
100
234A
Interest for default in furnishing return of income
101
234B
Interest for default in payment of advance tax
102
234C
Interest for deferment of advance tax
103
245N
Definitions.
104
245-O
Authority for Advance Rulings.
105
245P
Vacancies, etc., not to invalidate proceedings.
106
245Q
Application for advance ruling.
107
245R
Procedure on receipt of application.
108
245RR
Appellate authority not to proceed in certain cases.
109
245S
Applicability of advance ruling.
110
245T
Advance ruling to be void in certain circumstances
111
245U
Powers of the Authority.
112
245V
Procedure of Authority
113
271BA
Penalty for failure to furnish report under section 92E.
114
271C
Penalty for failure to deduct tax at source
115
271G
Penalty for failure to furnish information or document under section 92D
116
285
Submission of statement by a non-resident having liaison office
117
115BBA
Tax on non-resident sportsmen or sports associations.
118
115D
Special provision for computation of total income of nonresidents.
119
115I
Chapter not to apply if the assessee so chooses.
120
115J
Special provisions relating to certain companies
121
115JA
Deemed income relating to certain companies
122
115JAA
Tax credit in respect of tax paid on deemed income relating to certain companies
123
115JB
Special provisions for payment of tax by certain companies
124
194E
Payments to non-resident sportsmen or sports associations.
125
220
When tax payable and when assessee deemed in default
126
221
Penalty payable when tax in default
127
222
Certificate to tax recovery officer
128
226
Other modes of recovery
129
230
Tax clearance certificate