Message to visitors

Pl send your request to https://www.facebook.com/hemant.das.585 for joining facebook group ICWA inter students.

Friday, September 13, 2013

Direct Taxes - Salary (perquisite) .. [in progress]



Direct Tax –Salary – Perquisite
1.   Rent-free House :
a.  Govt. employees - Perquisite value is license fee.
b.  Non-govt. employees (if house owned by employer) – Perquisite value is 15% (for city’s population > 25 lakh), 10% (for city’s population between 10 to 25 lakh) and 7.5% (for city’s population < 10 lakh)
c.  Non-govt. employees (if house taken on lease by employer) – Perquisite value is 15% or lease rent whichever is lower.
d.  If furniture is also provided in house to govt. or non-govt. employee, 10% of the cost of furniture or annual rent of furniture (if any) paid by employer.
e.  Special  Cases : (i) No tax for house in remote area,  (ii) Hotel accommodation – 24% of salary or hotel tariff whichever is lower but it is tax-free for 15 days in case of transfer  (iii) Two rent-free houses in case of transfer – One of the house is tax-free for 90 days at the option of employee, (iv) Rent-free house is always tax-free in cases of Union Minister, Leader of Opposition in Parliament, official of Parliament, High Court or Supreme Court Judge, Chairman or member in UPSC.

2.  Free Domestic Servant/ Gas, electricity or water supplied after purchasing from outside                      agency : Perquisite taxable = Actual amount spent by employer minus Amount recovered.

3. Free educational facility : (i) If provided at outside – expenses incurred by the employer, (ii) If educational institution owned/maintained by employer – Up to Rs. 1,000/= per child is not taxable.

4. LTC – 2 journeys in block of 4 years is free based on actual expenditure for shortest route

5. Interest-fee/ Concessional loan: (i) Taxable @ SBI lending rate at maximum outstanding balance at the end of each month, (ii) Not taxable up to Rs. 20,000/= original loan, (iii) Loan given given in rule 3A for medical treatment of employee or his family is not taxable

6. Use of employer’s movable asset: (i) Taxable perquisite is 10% p.a. of actual cost of asset. (ii) Use of Computer/ laptop not taxable.

7. Sale of movable asset : (i) Taxable perquisite = Actual cost – normal wear & tear – Sale consideration, (ii) Normal wear & tear is 50% p.a  in case of Computer/ electronic item  and 20% p.a.in case of Car in both cases by reducing installment method whereas is 10% p.a. in case of other items.

8. Medical facility : Not taxable (i) If hospital is owned/maintained by employer, (ii) In case of govt. hospital or private hospitals approved/ recognized by govt. (iii) medical insurance premium paid or reimbursed by the employer, (iv) Up to Rs.15,000/- for medical expenses incurred or reimbursed by the employer in other cases, (v) For non-specified employees, (vi)For treatment outside India if a few conditions are satisfied. 

Salary - Cash component ... (in progress)



Direct Tax – Salary
1.      Leave Encashment for non-govt. employees (other than central and state govt.) will be exempt as least of the following four figures :- [1] Rs. 3,00,000/=, [2] 30 days x (no. of years of completed service), [3] 10 months average salary, [4] Amount actually received.
 Fully exempt for govt. employees.

2.      Gratuity for non-govt. employee (other than central, state, local authority and statutory body) will be exempt as least of the following three figures :- [1] Rs. 10,00,000/=, [2]15 days salary x (no. of years of completed service), [3] Amount actually received.
Fully exempt for govt. employees.
Note: completed years of service will be actual complete year in case of employees not covered under Payment of  Gratuity Act whereas completed year means only 6 months or more in case of employees covered under Payment of Gratuity Act.

3.      Commutation of Pension for non-govt. employee (other than central, state, local authority and statutory body) will be exempt [1] One-third of normal pension if employee also received gratuity, [2] One-half of normal pension if employee does not receive gratuity.

4.      Contribution to NPS : is exempt as [1] Employer’s contribution - Up to 10% of salary, [2] Employee’s contribution – up to 10% of salary (pay + DA)

5.      Provident Fund : Employer’s contribution up to 10% of salary and interest up to notified rate (9.5%) will be exempt.

6.      Retrenchment compensation : least of [1] amount calculated u/s 25F of the Industrial Dispute Act, [2] Rs. 5,00,000/=

7.      VRS  Compensation :  exempt up to Rs. 5 lakh but it should not exceed more of [1] 3 months salary x no. of completed years of service, [2] salary for the months remaining months before normal retirement date.

8.      Salary from UNO or up to 2 years only for  teacher/ researcher from a SAARC  member Countries are exempt.

9.      HRA : Exempt up to least of [1] 50% (for metros) or 40% (for other cities) of salary,  [2] Rent paid – 10% of salary, [3] Actual HRA received

10.   Entertainment allowance : Exempt as least of [1] Rs. 5,000/= , [2] 20% of salary, [3] entertainment allowance

11.   CEA : Exempt up to Rs. 100 p.m. per child up to two children only. Hostel All. Of Rs. 300 p.m. each is in addition to this.

12.   Transport Allownace: Rs. 800/= p.m. in normal case and Rs. 1,600/= p.m. in case of blind or orthopaedically handicapped.  But for transport employees, allowance is exempt up to being lesser of [1] Rs. 10,000/= [2] 70% of the allowance.

13.   Tribal Area Allowance : Up to Rs. 200/= p.m.

14.   Other exemptions : [1] Foreign allowance is exempt if amount is paid to Indian citizen for rendering service outside of India. [2] Sumptuary all. To serving chairman/member of UPSC  are exempt but for retired chairman/member it is exempt up to Rs. 14,000/= only.

Thursday, August 29, 2013

Direct Taxes - Capital Gains - Some tricky points about exemptions u/s 54 etc.

1.  Only individual or HUF can claim exemption under  Sec 54, 54B (agricultural land), 54F (other than residential house) and 54GB (equity shares of eligible cos.

2.  Other four exemptions viz 54D (compulsory acquisition), 54EC (NHAI, REC),          54G(urban to rural), 54GA (urban to SEZ) can be claimed by any taxpayer.

3.  Only proportionate exemption will be allowed in case of 54F and 54GB (equity      
 shares) 

4.  Time-limit for acquiring new asset is :-
--- only 6 months in case of 54EC (NHAI,,REC), 
--- before furnishing the return for investor in eligible co. and One Year for eligible Co. in      case of 54GB (equity shares)
--- three years forward in case of 54D (Compulsory acquisition).

5. .In  other cases, the above time-limit is 1 year backward, 2 years forward for purchase and 3 years forward for construction.

6.  Retention-  Shares of eligible Cos. should not be transferred within 5 years of acquisition and the eligible companies also should not transfer new asset within 5 years from acquisition in case of 54GB.

7.   In other cases, the new asset should not be transferred within 3 years of its acquisition.

8.  And, in case of 54F, no more than required one  residential house property should be purchased within 2 years (or constructed within 3 years) of the transfer of the original asset.





Tuesday, August 27, 2013

Return of Income and Procedures of Assessment (... in progress)

Q.1 : If a person has income (without giving effect to any exemption or deduction) is more than basic exemption but after giving effect to such exemptions u/s 10A/10B or deduction u/s 80C to 80U it comes to lower than basic exemption limit, will he have to file I. T. return?

Ans. Yes.
-------

Q.2 :Does a company require to file its Return of Income every year without any regard to its income in the relevant PY?

Ans. Yes.
-------

Q.3 : Who are required to file Return of Income by 30 Nov and 30 Sept respectively?
Ans. Co./Autidted Case/ Working Partner  - 30th Sept
International transaction or specified domestic transaction u/s 92E  - 30th Nov
Other assesses       - 31st July
--------