Frequently Asked Questions
Income tax e-filing simplifies the process of submitting your Income Tax Returns (ITR) by utilizing the internet. Rather than visiting the Income Tax Department in person with physical documents, you can conveniently complete the procedure from anywhere with internet access. This method involves electronically transmitting your tax information to the Income Tax Department’s website for assessment. By leveraging this digital platform, the entire process becomes more efficient, enabling quicker turnaround times. Additionally, if you’re eligible for a tax refund, e-filing can expedite the refund process, ensuring you receive it promptly.
Determining who needs to file an income tax return is essential for ensuring compliance with tax regulations. Here’s a breakdown of individuals who should consider filing:
• Individuals whose total income surpasses the exemption threshold are obligated to file. This threshold represents a predefined income limit; exceeding it necessitates filing a return.
• Senior citizens enjoy a higher exemption threshold, affording them more leeway before filing becomes mandatory.
• Non-Resident Indians (NRIs) must file a tax return if their Indian income exceeds the exemption threshold.
• Even individuals with untaxed income or income below the limit may find filing beneficial for accessing loans or visas.
Filing a return serves as a means of transparently disclosing income to the government and ensuring accurate tax payment. Maintaining clarity with the Income Tax Department is crucial in this regard.
Engaging in online Income Tax Return (ITR) filing offers a streamlined process. Here’s a simplified guide to completing it:
Step 1: Account Setup • Access the income tax portal and either register with your Permanent Account Number (PAN) or log in if you already have an account.
Step 2: Document Preparation • Gather essential documents, including PAN, Aadhaar, bank details, and Form 16 (if applicable), which provides salary tax deduction details.
Step 3: Form Selection • Choose the appropriate ITR form matching your income profile, as different forms cater to various income sources.
Step 4: Data Entry • Proceed to fill in personal information, income particulars, deductions, and tax payments on the chosen form.
Step 5: Verification • Ensure accuracy by thoroughly reviewing all entered information to prevent errors.
Step 6: Submission • Submit your completed ITR directly through the portal.
Step 7: Authentication • Complete the e-verification process via methods such as Aadhaar OTP, net banking, or digital signature to finalize your return.
Distinguishing between TDS (Tax Deducted at Source) filing and ITR (Income Tax Return) filing is crucial for understanding tax procedures:
TDS operates as a tax deduction mechanism where the payer withholds taxes from various payments like salaries, interest, rent, and professional fees. Subsequently, the payer is obligated to submit a TDS return, detailing the deductions made, the PAN of recipients, and the tax remitted to authorities.
On the other hand, ITR filing entails submitting an income tax return to the Income Tax Department, outlining income sources, deductions, and tax obligations for a specified period. This can be done through the Income Tax Department’s e-filing portal or other online tax filing platforms. Timely ITR filing is essential for adhering to legal requirements and averting penalties.
Preparing for Income Tax Return (ITR) filing necessitates assembling essential documents to streamline the process. Here’s a comprehensive checklist to aid your preparation:
• PAN (Permanent Account Number): Vital for tax-related identification purposes.
• Aadhaar Card: Required for PAN linkage and verification procedures.
• Bank Account Details: Necessary for facilitating any potential refunds.
• Form 26AS: Provides a summary of tax deductions made from your income and remitted to the government on your behalf, aiding in assessing your tax liabilities.
• TDS Certificates: Issued if tax deductions occurred from sources like salary or interest earnings, typically known as Form 16 (for salary) and Form 16A (for other incomes).
• Income Proof: Includes salary slips, bank interest certificates, or self-employment income statements.
• Documentation for Deductions and Exemptions: Proof of investments or expenses eligible for reducing taxable income, such as insurance premiums, educational loans, or house rent.
Gathering these documents before commencing your ITR filing endeavors not only saves time but also minimizes the risk of errors in the process.
Selecting the appropriate ITR form is pivotal for a smooth tax filing process, contingent upon the nature and origins of your income. Here’s a concise guide to aid your selection:
• ITR 1 (Sahaj): Tailored for individuals earning up to Rs. 50 lakh from salaries, possessing a single house property, other sources of income (such as interest), and agricultural income not exceeding Rs. 5,000.
• ITR 4 (Sugam): Designed for individuals, Hindu Undivided Families (HUFs), and non-LLP firms earning up to Rs. 50 lakh from business and profession computed under sections 44AD, 44ADA, or 44AE of the Income Tax Act.
Should your income encompass additional sources like capital gains, multiple house properties, or if your residency status aligns with being a Resident Not Ordinarily Resident (RNOR) or a non-resident, alternative forms such as ITR 2 or ITR 3 might be required.
Consideration of Tax Regime: Additionally, deliberate on your preferred tax regime—whether to opt for the new concessional regime or adhere to the old regime. This decision can impact the deductions and exemptions available for claim.
Various Income Tax Return (ITR) forms have been devised by the government, overseen by the Central Board of Direct Taxes, catering to diverse taxpayer profiles and income sources. Below is an overview:
• ITR-1: Designed for individuals earning salary, pension, or income from a single house property or other sources (such as interest), with a total income not exceeding Rs. 50 lakh.
• ITR-2: Intended for individuals and Hindu Undivided Families (HUFs) devoid of income from business or profession profits and gains.
• ITR-3: Tailored for individuals and HUFs engaged in proprietary businesses or professions.
• ITR-4: Applicable to individuals, HUFs, and partnership firms (excluding LLPs) participating in the presumptive income scheme under Section 44AD, Section 44ADA, and Section 44AE of the Income Tax Act.
The distinguishing factor among these forms lies in the nature of income and the taxation scheme applied, ensuring alignment with specific taxpayer circumstances and obligations.
eFiling your Income Tax entails digitally submitting your tax information to the Government of India, offering numerous advantages. Here’s why it’s a preferred method:
• Convenience: File your taxes effortlessly from the comfort of your home, at your convenience. No more enduring long queues or scheduling office visits.
• Expedited Refunds: Experience faster processing of tax refunds compared to traditional paper filings. The online system expedites the assessment process, ensuring you receive refunds promptly.
• Enhanced Security: Rest assured that your sensitive tax information is safeguarded by robust security measures implemented by the Income Tax Department.
• Accessibility: Access the eFiling platform round-the-clock, enabling you to file your taxes at any time, day or night, on any day of the week.
In essence, eFiling offers a seamless, efficient, and secure means of fulfilling your tax obligations, enhancing your overall tax-filing experience.
Once you’ve submitted your taxes through eFiling, it’s essential to verify your identity to the Income Tax Department. Here are the verification methods:
• Unique Identifier: Upon filing, you’ll receive a distinct identification code known as the Electronic Verification Code (EVC) to authenticate your submission.
• Aadhaar Authentication: If you possess an Aadhaar card, opt for Aadhaar OTP verification. A One-Time Password (OTP) will be sent to your registered mobile number, which you’ll input online to confirm your identity.
• Digital Signature: Alternatively, utilize a digital signature—an electronic endorsement affirming the authenticity of your submission.
These verification procedures ensure that the Income Tax Department acknowledges your filing and verifies your identity securely.
In the event of an error in your eFiled income tax submission, don’t panic—mistakes can be rectified. Here’s how to address them:
• Correction Mechanism: The Income Tax Department provides a procedure for amendments, allowing you to rectify inaccuracies in your submission.
• Revision Submission: Simply resubmit your tax form with the corrected information, selecting the option indicating a mistake correction.
• Timely Action: Be mindful of the time constraints for corrections, as there’s a deadline within which adjustments must be made.
While errors in eFiling may cause concern, they are manageable. Acting promptly and re-filing with accurate details is the key. The Income Tax Department acknowledges human error and offers the opportunity to correct mistakes promptly.
Taxpayers have several convenient options to directly settle their tax dues with the government without the need to access the Income Tax Department’s website. Here’s how:
Electronic Fund Transfer: Utilize your bank’s electronic fund transfer service to make tax payments directly. Simply access your bank’s online platform and navigate to the tax payment section.
Mobile Banking: Many banks offer mobile banking apps that enable tax payments. Log in to your bank’s mobile app and follow the prompts to initiate the tax payment process securely.
Debit Card Payment: Some banks facilitate tax payments using debit cards. Check with your bank to see if this option is available and follow the instructions provided.
Challan 280: This is a form which can be downloaded and filled out for paying taxes. Once filled, take it to the bank for initiating the tax payment process. . These alternative payment methods empower taxpayers to fulfill their tax obligations conveniently from their home or workplace, eliminating the need to physically visit the Income Tax Department’s website.
When Form 16 isn’t available, taxpayers can still complete their tax returns through e-filing by following these steps:
Income Assessment: Begin by compiling your monthly payslips to determine your total annual income.
Alternative Documentation: Refer to bank statements for interest income and utilize other documents for additional sources of income such as rental earnings or investment returns.
TDS Calculation: Assess tax deducted at the source (TDS) from bank statements, especially concerning interest income. For salary income, retrieve TDS details from the HR payroll system.
Online Platforms: Utilize various online e-filing platforms equipped with tools to compute taxes based on provided data, even in the absence of Form 16.
Manual Data Entry: Input your salary, deductions, and additional income details manually on the e-filing portal, considering that these details would typically be automatically captured with Form 16.
Despite the absence of Form 16, taxpayers can effectively navigate the tax filing process by leveraging alternative documentation and e-filing tools available online.
When it comes to ITR filing, even though agricultural income remains non-taxable, it’s essential to report it accurately. Here’s a guide on how to do so:
Income Assessment: Begin by comprehensively calculating your agricultural income, encompassing proceeds from crop sales and earnings derived from farm structures.
Form Selection: Opt for the appropriate ITR form, typically ITR-2, designated for reporting agricultural income.
Data Entry: Within the ITR form, locate the dedicated section for exempt income, where you’ll input your agricultural earnings.
Full Disclosure: Despite its non-taxable status up to a specified threshold, complete disclosure of agricultural income is crucial for ensuring precise tax computation on other sources of income.
By diligently reporting agricultural income, taxpayers uphold compliance with tax regulations and uphold the accuracy of their financial records.
Ensuring timely receipt of entitled tax refunds requires individuals to adhere to the following guidelines:
Accurate Filing: Begin by meticulously filing income tax returns, ensuring all eligible claims and deductions are accurately declared.
Bank Account Verification: Verify the accuracy of bank account details registered for Electronic Clearing System (ECS) transactions, facilitating seamless refund transfers.
Pre-Validation Option: Opt for pre-validation of bank accounts with the Income Tax department, expediting the refund processing procedure.
By following these steps diligently, individuals can maximize the likelihood of receiving their entitled tax refunds promptly and hassle-free.
Voluntarily filing an Income Tax Return (ITR), even when your income falls below the taxable threshold, offers numerous advantages worth considering. Here’s why:
• Establishes Income Proof: By submitting an ITR, you provide formal documentation of your income, which proves invaluable for various purposes such as securing loans or obtaining visas where income verification is mandatory.
• Streamlines Loan Processes: Many financial institutions mandate the submission of past ITRs for loan approvals. Opting for voluntary filing ensures a smoother loan application process when needed.
• Facilitates Tax Refund Claims: If any tax deductions were made at source (TDS), filing an ITR becomes essential to claim refunds, particularly if your income remains below taxable limits.
• Enables Loss Carryforward: Voluntary ITR filing allows you to carry forward losses incurred in a financial year, providing the opportunity to offset these against future gains.
• Builds Financial Record: Regularly filing ITRs helps in constructing a comprehensive financial history, a valuable asset, especially for individuals engaged in self-employment or freelance work.
Embracing voluntary ITR filing not only reinforces financial discipline but also unlocks a range of benefits that can prove advantageous in various financial scenarios.
As per the provisions outlined in the Income Tax Act, the following entities and individuals are obligated to submit Income Tax Returns (ITRs):
• Individuals: If the total income, prior to deductions under Sections 80C to 80U, surpasses the stipulated basic exemption limit, filing an ITR becomes mandatory. This exemption threshold varies depending on age and residency status.
• Hindu Undivided Families (HUFs): Similar to individuals, HUFs are required to file an ITR if their income exceeds the prescribed exemption limit.
• Resident Taxpayers: Individuals classified as resident taxpayers possessing assets abroad or holding signatory authority over foreign accounts are obliged to file an ITR, irrespective of their income level.
• Refund Claims: Filing an ITR is imperative to claim refunds owed by the Income Tax Department.
• Loss Reporting: To carry forward losses incurred under any income head, it is compulsory to file an ITR in the relevant assessment year.
Adhering to these mandates ensures compliance with tax regulations and safeguards against potential penalties for non-compliance.
Engaging professional assistance for filing Income Tax Returns (ITRs) can offer safety and advantages, particularly with reputable services such as Taxbuddy. Here’s why it’s a prudent choice:
Precision and Expertise: Professionals possess the knowledge and proficiency to ensure accurate filing of your ITR, minimizing the risk of errors that could prompt scrutiny from the Income Tax Department.
Time-Efficiency: Navigating intricate tax laws can be time-consuming. Seeking professional aid streamlines the process, saving you valuable time and alleviating potential headaches.
Tax Optimization: Beyond mere filing, tax experts can devise strategies to legally optimize your tax burdens, enabling you to maximize savings within the bounds of the law.
Security Protocols: Trusted tax filing services prioritize stringent security protocols to safeguard your sensitive personal and financial data.
Audit Support: In the event of an audit by the Income Tax Department, having professional support offers invaluable assistance and peace of mind.
When selecting a professional or service for tax filing, prioritize credibility, positive feedback, and commitment to privacy and data protection. By doing so, you can leverage their expertise without compromising on security or confidentiality.
Late filing of your income tax return (ITR) can result in additional financial penalties under Section 234F, governed by the Central Board of Direct Taxes (CBDT). Here’s a breakdown of the consequences:
• Initial Penalty: Missing the deadline incurs a fine, which is comparatively smaller if you file your return before December.
• Escalating Penalties: Delaying further past December results in larger fines, increasing the longer you postpone filing.
Think of it akin to returning a library book overdue and facing a fee—except in this case, it pertains to taxes. Key points to remember:
• Timely Filing: Strive to submit your ITR promptly to avoid incurring additional charges.
• Progressive Fines: The longer you delay, the steeper the penalty becomes.
Ensure timely tax filing to safeguard your finances from accruing penalties.
Absolutely, even a 12th pass individual can handle GST return filings, and COVERING TAXES offers streamlined solutions to make compliance hassle-free.
Indeed, individuals have the option to directly file their GST returns using COVERING TAXES’ intuitive platform, guaranteeing a smooth and convenient filing process.
If you’re facing difficulty finding the aggregate turnover option, rely on COVERING TAXES for guidance and assistance to address this matter and ensure a thorough GST filing process.
Absolutely, COVERING TAXES offers expert guidance for companies managing GST filings pertaining to mobile operations, facilitating compliance and precise record management.
Certainly, COVERING TAXES enables regular GST taxpayers to efficiently file returns in advance, simplifying procedures and ensuring proactive compliance with regulatory obligations.
Absolutely, with COVERING TAXES’s assistance, shopkeepers can navigate the process of filing GST returns even in cases where no payment is required, ensuring precise fulfillment of their GST responsibilities.
Certainly, September allows for the filing of GST amendments, and with the support of COVERING TAXES, you can seamlessly navigate the process to fulfill GST obligations and ensure adherence to compliance standards.
Indeed, taxpayers can rely on COVERING TAXES for support in effectively completing their GST return submissions, making the process straightforward for seamless compliance with tax requirements.
Law firms do not receive an exemption from GST filing obligations. With COVERING TAXES’ assistance, law firms can fulfill their GST obligations and remain compliant with tax authorities.
Absolutely, both directors and firms can rely on COVERING TAXES to streamline the process of filing a Letter of Undertaking (LUT), ensuring seamless GST compliance.
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Absolutely, even post-GST cancellation, COVERING TAXES remains at your service, assisting with the submission of refund applications to uphold your favorable relationship with tax authorities.
Certainly, service providers have the option to file quarterly returns, and COVERING TAXES provides tailored solutions to meet this need, facilitating effortless compliance with GST regulations.
Absolutely, with COVERING TAXES’ assistance, transporters can easily file nil GST returns, streamlining the process for compliance and maintaining accurate records.
Indeed, COVERING TAXES offers a simplified procedure for authorized representatives to file GST returns, making compliance and record-keeping hassle-free while ensuring an efficient filing experience.
“Income from house property” refers to the revenue generated from owning property, which could be a building, flat, house, bungalow, factory building, or shop. Whether the property is rented out or not, any rental income received or that could have been received is taxable. This type of income is classified under the category ‘Income from House Property’.
Income is classified under the ‘Income from House Property’ category when the following three conditions are met:
- You own the property.
- The property consists of buildings or land appurtenant thereto.
- The property is not used for your own business or professional purposes.
If you’re facing difficulty finding the aggregate turnover option, rely on COVERING TAXES for guidance and assistance to address this matter and ensure a thorough GST filing process.
Absolutely, COVERING TAXES offers expert guidance for companies managing GST filings pertaining to mobile operations, facilitating compliance and precise record management.
‘House Property’ refers to a building or buildings along with the land attached to it. This implies that the property should be a structure suitable for occupation, with the building being the principal component. If the property consists solely of vacant land or a site, the income derived from it will not fall under the category of ‘Income from House Property.’ Instead, it will be assessed as income from ‘Other Sources.’
A self-occupied property refers to a property that the owner uses for their own residential purposes. If an individual owns multiple self-occupied properties, only one can be designated as self-occupied, while the others will be treated as properties that are deemed to be rented out. Consequently, the income from house property will be calculated accordingly for both the self-occupied and deemed rented properties.
Yes, according to Income Tax law, owning a property inherently generates income. This income could be NIL, negative, or positive, but it must be calculated. The only exception is when the property is used by the owner for business purposes. In all other cases, income from the property must be computed following the relevant provisions, which may result in NIL income, a loss, or taxable income.
Based on this principle, the taxation rules differ for ‘Self-Occupied Property,’ ‘Vacant Property,’ and ‘Let-Out Property.’
No, income from sub-letting cannot be taxed as house property income. The ‘income from house property’ classification only applies if you own the property. Since you are merely a tenant and do not own the property, the income you receive from sub-letting must be taxed under ‘Income from other sources.’
Yes, the income from this property is taxable to you. You do not need to be the absolute owner of the house property. Being the beneficial owner and having the entitlement to receive income from the property is sufficient. Therefore, this income will be taxed under ‘Income from house property’ in your hands.
Rental income can only be taxed as ‘Income from House Property’ if you are the legal owner of the property. If you do not hold ownership and are not entitled to receive income from the property, the rental income cannot be taxed under this category.
If you have gifted your house property to your spouse and you are living together (not legally separated), the income from that property will still be taxed in your hands. According to Section 27(i) of the Income Tax Act, you remain the deemed owner for tax purposes.
Under Section 27(i) of the Income Tax Act, if you transfer your house property to your spouse as part of an agreement to live apart, your spouse becomes the owner of the property. Consequently, the income generated from the property will be taxed in your spouse’s hands.
According to Section 27(i) of the Income Tax Act, you remain the owner of the house property if it is transferred to your unmarried minor child. Consequently, the income generated from the property will be taxed in your hands.
Rental income refers to the revenue earned by an individual from renting out their property. However, the computation of income from house property is not solely reliant on this rental income. Even if you’re not receiving rental income, it doesn’t imply that there’s no income from House Property. The Income Tax Act mandates computing income from house property according to specific provisions, which include deductions from the rental income received.
The income from a house property is determined after applying various deductions to the annual value or annual lettable value (AV/ALV) of the property. The initial and crucial step involves calculating the annual value (AV) or (ALV) of the property in question.
The term “annual value” as per the Income Tax Act pertains to the calculation of income from a house property. It represents the potential income that the property can generate in a year, including rent, service charges, etc. This serves as the foundation for computing the total ‘income from house property’. The annual value, also known as the gross annual value (GAV), undergoes adjustments and deductions to arrive at the final taxable income.
Rental income derived from a shop, which falls under the classification of a building, is subjected to taxation under the category of “Income from House Property.”
Annual Lettable Value (ALV) represents the anticipated rental income that a property is expected to generate in a given year. It’s also referred to as the ‘fair value of rent’ or the ‘expected amount of rent.’
Here’s how it’s computed:
Calculation for Vacant Properties: If the property remains vacant throughout the year, the ALV is synonymous with the Annual Value or Gross Annual Value (GAV).
Determining Factors: ALV is determined based on the higher of the following:
Municipal value of the property
Standard rent under the Rent Control Act, if applicable
Fair rent assessed by the Income Tax Officer
This value serves as a crucial parameter in computing the taxable income from the property.
When a property is vacant only for a certain period within the year, the Gross Annual Value (GAV) is determined based on the expected annual rent from the property. Here’s the computation process, depending on whether the property falls under The Rent Control Act:
For Properties Not Governed by Rent Control Act:
Municipal Valuation (A): Rent as per municipal assessment.
Fair Rent (B): Fair amount of rent determined by relevant authorities.
Expected Rent (C): Higher of (A) or (B).
Gross Annual Value: Equals the Expected Rent (C).
For Properties Falling Under Rent Control Act:
Municipal Valuation (A): Rent as per municipal assessment.
Fair Rent (B): Fair amount of rent determined by relevant authorities.
Expected Rent (C): Higher of (A) or (B).
Standard Rent (D): Rent determined under the Rent Control Act.
Gross Annual Value: Higher of (C) or (D).
In summary, for properties not under Rent Control Act, the expected rent determines the Gross Annual Value, while for properties under Rent Control Act, it’s the higher of the expected rent or the standard rent determined by the act.
For self-occupied property, the gross annual value is considered to be zero. As a result, the standard deduction, which is 30% of the annual value, is also zero. Therefore, the interest paid on a home loan represents the loss from the house property, which can be offset against income from other sources or carried forward to the next assessment year.
Details:
Particulars | Amount |
---|---|
Gross Annual Value | Nil |
Less: Municipal taxes paid | Nil |
Net Annual Value (NAV) | Nil |
Less: Deduction u/s 24 | Amount |
- Standard deduction (30% of NAV) | Nil
- Interest on borrowed capital | (xxxx) Income from House Property (typically a loss) | ( – )xxxx
This loss can be set off against income from other sources or carried forward to future assessment years.
If you own more than one residential property, only one can be treated as self-occupied, while the others will be considered as deemed let-out properties for tax purposes. You can claim the gross annual value (GAV) as ‘Nil’ for one property of your choice, which will be treated as the self-occupied property (SOP). The other properties will be taxed based on their notional rental income as deemed let-out properties. Typically, the property with the higher potential income is chosen as the self-occupied property for tax benefits.
Summary:
- Single self-occupied property: GAV can be Nil.
- Multiple properties: One is chosen as SOP (with Nil GAV), others are deemed let-out.
- Tax Calculation: The property with higher income potential is usually designated as SOP.
No, you cannot treat both properties as self-occupied. You must designate one of the houses as self-occupied, usually the one with the higher income potential. The other property will be considered a deemed let-out property. For the deemed let-out property, the annual value will be the higher of the municipal value or the expected rental income.
Summary:
- One self-occupied property: Typically, the one with higher income potential.
- Deemed let-out property: The other property, with annual value based on municipal value or expected rent.
When a property is self-occupied for part of the year and rented out for the rest, it is considered as being let out for the entire year. The taxable income is calculated based on the actual rent received during the period it was rented out.
Key Points:
- Property considered let-out for the whole year: Even if only partially rented.
- Income calculation: Based on actual rent received during the rental period.
No, this is incorrect. For a property considered as deemed let out, the annual value must be computed for the entire year, not just the period of possession. Therefore, the annual value of the property would be Rs. 120,000 (Rs. 10,000 per month for 12 months).
In such cases, the two portions of the house are treated as separate taxable units:
- The portion where you reside will be considered as a self-occupied property, and income will be computed accordingly.
- The portion that is rented out will be considered a let-out property, and income will be computed as income from let-out property.
This approach can be applied to multiple units within a single house property.
Yes, you can claim a deduction for the interest paid on loans borrowed from friends and relatives for the purchase, construction, acquisition, renovation, or repair of a house property. The source of the loan does not affect eligibility for the deduction. However, the lender must be in India, and they must be liable for tax on the interest you pay.
For a let-out property, there is no upper limit on the amount of interest on a housing loan that can be claimed as a deduction when calculating income under the head “Income from house property.”
How should I report income from renting out my shop along with additional services provided to the tenant?
Answer:
When you receive rent from a tenant that includes charges for additional services like providing computers and other ancillary services, it is best to separate the total amount into two parts: ‘rent’ and ‘service charges.’ The rent portion should be reported as Income from House Property, while the service charges should be classified as Income from Other Sources.
Certainly. Rental income received from a jointly owned property can be divided proportionately between co-owners and taxed individually based on their respective shares in the property.
If you receive rent that was previously unrealized, it should be taxed in the year it’s realized, regardless of your ownership status at that time. You can deduct 30% of the unrealized rent before calculating the taxable amount.
Yes, you can claim a deduction for the entire amount of property tax paid. The deduction for property tax is based on the payment made during the current year, regardless of the year for which the tax was due.
Yes, Section 54 does not specify that the property purchased or constructed must be solely in the taxpayer’s name. The crucial factor is the investment of the sale consideration in acquiring or constructing a residential property. As long as the sale proceeds are invested in this manner, the taxpayer is entitled to the benefits under this provision.
Yes. In Section 54, the term ‘purchase’ typically refers to acquiring property in exchange for a price, whether through cash, payment in kind, adjustment of old debts, or other monetary considerations. The section does not specifically require a cash transaction.
Yes, you may still be eligible. An agreement to purchase, along with substantial payments made, is sufficient for claiming exemption under Section 54. The crucial factor is the date of possession rather than the date of the sale deed. If possession is delayed due to circumstances beyond your control, you can present your case to the Assessing Officer (AO).
Certainly. It’s not mandatory for the taxpayer to personally construct the house. As long as the construction is being carried out by a builder or contractor, you may still be eligible for exemption under the relevant provisions.
Absolutely. According to CBDT Circular 667 (dated 18.10.1993), the cost of the plot purchased for constructing a new house can be factored into the computation of benefits under Section 54 of the Act.
Absolutely. The crucial condition is the utilization of sale proceeds for investment in a new residential house. If you can demonstrate that the delayed possession is beyond your control and you’ve made substantial payments to the builder, you’re eligible for benefits under Section 54 of the Act.
Unfortunately, in this case, as you’ve undertaken the demolition of the building yourself and what you’ve essentially sold are your rights in the land, you may not qualify for benefits under Section 54 of the Act.
Regrettably, in such a scenario, you will not qualify for exemption under Section 54 of the Act.
To qualify for the benefits under this section, the construction of the new house must be completed within a period of three years following the sale of the original asset.
In section 54, the benefit applies to the profit gained from the sale of a residential house along with its appurtenant land. The emphasis here is primarily on the residential structure. The term ‘appurtenant land’ refers to land that is ancillary to the residential house, such as a verandah, garden, or compound, serving the purpose of the residential structure. However, if there is a minor residential structure situated on a large open plot without significant residential utility, it may not qualify as a residential house under section 54 of the Act.
In such a scenario, the firm itself cannot avail the benefit under section 54. However, if the property owned by the firm was utilized by partners for residential purposes and upon dissolution of the firm, the partners sell their respective shares of the property, they have the option to claim the benefit under this section.
The Capital Gains Account Scheme (CGAS) is a provision that allows taxpayers to defer capital gains tax when selling a residential property. If you have realized a profit from the sale of a residential property but have not reinvested the gains into a new property before filing your return of income or by the due date, you are required to deposit the gains into a CGAS account. This deposit must be made before the due date for filing your return. The funds in the CGAS account can then be used to purchase or construct a new residential house in the future, and withdrawals from this account require approval from the Assessing Officer.
Yes, it is possible to claim exemptions under sections 54, 54EC, and 54EE concurrently. However, you should prioritize claiming the exemption under section 54 first, as it does not have a maximum limit on the amount of exemption, unlike sections 54EC and 54EE, which have specified caps.
Yes, you may still be eligible. An agreement to purchase, along with substantial payments made, is sufficient for claiming exemption under Section 54. The crucial factor is the date of possession rather than the date of the sale deed. If possession is delayed due to circumstances beyond your control, you can present your case to the Assessing Officer (AO).
No, the exemption is not applicable for residential properties purchased outside India. The relevant section explicitly states that the new residential property must be acquired within India to qualify for the exemption.
Yes, provided that all other conditions, such as the specified time limits, are met. Exemption under section 54 is permissible when capital gains from the sale of two residential properties are reinvested in a single residential property. Similarly, section 54F also allows for the reinvestment of capital gains from multiple properties into one residential house, subject to fulfilling the prescribed conditions.
Yes. When capital gains are determined on a notional basis under section 50C, you are eligible for exemption on the entire amount if it is invested in a new residential house within the specified period under section 54F. This holds true even if additional funds from other sources are used for the purchase of the new residential property.
The presumptive taxation scheme is designed for small taxpayers earning business or professional income. Under this scheme, taxpayers are not required to maintain detailed books of accounts if they declare their income at a predetermined percentage of their gross receipts or turnover. This simplifies the tax filing process and is aimed at reducing the compliance burden for eligible taxpayers.
The presumptive taxation scheme is governed by specific provisions within the Income Tax Act, which outline the eligibility and conditions for taxpayers:
Section 44AD: This section applies to small businesses with a turnover of less than Rs. 2 crores. It allows these businesses to declare their income at a prescribed rate without maintaining detailed books of accounts.
Section 44ADA: This provision is aimed at professionals with gross receipts not exceeding Rs. 50 lakhs. It enables them to declare income at a fixed percentage, simplifying the accounting requirements.
Section 44AE: This section caters to small transporters who own up to 10 goods vehicles. It allows them to compute their income on a presumptive basis, easing the compliance burden associated with detailed accounting.
The presumptive taxation scheme under section 44AD is available to the following entities:
- Resident Individuals: Individuals who are residents of India as per the Income Tax Act.
- Resident Hindu Undivided Families (HUFs): HUFs that meet the residency criteria.
- Resident Partnership Firms: Partnership firms that are resident in India, excluding Limited Liability Partnership (LLP) firms.
- Entities Not Claiming Specific Deductions: Entities that have not claimed deductions under sections 10A, 10AA, 10B, 10BA, or sections 80HH to 80RRB during the relevant financial year.
This scheme simplifies tax compliance for eligible taxpayers by allowing them to declare income at a prescribed rate without maintaining detailed books of accounts.
The presumptive taxation scheme is not applicable to the following types of businesses:
- Agency Businesses: Any individual or entity engaged in running an agency business is excluded.
- Commission or Brokerage Income: Businesses earning income through commission or brokerage are not eligible.
- High Turnover Businesses: Any business with total turnover or gross receipts exceeding two crore rupees in a financial year is not qualified.
- Goods Carriage Businesses: Businesses involved in plying, hiring, or leasing goods carriages, as referred to in section 44AE, cannot opt for this scheme.
These exclusions ensure that only small businesses and professionals benefit from the simplified compliance requirements of the presumptive taxation scheme.
Insurance agents primarily earn income in the form of commission, which falls under the category excluded from the presumptive taxation scheme of section 44AD. Therefore, insurance agents cannot avail themselves of the benefits offered by this scheme.
No, individuals whose total turnover or gross receipts for the year surpass Rs. 2,00,00,000 are not eligible to adopt the presumptive taxation scheme provided by section 44AD.
To compute your taxable business income without opting for a presumptive taxation scheme, you need to maintain books of account for your business. Here’s how you can calculate it:
Turnover or Gross Receipts from the Business:
- Amount: XXXXX
Less: Expenses incurred in relation to earning of the income:
- Amount: XXXX
Taxable Business Income:
- Amount: XXXXX
If you are claiming any deductions from the business income, these deductions must be subtracted from the business income before arriving at the taxable business income.
Under the presumptive taxation scheme of section 44AD, the taxable business income is calculated as follows:
Taxable Business Income:
- It shall be 8% or more of the turnover or gross receipts of the eligible business for the year.
Reduced Rate for Banking Transactions:
- For the portion of turnover received through banking channels or other than cash, the rate is reduced to 6%.
This scheme simplifies the computation process by providing a fixed percentage of income based on turnover, eliminating the need for maintaining detailed books of account.
No, further deductions are not allowed from the income computed at the prescribed rates (6% or 8%) under the presumptive taxation scheme. The income calculated under this scheme is considered final taxable income, and no additional deductions can be claimed from this income. This simplifies the tax computation process for eligible businesses, as they do not need to account for additional expenses or deductions beyond the prescribed rates.
No, if you choose to avail of the presumptive taxation scheme under section 44AD, you are not required to maintain books of account as mandated by section 44AA. This scheme offers a simplified approach to taxation, allowing eligible businesses to compute their taxable income based on a predetermined percentage of their turnover or gross receipts, without the need for extensive bookkeeping.
Yes, if you choose the presumptive taxation scheme under section 44AD, you are still liable to pay advance tax. However, the payment of advance tax is required only once, on or before the 15th of March of the financial year. Any advance tax paid by the 31st of March will also be considered as paid for the financial year ending on that date.
If you fail to pay the advance tax by the stipulated deadline of 15th March of the preceding financial year, you become liable to pay interest under section 234C of the Income Tax Act.
If you declare profits at a rate lower than the mandated percentage, you are not eligible to opt for the Presumptive Taxation Scheme (PTS). In such a scenario, you are required to maintain proper books of account and have them audited by a Chartered Accountant. The income declared based on the audit report will form the basis for filing your tax returns.
If you initially adopt the PTS for your small business, you are required to continue with it for the next five consecutive years if your turnover remains below 2 crore rupees. However, if in any of the subsequent five years your declared profits fall below 8% (or 6%), it is considered as withdrawal from the PTS. As a consequence, you are disqualified from availing the benefits of PTS for the next five years from the assessment year in which you withdrew from the scheme.
Individuals resident in India who are practicing professionals in the following fields are eligible to avail the benefits of the PTS, provided their turnover does not exceed Rs. 50 lakhs:
- Legal Practice
- Medical Practice
- Engineering or Architectural Services
- Accountancy Services
- Technical Consultancy
- Interior Decoration
- Any other profession as notified by the Central Board of Direct Taxes (CBDT)
When professionals adopt the Presumptive Taxation Scheme (PTS), their taxable business income is determined at 50% of their turnover or receipts. For instance, if a professional has annual receipts or turnover amounting to Rs. 48 lakhs, the taxable profits would be computed at 50% of this turnover, which equals Rs. 24 lakhs.
Under the Presumptive Taxation Scheme (PTS) of section 44AD, you are not obligated to pay advance tax in all four quarters of a financial year. Instead, advance tax is payable only once, on or before 15th March of the financial year. However, any advance tax paid by the 31st day of March will also be considered as advance tax paid during the respective financial year.
If you fail to pay advance tax by the specified deadline, you will be liable to pay interest as per section 234C of the Income Tax Act. This interest is applicable for the delay in payment of advance tax and is calculated based on the amount of tax that should have been paid in installments throughout the financial year.
If you declare profits at a rate lower than the mandated percentage under the PTS, you are ineligible to opt for the scheme. In such a scenario, you must maintain proper books of account and undergo an audit by a Chartered Accountant. Based on the audit report, you are required to declare your income in the income tax return.
The Presumptive Taxation Scheme (PTS) is designed for individuals engaged in the business of transport, specifically plying and hiring goods vehicles, and who own 10 or fewer vehicles. Under this scheme, the taxable income is computed as follows:
For Heavy Goods Vehicles (those with a gross vehicle weight exceeding 12 tons), the taxable income is Rs. 1,000 per ton of gross vehicle weight for every month or part of a month during which the heavy goods vehicle is owned by the assessee in the previous year.
For vehicles other than heavy goods vehicles, the income is Rs. 7,500 for every month or part of the month during which the carriage of goods is owned by the assessee in the previous year.
The Presumptive Taxation Scheme (PTS) under Section 44AE is available to all types of entities, including individuals, firms, Hindu Undivided Families (HUFs), and companies. Additionally, all businesses are eligible to opt for this scheme, regardless of their nature or industry.
No, a person who owns more than 10 goods vehicles cannot adopt the presumptive taxation scheme under section 44AE. This scheme is specifically designed for small transporters who own 10 or fewer goods vehicles.
Under the presumptive taxation scheme of section 44AE, the income of a taxpayer is computed at a fixed rate per goods vehicle per month, which is Rs. 7,500. The taxpayer cannot claim any further deductions from the presumptive income declaration. Additionally, no separate deduction for depreciation is available under this scheme. However, in the case of a partnership firm opting for the presumptive taxation scheme, deductions can be claimed for remuneration and interest paid to partners, as per the provisions of the Income-tax Act.
No
Certainly. For businesses covered under the presumptive taxation scheme specified in section 44AE, advance tax payments are required to be made in every quarter of the financial year, unlike the provisions for sections 44AD and 44ADA where advance tax is due only in the last quarter.
Certainly, these bonds allow for both single and joint ownership. However, it’s important to remember that whether you apply individually or jointly, the total investment should not exceed Rs. 50 lakh. Exceeding this limit could result in the loss of benefits under section 54EC. Additionally, nomination facilities are available for these bonds.
Interest income from these bonds is not subject to tax deduction at source (TDS). Nevertheless, the interest earned is considered taxable income. Consequently, you must include this interest in your income and pay the applicable tax as advance tax.
Investing in these bonds entails minimal risk and does not require daily oversight. Additionally, there is no commission fee for purchasing these bonds. The bonds are highly secure, holding a AAA/stable rating from Crisil Ltd and a AAA(Ind)/(Affirmed) rating from Fitch, ensuring a high level of safety for your investment.
The NHAI/REC bond has a maturity period of three years, after which it can be fully redeemed. These bonds are non-transferable and cannot be held in another person’s name. Additionally, as non-negotiable instruments, they cannot be used as collateral for loans or advances.
At present, these bonds offer an annual interest rate (coupon rate) of 6%. The interest is paid yearly on April 1st, with the final interest payment made at maturity.
You can invest a minimum of Rs. 10,000 and up to a maximum of Rs. 50 lakh. Since the face value of each bond is Rs. 10,000, you are allowed to purchase up to 500 bonds.
Yes, you can claim an exemption under section 54EC, provided you reinvest the capital gains in three-year bonds issued by REC or NHAI.
If you redeem the bonds before completing the three-year holding period, the long-term capital gains will become taxable in the assessment year in which the redemption occurs.
You can combine the exemption under section 54EC with either section 54 or section 54F, but not with both at the same time.
No, the Capital Gains Account Scheme is applicable exclusively for claiming benefits under sections 54 and 54F, and not for section 54EC.
No, as per the amendment in the Finance Act (No.2) 2014, investing more than Rs. 50 lakhs does not qualify for benefits under section 54EC of the Act. However, you may explore investment options under sections 54F or 54 for tax exemptions.
If the bonds you intended to invest in are not available in the market for the entire six-month period stipulated under section 54EC, the time to invest in bonds is automatically extended until they become available. Consequently, you can purchase these bonds once they are accessible in the market and subsequently claim exemption under section 54EC accordingly.
In accordance with section 194A of the Act, the implementation of TDS depends on the integration of core banking solutions within banks and societies.
No, payments made by the Co-operative society to its members or other co-operative societies are specifically exempted from TDS liability under Section 194A.
No, payments made by a partnership firm to its partners in the form of interest are specifically exempted from TDS liability under Section 194A.
Income under the head Salaries encompasses various components such as wages, annuity, pension, gratuity, fees, commission, perquisites, profits in lieu of or in addition to salary or wages, advance of salary, annual accretion to the balance of Recognized Provident Fund, transferred balance in Recognized Provident Fund, contribution by the Central Government or any other employer to Employees Pension Account, and more.
Profits in lieu of Salary refer to additional payments received by an employee beyond their regular salary, such as bonuses, commissions, or remuneration for services rendered during employment. These payments are considered part of the employee’s income from Salary.
Perquisites, commonly referred to as “perks,” are benefits provided by an employer to an employee in addition to their regular salary. These benefits include items such as rent-free accommodation, provision of a motor car, interest-free loans, advances, and other similar advantages that arise from the employer-employee relationship.
Perquisites, also known as perks, received by an employee are evaluated monetarily according to the guidelines outlined in the Income Tax Act and Rules. The assessed value of these perquisites is then included in the employee’s income under the head ‘Salaries.’ Additionally, these amounts are considered for the computation of Tax Deducted at Source (TDS).
No, the tax amount paid on non-monetary perquisites is exempt under section 10(10CC) of the Income Tax Act.
Allowances are financial benefits granted by the employer to employees, each serving a specific purpose. Some allowances are intended to cover expenses related to the discharge of duties by the employee.
Gratuity is a reward provided by employers to employees for their service tenure, usually paid upon retirement or earlier in certain circumstances. To qualify for gratuity, an employee must complete a minimum of five years of service with the employer. Taxation-wise, gratuity is categorized as ‘Income from Salary’. However, it’s essential to accurately compute the taxable amount of gratuity.
When you receive incentive bonus or commission in addition to your salary, based on the insurance business you bring to the company, this extra income falls under the category of ‘Salaries’ for taxation purposes. It cannot be classified as ‘Business Income’, even though it’s related to your employment terms and conditions.
Leave Travel Concession (LTC) is an allowance provided by the employer for travel within India for the employee and their family members. This allowance is exempt from tax up to a certain limit. However, it does not cover travel outside India or expenses exceeding the actual travel cost. Additionally, this exemption is available for two journeys within a block of four calendar years.
Salaries earned by individuals working for the United Nations (UN) or those covered under the UN (Privileges and Immunities) Act, 1947, as well as pensions received from the UN, are exempt from income tax in India.
Determining the tax categorization of your income involves assessing your relationship with the payer. Consider these factors:
- Does the payer exert significant control over your activities?
- Do they dictate how tasks are performed?
- Do they possess an unquestionable right to control your activities and methods?
If the answer is ‘YES’ to these questions, the income may be classified as Salary. Conversely, if any or all answers are ‘NO’, the income may not fall under the Salary category.
The tax treatment of Salary received by a director hinges on their role within the company. While directors are typically viewed as agents rather than employees, if the director performs specific functions for the company under an employer-employee relationship, their income may be categorized as income from ‘Salary’. Otherwise, it is generally taxed as income from ‘Other sources’.
Determining the tax treatment of a Managing Director’s income hinges on their employment relationship with the company. If the Managing Director is deemed a servant of the company, as outlined in the Articles of Association and their employment terms, and is responsible for managing the company’s affairs under an employment agreement, their income is likely to be treated as income from ‘Salary’.
No, your income is unlikely to be taxed as salary in this scenario. Since you receive payment for your services and time spent, without an established employer-employee relationship, the income is typically treated as business income for taxation purposes.
No, the income earned from remuneration, commission, and bonus received from a partnership firm by a partner is not considered as income from ‘Salary’. Instead, it is treated and taxed as income from Businesses and Professions.