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2021 | OriginalPaper | Buchkapitel

17. Taxation of Individual Income—India Case Study

verfasst von : Parthasarathi Shome

Erschienen in: Taxation History, Theory, Law and Administration

Verlag: Springer International Publishing

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Abstract

India’s individual or personal income tax has become complex over the years. It comprises various elements and branches thereof including the taxation of payroll or salaries, interest, dividends and capital gains, estate and wealth tax, inheritance and gifts. Some have been repealed. Several of them are linked to other taxes. For example, the tax on dividends has been linked to a tax on securities transactions, the wealth tax was linked to a minimum tax, though at present the wealth tax stands abolished. There also were components of presumptive tax on agricultural holdings several of which have not survived. Thus, many income-oriented taxes have been experimented with over the decades since the Income-tax Act was introduced in 1961 and implemented from 1962. Several of those experiments did not last, for example, attempts to tax fringe benefits through a tax specifically on them, and a tax on bank transactions to control the black economy had to be repealed reflecting popular demand. In the 2000s, several attempts to reform the income tax into a consolidated direct tax code have not succeeded, more often than not due to the inaction of successive governments. The hope for reform survives, however, in the present day.

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Fußnoten
1
Prior to FY 2019–2020, this threshold was Rs. 10,000. Rupees 100 are UK £ 1 approximately.
 
2
Form 15G and Form 15H.
 
3
India has opted for no taxation of savings for retirement as they are made, invested or withdrawn for retirement consumption, under an Exempt-Exempt-Exempt (EEE) philosophy of taxation of retirement savings.
 
4
The financial year is 1 April to 31 March.
 
5
A dividend imputation tax system aims to avoid double taxation by giving a credit for income tax paid at the corporate level to tax-resident shareholders which they can then use to either offset their own income tax liability or obtain a refund (under certain circumstances) of the income tax paid by the company. On a theoretical level, imputation credits effectively treat company tax payments as a prepayment of shareholder taxation. (Deloitte2014)
 
6
Equity-oriented mutual funds are those where the amount invested in equity and equity-related instruments is more than 65%, whereas those holding <65% of corpus in equity are called debt-oriented mutual funds.
 
7
A unit of lakh is often used in India. 1 lakh equals 0.1 million.
 
8
STT is a form of financial transaction tax levied on every purchase and sale of securities listed on the recognised stock exchanges in India. STT was introduced in 2004 and is governed by Securities Transaction Tax Act (STT Act). This Act lists the securities transactions on which STT is leviable. The rate of STT is based on the type of security traded and whether the transaction is a purchase or a sale of securities. At the time of introduction of STT, a new section 10(38) was also introduced in the Income-tax Act to exempt income from long-term capital gains of taxpayers who incur STT.
 
9
Commodities Transaction Tax (CTT) is a tax similar to STT, levied on transactions made on the domestic commodity derivatives exchanges. CTT was first introduced in 2008–2009 but withdrawn as commodity markets were considered nascent. CTT was reintroduced in 2013–2014. CTT was reintroduced though only on non-agricultural commodity futures at 0.01%. Losses from such transactions can be set off against income from other sources as for STT. In 2015, a revised list of 61 commodities was notified including certain commodities where trading was not taking place. In 2016, transactions in foreign exchange in a recognised international financial centre were exempt from CTT.
Both STT and CTT were conceived to discourage excessive speculation that could be detrimental to market fundamentals. The two taxes together ensure that there is no tax or regulatory arbitrage between the two. Security exchanges and commodity exchanges have been entrusted to collect STT and CTT, respectively, on behalf of the government. See Abraham (2016).
 
10
This amendment was announced in the central government’s 2018 budget.
 
11
The rationalisation of various taxes does raise a question, however, whether wealth could be asked to be reported in a tax return intended exclusively for the income tax. Indeed, there are other assets that are also asked to be reported in the income tax return such as the Schedule FA for foreign assets.
 
12
See Rajaraman (1996), Chap. 11.
 
13
The same challenge existed in similar voluntary schemes for construction contractors and truck owners introduced in 1994 (Sections 44 AD and AE).
 
14
See Vasal (2019).
 
15
For tax purposes, ‘person’ includes an individual, HUF, company, firm, an association of persons, a body of individuals, a local authority, an artificial juridical person, and others.
 
16
See Vasal (2019), op. cit.
 
Literatur
Zurück zum Zitat Rajaraman, Indira. 1996. Presumptive Taxation and Governance. In Fiscal Policy, Public Policy and Governance, ed. Parthasarathi Shome, 128–168. New Delhi: National Institute of Public Finance and Policy (NIPFP). Rajaraman, Indira. 1996. Presumptive Taxation and Governance. In Fiscal Policy, Public Policy and Governance, ed. Parthasarathi Shome, 128–168. New Delhi: National Institute of Public Finance and Policy (NIPFP).
Metadaten
Titel
Taxation of Individual Income—India Case Study
verfasst von
Parthasarathi Shome
Copyright-Jahr
2021
Verlag
Springer International Publishing
DOI
https://doi.org/10.1007/978-3-030-68214-9_17