Chapter 2

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Taxation Planning

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Tax Planning

here is nothing which hurts more than payment of taxes. One question that goes through every tax
payers mind is how can I reduce my tax liability? Reducing tax liability is not always a bad or illegal
exercise. There are legitimate ways to reduce taxes through proper tax planning and such methods are
always encouraged. But unfortunately, there is also a tendency to reduce tax through illegal or colourable
methods. They are not accepted practice and can invite problems.
There are three methods which are commonly used by the taxpayers to reduce their tax liabilities

2:1

Tax evasion,

Tax Avoidance and

Tax Planning

Tax evasion

Dishonest taxpayers try to reduce their taxes by concealing income, inflation of expenses, falsification of
accounts and willful violation of the provisions of the Income-tax Act. Such unethical practices often
create problems for the tax evaders. Tax department not only imposes huge penalties but also initiate
prosecution in such cases.

2:2

Tax Avoidance

Tax avoidance is minimizing the incidence of tax by adjusting the affairs in such a manner that although
it is within the four corners of the laws, it is done with a purpose to defraud the revenue. It is the act of
dodging without directly breaking the law. For example if A gives gift to his wife, the income from the asset
gifted will be clubbed in the hand of A. But to avoid this clubbing provision A decides to give gift to Bs
wife and B reciprocates it by giving gift to As wife. This is not tax planning but tax avoidance.
Such practices are not acceptable. In the words of Justice Rangnath Misra of Supreme Court in the case
of McDowell & Co Limited v CTO [1985] 154 TR 148,
tax planning may be legitimate provided it is within the framework of law. Colourable devices cannot be
part of tax planning and it is wrong to encourage or entertain the belief that it is honorable to avoid
payment of tax by resorting to dubious methods.

2:3

Tax Planning

Tax planning is arrangement of financial activities in such a way that maximum tax benefits, as provided in
the income-tax act are availed of. It envisages use of certain exemption, deductions, rebates and reliefs
provided in the act.

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Some examples of tax planning are given below:

n Residential status: Sometime by better tax planning a taxpayer can avoid becoming resident in a
particular year. The advantage of this is that if he is non-resident in a particular year, he is not liable to
be taxed for his overseas income in India. In case he becomes resident in India for tax purpose, he is
taxed for his worldwide income. However, this may not have any effect if the tax paid abroad on
overseas income is equal to more than the tax payable on such income in India, as the taxpayer is
entitled to get credit of taxes paid abroad in case that income gets taxed in India.

n Individuals investment: Taxpayer can plan investment in a manner so that overall return is optimum.
This may involve analyzing different investment options taken into consideration, availability of tax
deduction u/s 80C, exemption of interest/dividend income on a particular investment, capital gain,
possibility of exemption from capital gain, rate of return, risk factor, liquidity etc.

n Employees remuneration: There is no effect on the tax liability in the hand of the employer on
account of designing of salary package of employees. Still, every employer wants to design the
salary package in a way so that the incidence of tax on the employee is kept to minimum. By
doing this, the take home pay of the employee is increased. To design such a package it is
necessary to understand how perquisites and benefits are taxed and which are those perquisites
or benefits which are not taxed or taxed at concessional rate. It is also necessary to understand,
how Fringe Benefit tax is payable, as it may be advisable for the employer to pay FBT instead of
letting that benefit be taxed in the hand of the employee through allowances.

n New Business, What should be the form of ownership? : While starting his business, taxpayer
can plan his taxes by evaluating tax implication in different choices available like individual
proprietorship, partnership firm or company.
Proprietorship is easy to establish with less cost and with no restriction on enjoyment of profit.
The tax rate is also less because of slab system of taxation. However, it is suitable for small
business only.
Partnership firm: If there is more than one person having common interest in the business then it
makes sense to incorporate it as partnership firm. The tax liability may be a little more than
proprietorship but firm can reduce this tax liability by taking advantage of initial exemption available
in the hand of various individual partners by providing for their salary and interest within the given
limit. This will work if the partners have no other source of income.
In the case of company the tax rate is highest and the dividend is further subjected to tax.
However, the limited liability and ability to raise finance are also important factors other than
taxes. Also there is no limitation on the salary payable to Director.
Taxation of individual, firms and companies is discussed in chapter 16 and 17 of this book.

n New Business, Location of Business: the correct selection of location of business also plays
an important role in Management decision making. There are a few locational tax advantages in
the Income Tax Act which must be considered while arriving at the decision. In other words, when
one is trying to start a new business or start a new unit in the existing business, it can consider
locating business in a place so that it get some tax exemption which will reduce the tax liability.
Important sections of income-tax act which will help in this tax planning are:
1.

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Section 10A: Newly established undertaking in Free Trade Zone, Electronic Hardware
Technology Park or Software Technology Park.

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2.

Section 10AA: Newly established undertaking in Special Economy Zone.

3.

Section 10B: Newly established 100% Export Oriented Undertaking.

4.

Section 10BA: Newly established manufacturing unit producing hand made article or
things or artistic value with wood (not being imported) as the main raw material. At
least 90% must be exported.

5.

Section 80IB: Industrial undertaking located in industrial backward state or district.

6.

Section 80IC: Undertakings or enterprises located in notified area in North Eastern State,
State of Sikkim, Himachal Pradesh, Uttranchal. For units commencing production or
undergoing substantial expansion on or after 1.4.2007 and located in North Eastern States
or Sikkim, the provisions of section 80IE shall be applicable instead of this section.

7.

Section 80ID: Undertaking doing business of hotel or convention centre in National

Capital Territory of Delhi and the districts of Faridabad, Gurgaon, Gautam Budh Nagar
and Ghaziabad, where the new hotel or the conventional centre is constructed on or
after 1st of April 2007 and before 31st March 2010.

8.

Section 80IE:Underaking located in North Eastern states or state of Sikkim who

begun to commence production or complete substantial expansion on or after 31st
march 2007 but before 31st March 2017 are covered under this section instead of
section 80ID.

These are discussed in detail in chapter 5 of this book.

n New Business: Nature of business: Before starting a business it is important to know various
tax incentives available under the Income Tax Act for some specific types of business. Most of
such exemptions have now become non-existent. However, in the following cases, fresh business
may still get tax exemption.
1.

Export Business : Under Section 10A, 10AA, 10B, 10BA,

2.

Developer of SEZ: 80IAB

3.

Infrastructure Development: 80IA

4.

Business of Scientific Research & development, production/refining of mineral oil, de

velopment and building of housing project approved by a local authority, operation &
maintenance of hospital in rural area, processing, preservation & packaging of fruits or
vegetables: Section 80IB

5.

Hotel or conventional centre in National Capital Territory of Delhi and the districts of Faridabad,
Gurgaon, Gautam Budh Nagar and Ghaziabad, where the new hotel or the conventional
centre is constructed on or after 1st of April 2007 and before 31st March 2010.

n Management Decision - Capital Structuring: In Financial Management Course, students are

taught to understand the basis of arriving at the decision about capital structure, i .e. debt, equity
or preference shares. The factors like risk, cost and control are relevant. In addition one must
understand the tax implication and should also consider this while deciding the best mix to optimize
shareholders return. Dividend on share is not allowable deduction in the hand of the company;
however, interest on debt paid is allowable deduction. The cost of raising equity is a capital
expenditure which can only be capitalized and amortized in certain conditions (may not be
amortized in all cases). However, the cost of raising debt is allowed as deduction. This has direct
implication in calculating corporate tax liability. On dividend from Indian company, the company
is liable to pay DWT and then such dividend is exempt in the hand of the shareholders.

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n Management Decision: Make or buy: In Financial management course, students are taught to
understand the basis of arriving at the make or buy decision considering capacity utilization,
inadequacy of fund, cost of fund, latest technology, variable cost of manufacturing etc. While
arriving at this decision due consideration must also be given to tax implication as this will
certainly influence the decision. One must consider that if one decides to make, there is less
outflow due to tax benefit on depreciation/interest and tax advantage available due to location of
manufacturing in a particular area. These tax advantages have already been listed earlier. If the
company is able to take advantage of any of these tax incentives, the decision to make may
come out better in comparison to decision to buy.

n Management Decision: Own or Lease: Concept of leasing is gaining immense popularity.

One private airline has recently sold and taken back the same aircraft on lease. In the process it
got some fund in its account. One factor which influenced its decision was that the lease rental
paid to foreign enterprise is not subject to withholding tax if the lease agreement has been
approved by the Central Government. Other factors which must be considered for tax implications
are that in case of buying the asset, the assessee will be entitled to deduction on the account of
depreciation and interest, while in case of lease he will be entitled to deduction on account of
lease rental which will be higher in the initial years. Hence, tax consideration will also influence
management decision to own or lease.

n Capital Gain: It is important to understand that long term capital gain tax is less than normal tax
on business or interest income. Further in case of equities, where security transaction tax is
paid, there is no long-term capital gain and short-term capital gain is only charged at 10%. Even
if the taxpayer has long term capital gain he has the opportunity to reduce it by properly investing
it in approved bonds of National Highway Authority or Rural electrification Corporation under
section 54EC or investing in house property under section 54 and 54F. Thus if some one has an
option to earn regularly or through capital gain, the earning through capital gain will attract less
tax. This will influence the investment decision of the taxpayer.

n Amalgamation: There is limitation in the Income-tax Act for carry forward of losses. It is quite
possible that one of the group companies is making profit and another group company is making
losses. Some of these losses may be getting lapsed due to time limitation. One can not transfer profit
of one Group Company to another just like that as it would amount to tax avoidance and can invite
trouble. The tax planning in such cases could be to merge the two companies. However, it must be
ensured that the conditions of merger as given in the Income-tax Act are satisfied. These are:

16

1.

all property and liability of the amalgamating company or companies immediately

before the amalgamation becomes the property of the amalgamated company by virtue
of amalgamation.

2.

Shareholders holding not less than 75% in value of the shares in the amalgamating
company or companies become shareholders of the amalgamated company by virtue
of the amalgamation.

3.

Conditions as prescribed in section 72A of the Income-tax Act are satisfied by both
amalgamating company and the amalgamated company.

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Chapter Review

Tax Avoidance

Methods used for reducing Tax Liability

Tax Evasion
Tax Planning

Tax Planning

Residential Status
Individuals Investment
Employees Remuneration

Form of Ownership

New Business

Location

Tax Planning can be done through

Nature of Business
Companies

Capital Structuring
Make or Buy
Own or Lease

Capital Gain

Utilization of all available

legal means to reduce/defer taxes

Amalgamation

Escaping the incidence of tax legally

Exemptions

Utilizing the allowable

Deduction
Rebates
Reliefs

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Exercise
1.

A person manipulates his book of account to exclude some amount of sales and thereby
reducing his tax liability. This is termed as ______________.
a.
b.
c.
d.

2.

A person invests some money from his income in PPF in order to reduce his tax liability. This
is termed as:
a.
b.
c.
d.

3.

Tax evasion
Tax avoidance
Tax Planning
None of the above

Which of the following undertakings are eligible for exemptions under the Income Tax Act, on
account of their location?
a.
b.
c.
d.

4.

Tax evasion
Tax avoidance
Tax Planning
None of the above.

Located in Special Economy Zone

Located in Free Trade Zone
Located in notified area in North Eastern State
All of the above.

All undertakings exporting article or things are eligible for exemption under section 10B. The
statement is ________.
a. True
b. False

5.

Both developers of SEZ as well as units located in the processing area of SEZ are eligible for
tax exemption. The statement is ________.
a. True
b. False

6.

In partnership firm, the share of partners from partnership firm assessed as such, is taxable in
their individual hand. The statement is ________.
a. True
b. False

7.

Fringe Benefit Tax is payable by the employer and like TDS on salary, it is deducted from the
salary of the employees The statement is ________.
a. True
b. False

8.

Resident individual is taxable for his income earned outside India. The statement is ________.
a. True
b. False

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Anwers:
1.
2.
3.
4.
5.
6.
7.
8.

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a.
c.
d.
a.
a.
b.
b.
a.

Taxation Planning

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