Beruflich Dokumente
Kultur Dokumente
Excerpt
INDIA
3. OTHER TAXES ON INCOME
3.1. Dividend distribution tax
The dividend distribution tax (DDT) is a tax on distributed profits. DDT is payable by
domestic companies on the amount declared, distributed or paid by way of dividends out
of their current or accumulated profits, even if the company has no tax payable. No credit
is available to the distributing company or the shareholder in respect of DDT paid.
The rate of tax is 12.5%, plus surcharge of 10% and education cess of 2%, resulting in an
effective rate of 14.025%.
Domestic dividends are exempt from tax in the hands of the shareholder if the payer has
paid dividend distribution tax. Otherwise, the dividends are taxable as income of the
shareholder at normal rates.
4. TAXES ON PAYROLL
4.1. Payroll tax
There is no payroll tax.
4.2. Social security contributions
4.2.1. Pensions
Employers with at least 20 employees are required to contribute 12% (10% for certain
industries) of gross salaries to the Employees Provident Fund. The contributions are
mandatory with regard to employees who earn up to INR 6,500 per month, while
employees who earn more than INR 6,500 per month may opt not to contribute to the
scheme.
A contribution of 0.5% is also made to the Employees DepositLinked Insurance Scheme.
4.2.2. Social insurance
With regard to industrial workers, employers are required to contribute 4.75% of the gross
salaries to the Employees State Insurance Corp. for the provision of health insurance. The
contribution is capped at monthly gross salary of INR 7,500 per month.
4.3. Fringe benefits tax
Companies are subject to fringe benefits tax of 30% on the value of benefits in kind
provided to their employees, except where they are taxable on the employees (see
Individual Taxation, 1.3.2.).
5. TAXES ON CAPITAL
5.1. Net worth tax
Companies are required to pay wealth tax of 1% on the aggregate value of specified
assets, net of debts incurred in relation to those assets, exceeding INR 1.5 million.
Specified assets include certain types of landed property and cash in hand exceeding INR
500,000 which are not recorded in books of account.
5.2. Real estate tax
Owners of real estate may be subject to a state real estate tax or duty. The rates vary
among states.
6. INTERNATIONAL ASPECTS
6.1. Resident companies
A company is resident in India if it is an Indian company (see 1.2.) or its management and
control is located wholly in India.
6.1.1. Foreign income and capital gains
Resident companies are subject to income tax on their worldwide income, including capital
gains. The tax treatment of foreign income is generally the same as for Indiasourced
income (see 1.3. to 1.8.).
6.1.2. Foreign capital
See 5.1. and 5.2. for wealth tax and state real estate tax/duty respectively.
6.1.3. Double taxation relief
Foreign income tax for the purposes of a credit includes excess profits tax, business
profits tax and local taxes on income. The credit is granted on an overall basis, but limited
to the lower of the average Indian tax rate, or the average foreign tax rate. The average
tax rate is the rate resulting from the division of the tax amount by the income base on
which the tax arises.
Where the provisions of the ITA are more favourable than the provisions under a tax
treaty, the provisions of the ITA apply.
See 6.3.5. for a list of tax treaties in force.
6.2. Nonresident companies
A nonresident company is a company that is not a resident of India (see 6.1.).
6.2.1. Taxes on income and capital gains
Permanent establishments are allowed a limited deduction for the administrative expenses
of their head office, subject to a limit of 5% of income for the year. The treaty definition of
a permanent establishment applies if there is a tax treaty, otherwise income of a non
resident from a business connection with India is subject to tax.
The concept of a business connection is broader than a permanent establishment and
includes, for example, the granting to a resident of a licence to exploit an asset belonging
to a nonresident.
In general, nonresident companies and branches are taxed at 40%, plus 2.5% surcharge
and 2% education cess, resulting in an effective rate of 41.82%.
If a company's tax liability is below 10% of its book profits, the book profits are deemed to
be its taxable income and subject to a minimum alternative tax of 10.455%, including
surcharge of 2.5% and education cess of 2%. The minimum alternative tax is creditable
against ordinary tax liability. If minimum alternative tax exceeds the ordinary tax liability,
the excess is carried forward for up to 7 years to be used as a credit against future
ordinary tax liability.
A special presumptive taxation applies to nonresidents carrying on shipping or air
transport, turnkey projects or an equipmentletting business, whereby a specified rate
between 5% and 10% is applied to total receipts.
A deemed tax of 10% of payments is levied on payments for prospecting or extracting
mineral oil, constructing plant and machinery for approved projects by nonresidents. The
tax may be final at the option of the nonresident.
For further information visit www.ibfd.org