Monday, 22 June 2020

Tax rates under Private Limited and LLP in India

Tax Under LLP

Tax Under Private Companies

1.  Rate of Tax

For the Assessment Year 2020-21 & 2021-22, LLP is taxable at 30%.

The Rate of tax applicable to LLP is flat 30%. For income tax purpose, LLP is treated at par with partnership firms. If the total Income of LLP has exceeded Rs 1 Crore, amount of Income Tax shall be increased by a surcharge at the rate of 12%. Health and Education Cess @4% on income tax shall be chargeable

 

·         1. Rate of Tax

·         For the Assessment Year 2020-21 & 2021-22, where its total turnover or gross receipt during the previous year 2018-19 does not exceed Rs. 400 crore, Rate of tax applicable will be 25%.

·         In all other cases- Rate of tax applicable, will be 30%

·         The amount of income-tax shall be increased by a surcharge at the rate of 7% of such tax, where total income exceeds one crore rupees but not exceeding ten crore rupees and at the rate of 12% of such tax, where total income exceeds ten crore rupees

Health and Education Cess @4% on income tax shall be chargeable

 

2. Dividend Distribution Tax

There is no such Dividend distribution tax applicable to LLPs.

·         2. Dividend Distribution Tax

·         In the budget 2020, the Dividend Distribution Tax (DDT) has been removed and the dividend income had been made taxable in the hands of investors.

·         However, Investors will now receive dividend after tax deducted at source (TDS) at rate of 10 percent by the organizations distributing dividend irrespective of the tax slab rate in which investors fall.

 

 

Taxation on Domestic Company

Income-tax rates applicable in case of domestic companies for assessment year 2020-21 and 2021-22 are as follows:

 

Domestic Company

 

Assessment Year 2020-21

Assessment Year 2021-22

♦ Where its total turnover or gross receipt during the previous year 2017-18 does not exceed Rs. 400 crore

25%

NA

♦ Where its total turnover or gross receipt during the previous year 2018-19 does not exceed Rs. 400 crore

NA

25%

♦ Any other domestic company

30%

30%

Add:

(aSurcharge: The amount of income-tax shall be increased by a surcharge at the rate of 7% of such tax, where total income exceeds one crore rupees but not exceeding ten crore rupees and at the rate of 12% of such tax, where total income exceeds ten crore rupees. The surcharge shall be subject to marginal relief, which shall be as under:

 (i)  Where income exceeds Rs. 1 crore but not exceeding Rs. 10 crore, the total amount payable as income-tax and surcharge shall not exceed total amount payable as income-tax on total income of Rs. 1 crore by more than the amount of income that exceeds Rs. 1 crore.

 (ii)  Where income exceeds Rs. 10 crore, the total amount payable as income-tax and surcharge shall not exceed total amount payable as income-tax on total income of Rs. 10 crore by more than the amount of income that exceeds Rs. 10 crore

(bHealth and Education Cess : The amount of income-tax and the applicable surcharge, shall be further increased by health and education cess calculated at the rate of four percent of such income-tax and surcharge.

1. Special Tax rates applicable to a domestic company

The special Income-tax rates applicable in case of domestic companies for assessment year 2020-21 and 2021-22 are as follows:

 

Domestic Company

 

Assessment Year 2020-21

Assessment Year 2021-22

♦ Where it opted for Section 115BA

25%

25%

♦ Where it opted for Section 115BAA

22%

22%

♦ Where it opted for Section 115BAB

15%

15%

Surcharge : The rate of surcharge in case of a company opting for taxability under Section 115BAA or Section 115BAB shall be flat 10% irrespective of amount of total income.

Health and Education Cess: The amount of income-tax and the applicable surcharge, shall be further increased by health and education cess calculated at the rate of four percent of such income-tax and surcharge.

MAT : The domestic company who has opted for special taxation regime under section 115BAA & 115BAB is exempted from provision of MAT. However, no exemption is available in case where section 115BA has been opted.

In that case, the provisions of Minimum Alternate Tax (MAT) applies, tax payable cannot be less than 15% (+HEC) of "Book profit" computed as per section 115JB. However, MAT is levied at the rate of 9% (plus surcharge and cess as applicable) in case of a company, being a unit of an International Financial Services Centre and deriving its income solely in convertible foreign exchange. For provisions relating to MAT refer tutorial on "MAT/AMT" in tutorial section.

 

Taxation on LLP

For the Assessment Year 2020-21 & 2021-22, a partnership firm (including LLP) is taxable at 30%.

Add:

(aSurcharge: The amount of income-tax shall be increased by a surcharge at the rate of 12% of such tax, where total income exceeds one crore rupees. However, the surcharge shall be subject to marginal relief (where income exceeds one crore rupees, the total amount payable as income-tax and surcharge shall not exceed total amount payable as income-tax on total income of one crore rupees by more than the amount of income that exceeds one crore rupees).

(bHealth and Education Cess : The amount of income-tax and the applicable surcharge, shall be further increased by health and education cess calculated at the rate of four percent of such income-tax and surcharge

Reference: https://www.incometaxindiaefiling.gov.in/home

 


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