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Corporate tax

Company Tax Rates in India – Income Tax Provisions

The tax Rates, often known as business tax or company tax rate, is a direct tax collected by the government on a company's revenue or capital.

Tax Rates in India: Tax rates is a complex component of a country’s jurisdiction, and the regulations governing it vary greatly from one country to the next. Some nations, such as Curacao, Fiji, and Cyprus, are regarded as tax havens and are highly prized by companies due to their favorable tax regulations in these sectors.

Where a company’s usual tax due is less than 15% of book profit (plus surcharge and Health and Education cess, as applicable), it must pay Minimum Alternate Tax (MAT) of 15% of book profit.

Tax rates are deducted from profits before taxes in a company’s income statement to calculate net income (net profit) for a given period. The maximum rate of corporate taxation is 35%.

Company taxes are levied on the following organizations:

  • All corporations were founded in the nation (small, medium, and large)
  • Corporations that conduct business within the nation
  • Foreign firms with a permanent presence in the nation
  • Corporations that tax residents inside the nation

Meaning of Personal Tax

A personal income tax is a tax levied by the government on an individual’s earnings. In other words, an employee’s wages and salary are subject to income tax. Due to tax exemptions, deductions, and credits, most persons do not pay the entire amount of income tax. 

Personal income tax rates vary per nation due to differences in laws and government structures. However, the majority of nations have a so-called progressive income tax system, which implies that those who make more pay a greater tax rate than those who earn less.

The personal income tax is the income tax paid by individual taxpayers. Individuals are taxed at various rates based on income tax slab for the assessment year 2022-23.

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Definitions and Types of Entities

A company entity, often known as a corporation, is an artificial person that is legally deemed to have specific rights and obligations so that it has a separate legal identity from its stockholders. Corporations in India are divided into two groups, as follows:

Domestic Corporations

A Domestic Corporation is a firm that was created in India and is registered under India’s Companies Act, 2013. Even a foreign corporation can be deemed a domestic corporation if the Indian arm’s management and control are entirely headquartered in India.

Foreign Corporations

As the name implies, a foreign corporation is a firm located outside India and not based in India. Again, if portions of a foreign firm’s management and control are located outside India, it is considered a foreign corporation.

This distinction is significant because local firms in India are taxed on their total income, but international corporations are taxed only on the money generated by their Indian activities.

Income of a Company

Before we can comprehend the company tax rate and how the tax will be computed on a company’s revenue, we must first understand the many forms of income that a company might receive. Here you go:

  • Profits generated by the business
  • Capital Gains Tax Rate
  • Income from property rental income from other sources such as dividends, interest, and so on

A tax rate is calculated based on net sales or profits. A firm’s net income/net revenue is the entire amount left with the company after deducting all required costs. A corporation incurs a slew of expenditures when it sells things. The following are the costs:

  • Depreciation
  • The whole cost of the products sold
  • Expenses while selling
  • Expenses for administrative purposes

A company’s income comprises net profit from operations, rent revenue, capital gains, and income from other sources such as interest or dividend income. Therefore, Net Revenue = Gross Revenue – (Expenses Depreciation).

For the fiscal year 2021/22, the corporate income tax (CIT) rate applicable to an Indian firm and a foreign corporation is as follows:

Type of Company

  • Surcharge on Net Income Less than 1 crore
  • Surcharge on Net Income greater than 1 Crore and less than 10 Crore
  • Surcharge on Net Income greater than 10 Crore
  • Domestic with annual turnover up to 250 Crore

-25%

-Nil

-7%

-12%

  • Domestic Company with a turnover of more than 250 Crore

-30%

-Nil

-7%

-12%

  • Foreign Companies

-40%

-Nil

-2%

-5%

Tax Rates Applicable

Based on their turnover, the following rates apply to domestic companies for AY 2020-21:

  • Sections

-Tax rate

-Surcharge

  • Section 115BA (Companies having turnover up to 400 crores in FY 2017-18)

-25%

-7%/12%*

  • Section 115BAA

-22%

-10%

  • Section 115BAB

-15%

-10%

  • Any other case

-30%

-7%/12%*

*Plus a surcharge if a corporation is taxed under Section 115BA. Surcharges are levied at a rate of 7% if the total revenue exceeds one crore rupees but does not exceed 10 crores. If your total income exceeds 10 crores, you will be charged a 12% fee. If a firm chooses to be taxed under Section 115BAA or Section 115BAB, the surcharge is 10% of the entire revenue.

Based on their turnover, the following rates apply to foreign companies for AY 2020-21:

Nature of Income

Tax Rate

Royalties or payments for technical services obtained from the government or any Indian firm under an agreement signed prior to April 1, 1976, and authorized by the central government 50%. Any other income is 40%.

Surcharge rate
  • If total income exceeds 1 crore but not 10 Crore

-7% of tax calculated on domestic company/ 2 % of tax calculated on the foreign company as per the above rates

  • If total income exceeds 10 crore

-12% of tax calculated on domestic company/ 5 % of tax calculated on the foreign company as per the above rates as foreign income tax in India.

Education and health Cess:

An additional 4% of the computed income tax and an appropriate surcharge will be applied to the amount of total tax due before this cess.

Minimum Alternate Tax (MAT):

Alternatively, all firms (including foreign corporations) must pay a minimum alternate tax of 15% on book earnings if the tax computed using the aforementioned rates is less than 15% of book profits. If the corporation does not choose Section 115BAA or Section 115BAB, this will apply.

Company Tax Rebates

As a firm is subject to several sorts of taxes, specific options exist for corporation tax refunds or deductions. The following are the most important ones to consider:

  • In some circumstances, interest income can be deducted
  • A business entity’s capital gains are not taxed
  • Dividends may also be entitled to a tax rebate, subject to certain rules and circumstances
  • The entity has the right to carry commercial losses for a maximum of eight years
  • Certain deductions may apply if a corporation establishes new power sources or infrastructure
  • A fixed number of deductions are permitted to a corporation in the case of exports and new ventures
  • If the corporation desires to venture capital enterprises or funds, various amounts of provisions for deductions are authorized
    If a domestic corporation gets dividends from another domestic corporation, the dividends might be deducted as rebates.
  • Get Vakilsearch expert advice for company tax related services.

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