Thursday 28 February 2013

Surprise! It is in Government's interest to raise income tax exemption limit from Rs.2 Lakhs to Rs.5 lakhs

Lot of people are rightly disappointed that income-tax exemption limit for individuals has not been raised at all from Rs.2 Lakhs at all by the Budget 2013 presented by the Finance Minister in Lok Sabha today. Only a tax credit upto Rs.2,000 has been given for individual resident taxpayers with total incomes of Rs.2 Lakhs to Rs.5 lakhs. This measly amount is simply nothing in the wake of inflation.  
Increasing income-tax exemption  limit from Rs.2,00,000 to Rs.5,00,000  makes sense for the Government too. Here is why. The Parliamentary Standing Committee  on Finance  in its report on DTC Bill (49th report, March 2012)  pointed out that: 
  • Almost 90% of taxpayers comprise of individual taxpayers in the 0-5 lakh income slab without commensurate tax yield; which translates into nearly 3 crore assesees.
  • The Committee finds it absurd that the Department should diffuse their energies and spread their resources thin over handling such a large number of individuals with low income potential.
  • The argument that more taxpayers have to be brought within the tax net for widening the tax base can hold water only to the extent that this approach brings in more taxpayers and tax revenue from the higher income brackets, rather than simply adding to the numbers in the lower segments.
  • Keeping in view the inflationary trends in the economy and the imperative to leave more disposable incomes in the hands of individual tax payers, particularly those in the lower income bracket, the Committee would recommend that the tax slab attracting „nil rate, that is, full exemption from tax on income should be raised to three lakhs from the proposed two lakhs.
  • As reasoned earlier, higher exemption limit would go a long way in minimising the compliance and transaction costs of the Income Tax Department, which can now focus their attention and re-orient their resources on the higher income groups, untaxed or concealed incomes, and categories and sectors that are avoidance or evasion prone.
  • The revenue gap, if any, could be easily bridged by way of stringent measures to curb and bring to book unaccounted money and through realisation of huge tax arrears and by way of savings from the proposed transition to the investment-linked incentive / exemption regime. [Paras 87 and 88 of the Report]
At the time of passing of Finance Bill, the Finance Minister may consider the following suggestions:
(i)Either increase the exemption limit from Rs.2,00,000 to Rs.3,00,000 for general individual resident taxpayers and Rs.2,50,000 to Rs.3,50,000 for senior citizes. The 10% tax slab will be from Rs.3,00,000/Rs.3,50,000 to Rs.5,00,000
(ii)Or eliminate the 10% tax slab altogether and increase exemption limit from to Rs.5,00,000 across the board and have only 20% and 30% tax slabs

Increasing exemption limit will be win-win for Government, taxpayers, businesses and economy in general as under:
·   incentivise hardwork and enterprise as more disposable incomes and savings will result
·   relief to taxpayers from inflation
·   incentivise more investments since purchasing power of consumers increase and businessmen will want to profit from that; this will generate higher employment
·   due to highr consumer spends more sales tax and VAT collections will result
·   stock market sentiments will revive resulting in higher STT collections
·   increase voluntary compliance 
·   reduce evasion and avoidance
·   reduce cost of collection and administrative work for Government
  

Tuesday 26 February 2013

Budget 2013: Hope there wont be any retrospective amendments to tax laws

Its common experience that every Union Budget makes retrospective amendments to tax laws to overcome judicial decisions adverse to the Government. In Union Budget ,2012 there were a record number of retrospective amendments some of them effective from 1st April 1961.

Retrospective amendments come into force from  a back date. Retrospective amendments cause obvious inconvenience to the taxpayers. As I had pointed out in my letter to editor of Economic Times dated 11th October 2012  http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=pastissues2&BaseHref=ETM/2012/10/12&PageLabel=14&EntityId=Ar01407&ViewMode=HTML:
 "Citizens structure their transactions as per the tax laws in force at the time of the transaction. Retrospectively amending tax laws to bring into the tax net previously excluded transactions or transaction structures is patently unfair. Constitutions of various countries such as Sweden, Brazil, Greece, etc, forbid retroactive amendments to tax laws."

However, unfairness or fairness is one thing. Legality is quite a different thing. Unlike the Constitutions of some other countries, the Constitution of India doesnot forbid retrospective amendments to laws except to criminal laws. Only retrospective amendments which create new offence or enhance punishments are per se unconstitutional. Retrospective amendments to tax laws are not per se unconstitutional or illegal in India. Courts have consistently held that Parliament's power to amend includes power to amend retrospectively. However, in Avani Exports v CIT [2012]23 taxmann.com 62, the Gujarat High Court ruled that retrospective amendments to provisions conferring tax benefits  cannot take away tax benefits by imposing new conditions retrospectively which the assessee cannot go back in point of time and satisfy. My powerpoint slides on this ruling are available here http://www.slideshare.net/sri2009/constitutionality-of-retro-amendments-depriving-tax-benefits

Its high time that the Constitution of India be amended to bar retrospective amendments to tax laws which are adverse to the taxpayer. Apart from obvious inconvenience to taxpayers, the retrospective amendments render the Judiciary redundant in a way. Only one person can win a tax case. The Government. If Government loses the case, it will retrospectively amend tax laws to overcome the ruling.

Very tedious TDS : Why not compensate TDS deductors for their tedious job?

Chapter XVII-B of the Income-Tax Act,1961 deals with deduction of tax at source(TDS) from specified payments and depositing the TDS with the Government.

TDS is very tedious indeed. It involves expenditure and effort in complying wit provisions-keeping records, deducting the amounts, depositing them within specified time limits and furnishing TDS returns.

Organisations have to  devote full-time staff to comply with it. These organisations (deductors of TDS) get no remuneration from the Government for their efforts. On the contrary, they are penalised for slip-ups by way of
  • penalties, 
  • interest and
  • disallowance of amounts paid without TDS deduction in computation of business income.
I am not suggesting one bit to do way with the penalty provisions. What I am suggesting is that the deductors be compensated . A remuneration may be allowed to them as a % of TDS deposited with Government in a financial year-say 5% of amounts of TDS deposited. It is uncivilised to make people work for you sans remuneration on the threat of penalties. This is nothing but bonded labour or forced labour. .

Monday 25 February 2013

"Carrots"(Incentives) for honest taxpayers

In India, approach to tax administration is a mixture of preaching good citizenship and coercive measures liker penalties, raids etc. In other words, there is more reliance on "stick" rather than "carrots". One hopes the Honourable Finance Minister dangles out carrots to the honest taxpayer. Of Course, I am not saying dont punish the tax evaders.  Do that in full force. But also incentivise the honest. Not incentivising the honest is a bigger tragedy than not punishing the dishonest.

My scheme is very simple. Let every income-tax payer be granted an unsecured interest-free or  loan at a concessional -interest rate of say 3% p.a. against Post-dated cheques. Loan should be hassle-free and sanctioned and disbursed within 2 hours. The amount of loan be a multiple of  on average income-tax paid during last five years by the taxpayer. For example, loan amount =10 times the average tax paid The taxpayer be granted new loan after say 7 years of availing the earlier one provided he has repaid it.

It is not that hitherto no attempts have been made to incentivise honest tax payers. In UP, there is provision for insurance scheme for dealers registered for trade tax 
"Q.9      What facilities has the State provided to the registered dealers ?
A.9        Some important facilities which are provided to registered dealer  are-
(1)   The manufacturer  can  purchase the  raw materials at reduced  rate of Tax.
(2)   There is a provision of Insurance scheme for the dealers registered under U.P. Trade Tax Act ".           
 http://comtax.up.nic.in/HelpDesk/faq.htm
 My idea is even better than the UP one in that my scheme links benefits to tax paid.

No less a person than Albert Einstein had said that if you do the same thing again and again, you cant expect different results. Let us change the approach then.
Update:  Pakistan PM  Rewards 100 Top Taxpayers
 http://www.outlookindia.com/news/article/Pakistan-PM-Nawaz-Sharif-Rewards-100-Top-Taxpayers/849942
If Pakistan can do it, why cant India do it?

Sunday 24 February 2013

Budget 2013-Increase income-tax exemption limit from Rs 2 Lakhs to Rs.5 Lakhs

Budget,2013 should raise income-tax exemption limit from Rs.2,00,000 to Rs.5,00,000 and restructure various tax slabs. This would be a win-win proposition for everyone-Government, taxpayers and industry for the following reasons
(1)As per March 2012 report(49th report) of the Parliamentary Standing Committee on Finance, those with annual income upto Rs.5Lakhs constitute some 89% of taxpayers but contribute only 10% of tax revenues collected.
(2)This means high cost of collection-disproportionate effort compared to revenues collected. Clear case for raising annual threshold exemption limit from present Rs.2,00,000 to Rs.5,00,000.
(3)Those with Annual Incomes Rs.5 L to 10L are 5.6% of taxpayers and contribute to 14.8% of tax revenues-Tax slab of Rs 5L to 10L at 10%. Currently 10% tax slab is applicable for incomes of Rs 2L to Rs.5L
(4)Tax for slab 10L to 20L be 20%. Currently 20% slab is Rs.5L to Rs.10L
(5)The 30% tax rate should kick in for incomes exceeding Rs.20L. Currently incomes exceeding Rs.10L taxed at 30%

The above restructuring of tax slabs will:
  • incentivise hardwork and enterprise
  • incentivise more investments
  • increase voluntary compliance 
  • reduce evasion and avoidance
  •  reduce cost of collection and administrative work for Government