Direct Tax
Code (DTC) will be effective from April 1, 2012 onwards and will bring several
changes as regards how you invest across various asset classes. So you as an
individual need to rejig your investments accordingly.
The original
draft of DTC was much different from what it is in current form. Here’s some
more in depth analysis:
Highlights of the Direct Taxes Code bill
- Common threshold income tax
exemption limit for men and women proposed at Rs. 2 lakh per annum, up
from Rs. 1.8 lakh
- 10 per cent tax on annual income
between Rs. 2-5 lakh, 20 per cent on between Rs. 5-10 lakh, 30 per cent
for above Rs. 10 lakh
- Tax burden at highest level will
come down by Rs. 41,040 annually
- Proposal to raise tax exemption
for senior citizens to Rs. 2.5 lakh from Rs. 2.4 lakh
currently.(NOTE:-union budget 2011-12 already has proposed it.)
- MAT to be 20 per cent of book
profit, up from 18.5 per cent
- Exemption for investment in
approved funds and insurance schemes proposed at Rs. 1.5 lakh annually,
against Rs. 1.2 lakh currently (Refer- How insurance gets impacted)
- Proposed bill has 319 sections
and 22 schedules against 298 sections and 14 schedules in existing IT Act
- Once enacted, DTC will replace
archaic Income Tax Act.
- However, many provisions in
Income Tax Act will be a part of DTC as well.
- FBT wiil be charged to the
employee rather than the employer.
Salient
features
- DTC removes most of the
categories of exempted income. Equity Mutual Funds (ELSS), Term deposits,
NSC (National Savings certificates), Unit Linked Insurance Plans (ULIPs),
Long term infrastructures bonds, house loan principal repayment, stamp duty and registration fees on purchase
of house property will lose tax benefits.
- Only half of Short-term capital
gains will be taxed
- Surcharge and education cess are
abolished.
- For incomes arising of House
Property: Deductions for Rent and Maintenance would be reduced from 30% to
20% of the Gross Rent.
- Tax exemption on Education loan
to continue.
- Tax exemption on LTA (leave
travel allowance) is abolished.
- Medical reimbursement : Max
limit for medical reimbursements has been increased to rupees 50,000 per
year from current rupees 15,000 limit.
How
insurance gets impacted:
DTC will
have significant impact on insurance. Under DTC, to be eligible for tax
deduction, a policy should give life cover of at least 20 times the annual
premium. If this condition is not met, you will not get any tax deduction on
the premium and even the income from the policy will be taxable. Right now
income received from insurance policies is free. So make sure if you are
looking for tax deduction on insurance plan, make sure you buy a policy which
offers a bigger cover. This is possible only if term plan is for duration of
20-25 years. Bigger the cover, better for the policy holder.
Another not so good news is that tax deduction limit for life
insurance will get reduced from present Rs 1 lakh a year to Rs 50,000 an year*. This annual limit
of 50,000 will include the amount paid for tuition fees of children as well as
medical insurance for self and parents. So an insurance policy with a large premium,
around 80,000 – 1 lakh will fetch maximum tax deduction of only Rs 50,000.
But, good move is,
Under the DTC Bill, what was previously available as the 80C
deduction of Rs 1 lakh is now available
as a deduction towards investments only in retiral accounts such as PPF,
PF, NPS and in savings schemes as notified by the government. These are all
eligible for taxation under EEE treatment.
EEE refers to the tax incidence - exempt at
time of investment, exempt during accumulation and exempt at withdrawal. These
will be available for the tax year starting April 1, 2012.
*Additionally,
an aggregate deduction of Rs 50,000 is available for premium for pure life
insurance, health insurance and tuition fees for two children.
As a result,
the total deduction available is Rs 1.5
lakhs.
Please note
that under the previous 80C deduction investments in ELSS and ULIPs were
eligible for the Rs 1 lakh deduction, as was a deduction towards repayment of
principal for an outstanding home loan. Under the DTC Bill all these three
options are no longer eligible for a deduction.
The DTC will
also nudge policyholders to take long term view on investments. Premature
withdrawals from ULIPs will be taxed, so think twice before deciding on an
insurance policy. Agent telling you that surrender charges have been waived off
and you can withdraw money after 5 years without paying anything won’t hold
true anymore.
How equities
investment will be effected:
Exemption on
long term capital gains continuing is definitely positive news here. Investors
can continue with their investments as planned without any need to rejig them
due to DTC.
However ELSS
Mutual Fund scheme’s tax exemption will go and they will be treated at par with
other schemes in market with no tax exemption. Investors who are looking for
Mutual Funds for tax exemption should consider this factor while investing.
Definite
impact on Pension Funds:
Under the
DTC, most of current tax saving investment will not be eligible for deduction.
Instead focus has shifted to long term options with pension funds leading the
way. An annuity is an investment that gives out a regular income to the
investor. Pension plans require an investor to put at least 65% of corpus
received on maturity in an annuity which then gives him monthly pension. Though
more details are awaited but DTC ahs proposed to make annuity income exempt
from taxation which makes them good tax saving instrument. The New Pension
scheme is low cost pension fund which an investor can consider.
DTC impact
on Real Estate:
The
repayment of principal of your home loan will not be eligible for tax deduction
under the DTC. But there is also a bright spot wherein there is removal of tax
on notational rent. Right now people who own more than one house have to pay
tax on notational rental income even if second house is lying vacant. The DTC
will remove this anomaly and make investment in second home more tax efficient.
Another landlord friendly move is that advanced tax received from a tenant will
be taxed in year it relates, not when it was received.
DTC, more
importantly has retained tax benefit on the interest paid on home loan. The tax
benefits reduce the effective cost of home loan thus making it affordable for
borrowers.
DTC impact
on debt schemes:
Most significant
point here is that earlier proposal of taxing withdrawals from PPF is junked.
Another significant change that will impact investments in debt funds is the
new rule for calculating the indexation of capital gains. Indexation takes into
account inflation during the holding period and allows investor to adjust his
buying price. The DTC has changed this and the asset will have to be held for
more than 1 year from the end of financial year in which it was bought to avail
indexation benefits. This is a significant change and will impact the way
investors in FMPs and debt funds use this benefit
In
nutshell, let’s review the changes proposed on different investment
instruments:
Investment
Instrument
|
What’s
Changed
|
Your strategy
|
Public
Provident Fund (PPF)
|
Nothing at
all. Earlier plans to tax withdrawals withdrawn
|
Continue your
investment in this tax- free financial instrument as part of your debt
portfolio.
|
Pension Plans
|
Annuity
income to be exempt from tax
|
National
Pension Scheme (NPS) will get a look in. Invest in this low-cost product and
secure your life after retirement. Choose your fund manager carefully after
proper research.
|
Real Estate
|
Deduction for
interest to continue but not for principal. No more tax on notational rent
|
You need to
save more to shelve out EMI’s
|
Fixed
Deposits , Bonds
|
Nothing
.Interest to be taxed at normal rates.
|
Keep
investing as part of debt portfolio.
|
Equities and
Equity Oriented Funds
|
No change for
long term gains. Short term gains to be taxed at lower rate.
|
Continue
investing as per your asset allocation. Use SIP for compounding. Exemption on
ELSS will go.
|
Life
Insurance
|
Deduction
lowered to 50,000 per year. Life cover of 20 times the annual premium must
for tax deduction, exemption.
|
Buy term
plans for life insurance.
|
Debt Funds
and Other Non Equity Schemes
|
Long term
gains to be taxed as income
|
Go for
arbitrage funds that are treated as equity funds. Buy before financial year
ends to gain from indexation.
|
Courtesy: Wikipedia, Reuters