Income Tax On New Company



In order to give a boost to the Indian economy and to promote corporatization, the government has introduced an all-new section namely Section 115BAA and Section 115BAB to the Income tax act, whereby the governments have declared the tax benefits to those manufacturers who runs the business by formulating company subject to certain terms and condition. The said sections have received welcoming responses all over the nation. By this step of the government, the environment of running the business in India is expected to be more transparent and legalize. Let us discuss these sections in detail in this article.

Section 115BAA:

Section 115BAA of the Income-tax act states that, a Domestic company whether Manufacturer or not, needs to pay income tax at the rate of 22% (plus surcharge and cess) from the F.Y 2019-20 if such company adhere to certain terms and condition as prescribed under the act. After adding a surcharge of 10% and a cess of 4%, the effective tax rate would be 25.17%. A company that opts to pay tax at the above rate is required to adhere to the following conditions.

Terms and conditions to be followed

Such companies should not avail any exemptions/incentives under different provisions of income tax. Thus, the total income of such company shall be computed without:

1.      Claiming any deduction especially available for units established in special economic zones under section 10AA

2.      Claiming additional depreciation under section 32 and investment allowance under section 32AD towards new plant and machinery made in notified backward areas in the states of Andhra Pradesh, Bihar, Telangana, and West Bengal

3.      Claiming deduction under section 33AB for tea, coffee, and rubber manufacturing companies

4.      Claim deduction towards deposits made towards site restoration fund under section 33ABA by companies engaged in extraction or production of petroleum or natural gas or both in India

5.      Claiming a deduction under Section 35 for expenditure on scientific research, or an amount paid to a university or research association or National Laboratory or IIT.

6.      Claiming a deduction for the capital expenditure incurred by any specified business under section 35AD

7.      Claiming a deduction for the expenditure incurred on an agriculture extension project under section 35CCC or on a skill development project under section 35CCD

8.      Claiming deduction under chapter VI-A in respect to certain incomes, which are allowed under section 80IA, 80IAB, 80IAC, 80IB, and so on, except deduction under section 80JJAA and 80M

9.      Claiming deduction under chapter VI-A in respect to certain incomes, which are allowed under section 80IA, 80IAB, 80IAC, 80IB, and so on, except deduction under section 80JJAA

10. Claiming a set-off of any loss carried forward or depreciation from earlier years, if such losses were incurred in respect of the aforementioned deductions

11. A claim by an amalgamated company for set-off of carried forward loss or unabsorbed depreciation belonging to an amalgamating company if such loss or unabsorbed depreciation is on account of the above deductions; claiming a deduction for additional/accelerated depreciation. The normal depreciation can however be claimed.

12. The domestic companies opting for section 115BAA will not be able to claim MAT credits for taxes paid under MAT during the tax holiday period. The companies would not be able to reduce their tax liabilities under section 115BAA by claiming MAT Credits. The CBDT may issue a clarification on MAT credits in case of companies opting for tax under section 115BAA

13. The domestic company opting for section 115BAA shall not be allowed to claim set-off of any brought forward depreciation (additional depreciation) for the assessment year in which the option has been exercised and future assessment years.

Thus, we can say that a company that opts to pay tax at the above-mentioned rate is not allowed to claim any deduction mentioned in points 1 to 13.

·         Such companies will have to exercise this option to be taxed under section 115BAA on or before the due date of filing income tax returns i.e usually 30th September of the assessment year. For the AY 2020-21, the due date stands extended to 30 November 2020. Once the company opts for section 115BAA in a particular financial year, it cannot be withdrawn subsequently.

·         The option should be exercised by filing Form 10-IC, as notified by the CBDT. The form should be submitted online under a digital signature or under an electronic verification code.

·         There is no restriction on turnover and the company need not be a new company, any existing company can migrate into this section at any point.

·         The government has not prescribed a time limit for the domestic companies to choose a lower tax rate under section 115BAA. So such companies can avail the benefit of section 115BAA after claiming the brought forward loss on account of additional depreciation and also utilizing the MAT credit against the regular tax payable if any.

Other benefits:

·         Such companies will not be required to pay minimum alternate tax (MAT) under section 115JB of the act.

Section 115BAB:

The Taxation Laws (Amendment) Ordinance, 2019 passed on 20 September 2019 has inserted Section 115BAB offering a low tax rate of 15% (plus surcharge and cess) to new manufacturing companies. This means that the newly incorporated company engaged in manufacturing can avail the benefit of a lower tax rate subject to certain terms and conditions.

Let us see what are these terms and conditions:

1.      The company must be domestic and registered on or after 1 October 2019 and has commenced manufacturing on or before 31 March 2023. Such a company should:

2.      Not be formed by the splitting up and reconstruction of a business already in existence except in case of a business re-established under section 33B

3.      Does not use any plant or machinery previously used for any purpose. However, the company can use plant and machinery used outside India and used in India for the first time. Also, the company can use old plant and machinery, the value of which does not exceed 20% of the total value of the plant and machinery used by the company

4.      Does not use a building previously used as a hotel or a convention center. ‘Hotel’ means a hotel of two-star, three-star, or four-star category as classified by the Central Government. ‘Convention center’ means a building of a prescribed area comprising of convention halls to be used to hold conferences and seminars, be of such size and number and having such other facilities and amenities, as may be prescribed.

5.      The company should be engaged in the business of manufacture or production of any article or thing, and research concerning such article or thing. The company can also be engaged in the distribution of such articles or things manufactured or produced by it.

6.      The total income of the company should be calculated without claiming tax exemptions and incentives as mentioned below:

7.      Deduction under section 10AA for units in Special Economic Zone

8.      Deduction for additional depreciation under section 32 and investment allowance under section 32AD towards new plant and machinery made in notified backward areas in the states of Andhra Pradesh, Bihar, Telangana, and West Bengal

9.      Deduction under section 33AB for tea, coffee, and rubber manufacturing companies

10. Deduction towards deposits made towards site restoration fund under section 33ABA by companies engaged in extraction or production of petroleum or natural gas or both in India

11. Deduction for expenditure made for scientific research under section 35

12. Deduction for the capital expenditure incurred by any specified business under section 35AD

13. Deduction for the expenditure incurred on an agriculture extension project under section 35CCC or on skill development project under section 35CCD

14. Deduction under Chapter VI-A in respect to certain incomes, which are allowed under section 80IA, 80IAB, 80IAC, 80IB, and so on, except deduction under section 80JJAA

15. Set-off of any loss carried forward from earlier years if such losses were incurred in respect of the aforementioned deductions

16. Deduction for depreciation under section 32, except the additional depreciation as mentioned above

·         A new manufacturing company can opt to be taxed under section 115BAB. The company has to exercise the option on or before the due date of filing income tax returns i.e usually 30th September of the assessment year. Once the company opts for section 115BAB in a particular financial year, it cannot be withdrawn subsequently.

·         The effective tax rate would be: 15% (tax) + 10% (surcharge) + 4% (cess)= 17.16%.

Conclusion

Since the government is providing such huge tax benefits we advise all our readers to think to transform their existing business into the company format as soon as possible. Those, who are thinking to start a new business, can definitely go for the company format of business and avail the maximum tax benefits.

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