Income Tax

GST, Income Tax, Investment(Savings)

ITR Filings

What is the meaning of income tax? Taxes are of two types, namely, ‘Direct Tax’ and ‘Indirect Tax’. Taxes that are directly levied on the income is known as ‘Direct Tax’ For e.g. ‘Income Tax’. The income earned is divided into the following ‘Heads of Income’- 1. Income from Salary, 2. Income from House Property, 3. Income from Business and Profession, 4. Income from Capital Gain, and 5. Income from Other Sources. How is income tax calculated? The Income Tax is calculated based on the ‘income tax slab rates’ as applicable during the respective Financial Year. Income tax slab rates (both old and new tax regime) as applicable for the Financial Year 2020-2021 (i.e., the Assessment Year 2021-2022) is briefed hereunder- OLD TAX REGIME- Tax slab for individuals- Individual (resident or non-resident) Resident senior citizen(i.e., age group 60 years or more but less than 80 years) Resident super senior citizen(i.e., age group above 80 years) Net Income Tax Rates Net Income Tax Rates Net Income Tax Rates Up to INR 2,50,000 NIL Up to INR 3,00,000 NIL Up to INR 5,00,000 Nil INR 2,50,001 – INR 5,00,000 5% INR 3,00,001 – INR 5,00,000 5% INR 5,00,001 – INR 10,00,000 20% INR 5,00,001 – INR 10,00,000 20% INR 5,00,001 – INR 10,00,000 20% Above INR 10,00,000 30% Above INR 10,00,000 30% Above INR 10,00,000 30% – – Tax slab for HUF, AOP and BOI or any other artificial juridical person- Net Income Tax Rates Up to INR 2,50,000 NIL INR 2,50,001 – INR 5,00,000 5% INR 5,00,001 – INR 10,00,000 20% Above INR 10,00,000 30% NEW TAX REGIME- Tax slab for individual and HUF- Total Income Tax Rates Up to INR 2,50,000 NIL INR 2,50,001 – INR 5,00,000 5% INR 5,00,001 – INR 7,50,000 10% INR 7,50,001 – INR 10,00,000 15% INR 10,00,001 – INR 12,50,000 20% INR 12,50,001 – INR 15,00,000 25% Above INR 15,00,000 30% OTHER INCOME TAX SLABS- Partnership firm (including LLP) and the local authority are taxed at the rate of 30%. Domestic company- Normal Rate Special Rate Particulars Tax Rates Particulars Tax Rates Turnover or gross receipts up to INR 400 Crores in the Financial Year 2019-2020 25% As per section 115BA 25% Others 30% As per section 115BAA 22% – – As per section 115BAB 15% Co-operative society- Income Tax Rates Up to INR 10,000 10% INR 10,001 – INR 20,000 20% Above INR 20,000 30% It is important to note that ‘Surcharge’ and ‘Health and Education Cess’ is applicable over and above the tax rates mentioned above. What are the Income Tax Returns (ITRs) in India? Income Tax Returns- A Form has to be filed as a statement of income earned. It is arranged in such a way that calculating tax liability, scheduling tax payments, or requesting refunds for the overpayment of taxes has been made convenient for the taxpayers. They must, first, determine the type of Income Tax Return (ITR) Form they need to fill before actually filing their Returns. Which Form is to be filled, depends on the income that the taxpayer earns. Its purpose is to report our income and taxes paid thereon to the government. Basically, income tax returns (IT returns) is a form through which the annual income of the taxpayer is reported. Based on the income assessment group, the taxpayer will have to submit one of the following ITR forms- ITR forms Applicable to ITR 1 Resident individual-Having income from ‘salary’, ‘one house property’, ‘other sources’; andHaving total income up to INR 50 Lakhs and agricultural income up to INR 5,000. ITR 2 Individual and HUFs not having any income from profits and gains of business or profession ITR 3 Individual and HUFs having income from profits and gains of business or profession ITR 4 Resident individual, HUFs and Firms (not LLP)-Having total income up to INR 50 Lakhs; andHaving income from the business and profession computed under section 44AD, section 44ADA or section 44AE. ITR 5 Any person other than-Individual,HUF,Company, andPerson filing return in ITR-7. ITR 6 Companies (other than companies claiming exemption under section 11) ITR 7 Any person (including company) who are required to furnish return under section 139(4A); or section 139(4B); or section 139(4C); or section 139(4D). What is the last date for filing ITR for AY 2021-22? As per the latest issued circular no. 17/2021 dated 9th September 2021, the due dates for filing the ITR for the Financial Year 2020-2021 is extended. Original due date and extended due dates are tabulated hereunder- Particulars Original due date Extended due date ITR filing by the taxpayers not covered under tax audit 31st July 2021 31st December 2021 ITR filing by the taxpayers covered under tax audit 31st October 2021 15th February 2022 ITR filing by the taxpayers required to furnish report referred in section 92E 30th November 2021 28th February 2022 E-filing process F.Y. 2020-2021- Recently, on 7th June 2021, the Central Board of Direct Taxes launched the new e-filing portal www.incometax.gov.in.Despite many initial technical challenges, the new portal has certainly tried to make the ITR filing much easier. ITR filing is possible in both online and offline modes. The basic steps to be followed for filing the ITR is summarized hereunder- STEP 1 – Visit site https://www.incometax.gov.in/iec/foportal. STEP 2 – Click the ‘Login’ icon available on the right-hand side. STEP 3 – Enter ‘User ID’ and click Continue. STEP 4 – Enter ‘Password’ and click Continue. STEP 5 – Click ‘File Now’. STEP 6 – Select Assessment Year 2021-2022 from the drop-down list. STEP 7 – Select the mode of filing i.e. Online or Offline. STEP 8 – Click Continue. STEP 9 – Based on the mode of filing selected, fill up the required details and submit the return. Advantages of tax filing Processing of Loans & Visa: If you apply for any loans such as a home loan, car loan, etc., the eligibility and quantum of loan would depend on your income. This can be established through filed ITRs. ITR will help your lender to assess your repayment capacity. If you

Case Laws, Company Law, Income Tax, Others, Start-Ups

LLP registration in India by an NRI

Earlier, NRIs and Foreign Nationals looking to start a business in India did it through the automatic route of 100% foreign direct investment (FDI) in a private limited company. Subsequently, the Indian government permitted a 100% FDI in a Limited Liability Partnership (LLP) via the automatic route. This made it easier for NRIs and foreign nationals to invest in Indian businesses. Today, we will look at the process of LLP registration in India for NRIs and foreign nationals. Before November 2015, an NRI or a foreign national needed to seek approval from the Indian government to invest in an LLP in India. Hence, the process was long and expensive. This was another reason behind the preference of a private limited company for FDIs. However, with the relaxation of the rules in November 2015, LLPs became the ideal option for FDIs in India. Today, the government permits a 100% FDI in an LLP in India via the automatic route. While the government has restricted the sectors for these investments, there are no other deterring factors. Minimum Requirements for LLP registration by an NRI: Shareholders: Minimum 2 shareholders are required for the incorporation of LLP. Designated Partners: Minimum 2 designated Partners are needed of them at least 1 should be a Indian resident. An office address in India. In order to register a Limited Liability Partnership (LLP) by an NRI, the identity proof, address proof as well as documents regarding Indian origin are required. Each one of these documents is required to be attested through the Indian embassy or notary public. PROCESS FOR LLP REGISTRATION IN INDIA FOR NRIS AND FOREIGN NATIONALS In India, you need at least two people to register an LLP. One of them should be an Indian citizen and resident in India.  Here are the steps for LLP registration in India for NRIs and foreign nationals: Obtain Digital Signature Certificate (DSC) All proposed designated partners of the LLP must have a DSC. NRIs and foreign nationals need to attach a notarized or apostilled copy of their Passport and proof of address along with the DSC application. Apply for a Designated Partner Identification Number (DPIN) All designated partners in an LLP need a DPIN. Thay can apply for the DPIN together with the application for incorporation of the LLP  in form Fillip. Seek approval for the name of the LLP You must apply for reserving the name of the LLP. You must make this application to the Ministry of Corporate Affairs (MCA) in form RUN-LLP. Also, you can apply for up to four names as per your preference. (two names each attempt). The proposed names must follow the guidelines as per the LLP Act, 2008. Further, you must ensure that the name is unique and not similar to any other LLP name by making a check on the MCA website. Incorporate the LLP Once you receive approval for a name, you must submit the application for incorporation of the LLP within 3 months. You will have to submit the required documents ie. Subscribers’ sheet along with the consent of the partners, NOC and proof of Registered Office and details of interest of designated partners in other entities in form Fillip.  Once the application is approved, the MCA provides a certificate of incorporation and you can commence business. File the LLP Agreement Within 30 days of incorporation of the LLP, you must ensure that all partners sign the LLP agreement and file it with the MCA. Unless you file the LLP agreement, the incorporation process is incomplete. Also, failure to comply results in heavy fines. PRIVATE LIMITED COMPANY REGISTRATION IN INDIA BY AN NRI In case of the ‘Non-resident Indian’ (NRI), and Overseas Citizens of India (OCI), the Private Limited Company registration in India could be considered as the ideal kind of business that could be registered in India. Reasons for choosing Private Limited Company registration in India by an NRI or OCI A Private limited company can be started with as less as two shareholders. Private limited companies are seen as particularly ideal for non-Resident Indians due to the nature of its legal and capital requirements. Compliance of a private limited company is much simpler compared to that of a Public limited company. There is no requirement of prior approval from the Government or the Reserve Bank of India for directing foreign investments into a private limited company. Pre requisites for Private Limited Company registration in India 2 directors 2 shareholders An office address in India. (one of the directors must be an Indian Resident) For becoming a director of an Indian Company one should obtain Directors Identification Number (DIN) and Digital Signature Certificate (DSC).  Most of the forms filed with the Registrar of Companies (ROC) must be signed with the DSC. In order to register a Private Limited Company or Public Limited Company by an NRI, the identity proof, address proof as well as documents regarding Indian origin are required. Every one of these documents is required to be attested through the Indian embassy or notary public. FEMA Regulations for NRI and OCI for Company registration in India To ease investment in India, the government permitted NRIs as accepted entities for investment as per the Regulations notified under Foreign Exchange Management Act, 1999. NRIs as per current FDI/FEMA legislation in India includes persons who are resident outside India but are citizens of India or are persons of Indian origin. NRIs can invest in India either by purchasing shares of an Indian company or investing in the capital of any existing entity or by registering a new business in the country. The FEMA regulations for NRIs an OCI wanting to invest and register a company in India are described in Schedule 4 of Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2017. SCHEDULE 4 OF FOREIGN EXCHANGE MANAGEMENT (TRANSFER OR ISSUE OF SECURITY BY A PERSON RESIDENT OUTSIDE INDIA) REGULATIONS, 2017 IN DETAILS BELOW: Schedule 4 [See Regulation 5(4)] Investment on non-repatriation basis A. Purchase

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