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Increasing Complications for Income Tax payments

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April 12, 2018

What is the issue?

  • IT department has sought more information regarding tax-payers as per its 2018-19 directives than previously sought.
  • This rising disclosure requirements subject taxpayers to unnecessary burden and enhance compliance costs.

What is the new demand?

  • While start-up investors are already worried over ‘angel tax’ on equity infusions, Central Board of Direct Taxes (CBDT) has presented another googly.
  • Billions of dollars in angel funding have flowed into Indian start-ups lately.
  • As each venture receives successive rounds of funding, incumbent investors get to pocket substantial capital gains on exit.
  • This information is often hidden from the public domain, and is now being demanded by the IT department.
  • Individual investors will now have to disclose the excesses that are received from the sale of unquoted shares over and above their ‘fair market value’.
  • Such a disclose will allow the taxman to not just levy tax on the specific investor, but also to cross-verify valuation claims across investors in a venture.
  • This would hence ensure a consistent basis of valuation over time.

What is the major issue with this?

  • Fair Market Value even for listed entities is very subjective, and yield depends on the method of calculation, market conditions and investor sentiments.
  • In the absence of profits or tangible assets, the valuation of new-age start-ups is an even more qualitative exercise.
  • Hence, the disclosure requirements would open up a Pandora’s Box of discretionary assessments and disputed claims between taxmen and investors.
  • If the Centre is keen to provide impetus to start-up funding, it should ideally refrain from prescribing valuation methods and leave it to the markets.

What are the other issues?

  • In addition to this, high-income salaried people have been mandated to provide their salary breakup and give details on property, and investments.
  • Contrary to the stated purpose of moving to simpler tax filings, the CBDT has demanded more and more intrusive details from taxpayers.
  • While the IT department already collects a lot of data at source (from banks, TDS facilitators etc…), it is surprising that those aren’t being put to use.
  • Subjecting the entire taxpaying population to a rising compliance burden to crack down on a few bad apples is anything but a friendly tax regime.

 

Source: Business Line

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