The government has announced deep cuts in corporate taxes. To understand the scenario behind the reduction in the taxation system please go through this blog on Corporate Tax Cut 2019. It will provide you each and every detail of the recent tax cut, what evaluations are done by the companies, what are they planning to do, what experts have to say etc. Questions on the Indian economy are frequently asked on every government and banking exams like IBPS Clerk, IBPS PO, SSC CPO, RBI Grade B, so this blog will be very helpful for all the aspirants preparing for exam. So, here we begin.
Corporate Tax Cut
- On 20 September 2019 Finance minister Nirmala Sitharaman announced the lowest corporate tax for new manufacturing units.
- This new tax cut will be effective for those manufacturing units that began production before 31 March 2023.
- The effective tax rate for such companies could be 17%, including surcharge.
Companies evaluating how to take advantage of the cut
- Companies with expansion plans are evaluating how to take advantage of this cut.
- Companies have stopped expansion and are reaching out to tax experts after the corporate tax for new companies is set 15%.
- Instead of investing directly, if a separate entity is formed for the same investment, there could be a tax arbitrage of 10 %.
- So, many companies are planning for setting up new entities to take advantage of the lower tax structure.
What Tax Experts have to say – Corporate Tax Cut
- According to tax experts, most companies that have expansion plans are planning to set new entities to take advantage of lower tax structure.
- 10% of tax artibrage is massive for any business, every company is looking for new legal entities that would be fully owned by them.
- The creation of new fully owned legal entities from where dividend can be received and Dividend Distribution Tax(DDT) can be set off so that there is no leakage of tax.
Supreme Court Orders for Companies
- There is a Supreme Court order on Reconstruction of business.
- The Supreme Court rules for reconstruction defines that reconstructing of business and companies will have to create structures that don’t disregard these norms.
What is the idea behind the tax cuts?
- To generate private investment which is now at a low ebb.
- To attract foreign investors looking for alternative sites for their global value chains disrupted now by the tariff war between China and the U.S.
- Fulfill the long-standing demand of Corporate India.
- Now the corporates have to deliver in terms of fresh investment and passing on the benefit of lower taxes down the chain to consumers and investors.
Prerequisites that Company have to meet.
- Industry trackers said that some conditions have to be met so that Taxman do not harass company in the future.
- While companies can avail a 15% tax rate by making capital expenditure through a new legal entity.
- Companies have to be mindful that it is not a restructuring and even new companies shouldn’t have borrowed money from an existing entity or even customers can’t be moved to the new company.
- Apart from that, several other factors like cash management, DDT and business cycles in the sectors and the amount of time to break even will have to be taken into consideration as well.
- However, if it has to be done company would need a vigorous tax structure.
Condition on Existing Employees
- One of the condition that the company will have to take care of is that they do not use the same plant and machine in the new entity.
- The company cannot have more than 20% of existing employees.
- There is fear among the Insiders that companies may sell off their existing assets only to be bought by the new entity.
- This step will directly come under the taxman’s scrutiny and taxman can use General Anti Avoidance Rule(GAAR) an anti-avoidance rule, to make sure companies do not evade tax.
Source: Economic Times.
This was all in today’s Blog on Corporate Tax Cut. Hope this input will help you in your future examinations. For more such blogs stay tuned with Oliveboard.
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