Skip to main content

Tax Planning: Avoid pitfalls while planning your tax

HOW often have people planned a financial transaction meticulously — down to optimisation of tax implications, based on advice, hearsay or their own reading of the law — and then realised to their dismay that a minor detail or development having been overlooked, the entire dynamics changed significantly? Well, one can take heart from the fact that one is not alone in such a situation; many are the circumstances under which people have had to cringe at that one slip, before moving on to correction, defence or litigation.


Take, for instance, the lack of care to report appropriately the details of your income to your employer. You have moved, in the middle of a financial year, to a high-paying job, where taxes are withheld by your employer after taking into consideration the basic threshold for exemption.

If you have not reported the income from your previous employment, and taxes already withheld after having considered the basic threshold, what you find at the end of the year, or when you get down to preparing your return of income, is that there has been a short deduction of tax which needs to be paid off together with interest for short deduction and deferment of tax. Equally, omission to report to the employer details of other income, e.g. interest (especially where no taxes are deductible at source) and house property income details (especially, where it results in a loss on account of interest paid on borrowings) results in avoidable short/ excess withholding, with all their consequences.

That scholarships received are exempt from tax, and have been held to be so even where an employer grants scholarships to employees’ children, with no reference however, to the employment per se, is known. However, it is important that you ensure that the grant is clearly for defraying the cost of the scholarship and no part is seen as compensation for services rendered to the payer as that is not eligible for exemption. Also, such scholarships are subject to fringe benefit tax (FBT). Where the FBT element is passed on to the recipient, you could find to your disappointment, that you receive a sum less (by about 17%) than what you expect or need.

Economic slowdown — whether global, national or in a given enterprise — could see instances of salaries foregone. In such a case, it is worth remembering that salaries are taxable on a ‘due’ basis, whether paid or not, which suggests an obligation on the part of the employer to pay, and a right to the employee to claim the same. If due, any waiver of salary would tantamount to application of income, and therefore be taxable. Legal precedence suggests that a deduction is in order under genuine circumstances, and in the absence of any real income, one would do well to ensure that the salary is forgone before it actually becomes due else to pay taxes thereon would add insult to injury!

Interest on housing loans can be deducted from income from house property-in respect of self-occupied property, subject to a cap of Rs 1,50,000, and to the extent of actual outgo, otherwise. Where a person has two houses, and has the option to choose the one that would be self-occupied while the other would be treated as if it has been let.

A mistake people make is in borrowing in respect of the self-occupied property which restricts the deductible interest even while income from the other property is taxed for the whole year, without any deduction the reform. Leveraging the benefits of the interest deduction available with the use of property is therefore, important.

An expatriate, employed by a foreign company, working in India for say, less than six months, is generally given the impression that no tax is payable on account of short stay exemption available to him. Consequently, the relevant details relating to income attributable to the tenure in India are not specifically maintained. However, where the foreign employer, contrary to initial projections, creates a permanent establishment at a subsequent date, the employee becomes taxable in India. This exposes him to tax liability, interest consequences, not to speak of compliance requirements for him and his employer.

To take advantage of the rules relating to residence, where a person plans to leave India or in the case of the returning Indian, on the last day of the threshold period, his calculations could go awry if the passport is stamped after midnight, or there is an inordinate delay in the flight, and an entire additional day is counted. Despite legal precedence that could be relied upon in such a case, cutting things so fine could inevitably involve litigation.

You could be the happy recipient of gifted property held by your well-wisher for decades. Pleased at its high current value, you sell it for a substantial consideration. You need to now contend with the capital gains implications. While the law is clear as to the cost of the acquisition (cost to the donor), vis-à-vis indexation, the law speaks of the first year in which the asset is transferred to the assessee, or April 1, 1981, whichever is later. Despite decisions at the tribunal level, this has caused grief to some sellers, saddled with a low cost of acquisition, together with an unfavourable index, leading to high capital gains!

Planning does not necessarily preclude slip-ups. Nevertheless the name of the game is to strategise financial decisions as comprehensively as possible, obtain advice and be informed of precedents, not forgetting to hope that no legislation with retrospective effect spoil the theme!

Popular posts from this blog

Stick to Good Fund Manager who Can Multiply Your Investment

A manager may be the difference between the best and worst funds. Here's how you can find the right one    Does a mutual fund manager make a difference to your investment? The answer may not be as easy as you think, since most best-performing mutual funds have moved away from individualistic fund management to process-driven methods, limiting the scope of an individual's role in investment decisions. In fact, many fund managers would speak at length about how the "system" their fund house has in place makes their task of picking stocks easy even though it restricts their freedom. Still, the question is important, especially after recent reports that the Securities and Exchange Board of India ( Sebi ) may ask fund managers to disclose to investors their track record of managing money. Let us take a look at the universe of large-cap funds over the past five years. According to Value Research, an independent mutual fund tracking firm, the topper in the category is DSP...

Tata Fixed Income Portfolio Fund dividend

Invest In Tax Saving Mutual Funds Online Download Tax Saving Mutual Fund Application Forms Buy Gold Mutual Funds Call 0 94 8300 8300 (India)       Tata Mutual Fund has announced dividend under the dividend option of Tata Fixed Income Portfolio Scheme B2 Plan A-DQ, Tata Fixed Income Portfolio Scheme B2 Reg-DQ and Tata Fixed Income Portfolio Scheme B2 Direct-DQ. The record date has been fixed as August 29, 2013. Happy Investing!! We can help. Call 0 94 8300 8300 (India) Leave your comment with mail ID and we will answer them OR You can write back to us at PrajnaCapital [at] Gmail [dot] Com --------------------------------------------- Invest in Tax Saving Mutual Funds ( ELSS Mutual Funds ) to upto Rs 1 lakh and Save tax under Section 80C. Invest Tax Saving Mutual Funds Onlin...

NRIs and direct taxes code (DTC)

DTC Proposes To Do Away With Special Provision That Allows NRIs Liberalised Duration Of Stay In Country      THE new direct taxes code could bring a large number of global Indians under the tax net, as it does away with a provision that allowed individuals to escape tax in any country citing double tax avoidance.    The new legislation, introduced in Parliament on Monday, says an individual shall be a resident of India in any financial year if he is in the country for more than 59 days in that year, and has been has been India for more 365 days in four preceding financial years. A number of Indian industrialists including Vedanta's Anil Agarwal and Essar's Ravi Ruia have acquired non-resident status over the years.    The DTC has only attempted to clean up the provision in line with the laws globally. A phrase "being outside India" in the existing income tax law exempted individuals who stay outside the country for six months from paying taxes. This was prone ...

How to gauge the risk profile of your mutual fund portfolio?

MUTUAL funds are considered to be an investment option for those who do not generally devote a lot of time to monitoring and managing their portfolios. Investors experience both good as well as tough times as far as mutual fund investments are concerned. But while evaluating the portfolio of their equity mutual fund holdings there are a few points that one should check to know about the level of risk that they are facing. Often there are situations where there is a higher risk than what was estimated initially. Here are a few ways to evaluate various risk levels. Individual holding exposure : The portfolio of the equity fund where one has invested or plans to invest needs to be scrutinised to see whether the risk levels are such that could lead to a larger volatility in the holdings. Depending upon this factor and the risk taking ability of the investor the choice about a particular fund as an investment should be made. One key point to watch out is whether there is a large ex...

Health insurance guide - Part I

Insurance, by definition, is morbid. What if I die suddenly? What if my home caught fire? What if I had to undergo expensive medical treatment? What if something that I thought happened only to others befell me? Insurers, who work with large samples, calculate the probability of such an event and, hence, the possibility of them having to pay out a sum of money to mitigate, to the extent possible, the effects of that disaster. However, the possibility of you undergoing some kind of expensive medical treatment during your lifetime is far more likely than you dying suddenly or your house burning down. Given that costs at private healthcare facilities, where you are most likely to land up, is high, and, doubling every four years 10 months or so, the rest of your money life could easily go out of whack if you had to incur such expenses. Just 12 per cent of India's population is covered with some sort of health insurance. Pared to the bone, for a comparatively small price, health insu...
Related Posts Plugin for WordPress, Blogger...
Invest in Tax Saving Mutual Funds Download Any Applications
Transact Mutual Funds Online Invest Online
Buy Gold Mutual Funds Invest Now