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

Retirement planning from a long-term perspective

Invest In Tax Saving Mutual Funds Online Download Tax Saving Mutual Fund Application Forms Buy Gold Mutual Funds     `HOW green was my valley'. This title comes from a movie I had watched many years ago. A little boy's journey into adulthood and the story of a Welsh valley's turn of-the-century descent from pristine paradise to despoiled coal mining.   I thought of the title because it is comparatively reflective of a person's life ­ the glorious years when he is earning and the sun down years when he is not having his regular job and, hence, his living standards comes down. The reason is a combination of things. Inflation of food items, transport, increase in health related costs in the later years of life and increase in expenses in almost all basic amenities of life. In India, the social security system is almost non-existent. In some states, wherever it is available, the scales of benefits are extremely modest...

LIC's JEEVAN SHIKHAR

  LIC's Jeevan Shikhar is a participating, non-linked, saving cum protection single premium plan wherein the risk cover is ten times of Tabular Single Premium. The proposer will have an option to choose the Maturity Sum Assured. The premium payable shall depend on the chosen amount of Maturity Sum Assured and age at entry of the life assured. This plan also takes care of liquidity need through its loan facility. The plan will be open for sale for a maximum period of 120 days from the date of launch. 1.   BENEFITS   : a) Death Benefit: On death during first five policy years: Before the date of commencement of risk   :   Refund of Single Premium without interest. Single Premium mentioned above shall not include any extra amount if charged under the policy due to underwriting decision and taxes. After the date of commencement of risk   : "Sum Assured on Death" equal to 10 times the tabular single premium shall be payable. On death after completion of five policy years but b...

Investment Strategy - What is Sector Rotation Theory?

Buy Gold Mutual Funds Invest Mutual Funds Online Download Tax Saving Mutual Fund Application Forms Call 0 94 8300 8300 (India)   The economy goes through cycles : it expands for a few years and then contracts. Study of historical data suggests that different sectors tend to perform well on the stock markets during different stages of the economic cycle. While history never repeats itself exactly, some broad patterns tend to recur. Investors can take advantage of the sector rotation theory to move their money from those sectors that have seen their best times to those that are likely to do well in future.   The person who developed the sector rotation theory is Sam Stovall, chief investment strategist at Standard & Poor's. He developed this theory by studying data on economic cycles going as far back as 1854 provided by the National Bureau of Economic Research ( NBER ) of the US.   When trying to correlate stock-market perfor...

Rajiv Gandhi Equity Savings Scheme (RGESS) set for launch this week

The finance ministry is set to notify the Rajiv Gandhi Equity Savings Scheme ( RGESS ) this week.   Though Finance Minister PChidambaram had approved on September 21, the scheme announced in this year's Budget, and had said that the revenue department will notify the scheme and the Securities and Exchange Board of India ( Sebi ) would issue relevant circulars within two weeks, it is yet to become operational.   A senior finance ministry official said the revenue department was expected to notify the scheme any day now to attract retail investors to the equity segment.   He added that Sebi was not required to issue any circular for the operationalisation of the scheme and that after the issuance of the revenue department's notification, investors would be able to avail of the benefits of the scheme.   The official accepted that implementation of the scheme had been delayed due to the deliberations on inclusion of mutual funds ( MF ) in it.   ...

CNX Midcap vs BNP Paribas Midcap Fund

BNP Paribas Midcap Fund - Invest Online   Te  performance of BNP Paribas Midcap Fund  – which has across the last 3 years generated superior returns over the benchmark – especially when the markets have gone down the fund has handsomely outperformed the benchmark preserving the capital of the investors. The fund has been able to do this only due to the superior stock selection process ( BMV approach) that is diligently followed at BNPP.   Highlights of BNP Paribas Mid Cap Fund:   Investment Objective : BNP Paribas Mid Cap Fund gives an investor exposure to invest in the various quality midcap stocks. The fund also has some exposure to large as well as small cap stocks.   Investment Approach : BMV ( Quality and scalability of Business →Good Management → Reasonable Valuation ) with Bottom-up stock picking.   Most of the investors are way happier if the fund that they have invested in is a significant Outperformer in tough times than in Good ti...
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