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TAX RATES IN INDIATax Rates
in India Corporate Taxes Individual Taxes |
Madaan & Co. Attorneys at law E-mail: click here Fax: (801) 606-7089 WWW.MADAAN.COM |
Withholding Taxes for Foreign
Companies under the Tax Treaties | Entry Strategies in India for Foreign
Investors | Previous Tax rates before 2008
Budget
Individual Income Tax Rates |
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Taxable Income |
Tax Rate |
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Over |
Not Over |
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0 | Rs. 160,000 1 | 0 | ||||||||||||||||||
Rs. 160,001 | Rs. 300,000 | 10% | ||||||||||||||||||
Rs. 300,001 | Rs. 500,000 | 20% | ||||||||||||||||||
Rs. 500,001 | above | 30% 2 | ||||||||||||||||||
1. Rs. 190,000 for women and Rs. 240,000 for seniors. 2. An education cess of 3% is applicable. 3. (a) Tax exemption on interest in Non-Resident (external) Account and on interest payable by a scheduled bank to Non-Resident Indians (NRI's). (b) Tax exemption on the interest payable by a scheduled bank to a non-resident or a person who is not ordinarily resident on deposits in foreign currency where the acceptance of such deposits by the bank is approved by the RBI. . |
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Domestic Corporate & LLP Income Taxes Rates |
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Tax Rate |
Effective Tax Rate with surcharge & ed. cess |
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Domestic Corporations / Private Limited Companies | 25% | 28.99% 1 | ||||||||||||||||||
Domestic Corporations / Public Limited Companies | 25% | 28.99% 1 | ||||||||||||||||||
Limited Liability Partnership (LLP's) | 25% | 25.9% 2 | ||||||||||||||||||
1. A surcharge of 10% of the income tax is levied, if the taxable income exceeds Rs. 1 million. Educational cess is also added. 2. An Educational Cess is added to the basic tax rates. Surcharge is not applicable to LLP. Unlike LLP's in the USA where they are pass-through entities for tax purposes, in case of LLP's in India, they are partially pass-through entities for tax paurposes. In India tax an LLP is required to pay income tax on 40% of its income; since an LLP is allowed to pay the balance of 60% as renumerations to it partners. Partners of an LLP are required to pay tax on the amount paid to them. Besides, LLP's are not required to pay dividend distribution tax or Minimum Alternate Tax (MAT).3. All companies incorporated in India are deemed as domestic Indian companies for tax purposes, even if owned by foreign companies. Contact us for Incorporating in India |
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Foreign Corporate Income Tax Rates |
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Withholding Tax Rate for non-treaty foreign companies |
Withholding Tax Rates for the USA Companies Doing Business in India under the India USA Tax Treaty |
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Dividends | 20% | 15% 1 | ||||||||||||||||||
Interest Income | 20% | 15% 2 | ||||||||||||||||||
Royalties | 30% | 20% 2 | ||||||||||||||||||
Technical Services | 30% | 20% 2 | ||||||||||||||||||
Other income | 55% | 55% | ||||||||||||||||||
1. Inter-corporate rates where there is minimum holding. There tax rates
are applicable under the India USA Tax Treaty. For other countries the
tax rates are different under the tax treaties between India and other
countries, including Australia,
Austria,
Bangladesh,
Belgium,
Brazil,
Belarus,
Bulgaria,
Canada,
China,
Cyprus,
Czechoslovakia,
Denmark,
Finland,
France,
Germany,
Greece,
Hungary,
Indonesia,
Israel,
Italy,
Japan,
Jordan,
Kazakhstan,
Kenya,
Libya,
Malta,
Malaysia,
Mauritius,
Mongolia,
Namibia,
Nepal,
Netherlands,
New Zealand,
Norway,
Oman,
Philippines,
Poland ,
Qatar ,
Romania,
Singapore,
South Africa ,
South Korea ,
Spain ,
Sri Lanka ,
Sweden,
Switzerland,
Syria,
Tanzania,
Thailand,
Trinidad & Tobago,
Turkmenistan,
Turkey , U.A.E. ,
U.A.R.,
U.K.,
U.S.A.,
Russian Federation, Uzbekistan, Vietnam and Zambia
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Wealth Tax |
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Net Taxable Wealth |
Tax Rate |
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Over |
Not Over |
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0 | Rs.1,500,000 | 0 | ||||||||||||||||||
Rs.1,500,000 | above | 0% | ||||||||||||||||||
Wealth tax is levied on non-productive assets whose value exceeds Rs.1.5 million. Productive assets like shares, debentures, bank deposits and investments in mutual funds are exempt from wealth tax. The non-productive assets include residential houses, jewelry, bullion, motor cars, aircraft, urban land, etc. Foreign nationals are exempt from wealth tax on non-Indian assets. In arriving at the net taxable wealth, any debt incurred in acquiring specified assets is deductible. |
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Gift Tax |
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Net Taxable Gift |
Tax Rate |
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Over |
Not Over |
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0 | Rs.30,000 | 0 | ||||||||||||||||||
Rs.30,000 | above | 30% | ||||||||||||||||||
Gifts to dependent relatives at the time of marriage are exempt upto Rs.100,000. Foreign nationals are exempt from gift tax on non-Indian assets. |
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US$1=Indian Rs. 62 app.
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Corporate Income Tax in IndiaFor companies, income is taxed at a flat rate of 25% for Indian
companies.
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Fringe Benefit | Taxable percentage | Effective Tax Rate |
Medical reimbursements | 20% | 6.8% |
Telephone bills | 20% | 6.8% |
Employee Stock Options (Difference between market value and purchase price on vesting date) | 100% | 33.99% |
From April 1, 2007 , Employees Stock Option Plan (ESOP) or Sweat Equity
has also been brought within ambit of fringe benefit tax. Section
115WB(1)(d) specifies that any ESOP will attract Fringe Benefit Tax, and
the benefit is equal to the difference between the price paid and the fair
market value of the share, as determined by the Board. Tax is levied on
the date of vesting of such options. "Fair Market Value" is not yet
defined by the Income Tax Department.