Indian Taxation And Types of Taxes in India



Taxation in India
Tax 
Taxes in India are imposed by the Central Government and the state governments. Some minor taxes are also levied by the local authorities such as the Municipality. The authority to levy a tax is derived from the Constitution of India which allocates the power to levy various taxes between the Centre and the State. An important restriction on this power is Article 265 of the Constitution which states that "No tax shall be levied or collected except by the authority of law." Therefore each tax levied or collected has to be backed by an accompanying law, passed either by the Parliament or the State Legislature. In 2010-11, the gross tax collection of the Centre amounted to INR 7.92 trillion, with direct tax and indirect tax contributing 56% and 44% respectively.
Collected Tax amount is used for building nation (infrastructures, Gov. Welfare, Education and other development). So it’s said that "Taxes are paid, Nation are made"


Types of Taxes in India
Direct Taxes:

1.      Income Tax:-

We all know the term Income tax. Income Tax Department functions under the Department of Revenue in Ministry of Finance. It is responsible for administering following direct taxation acts passed by Parliament of India. Every individual whose total income exceeds taxable limit has to pay income tax based on prevailing rates applicable time to time to the Central Gov. of India. Generally people doing investments in different schemas can save the income tax.

FYI 2014-15 Budget by Given Gov.
·         No changes in Tax rates, surcharge and Education Cess with compare to 2013-14
·         Increase in Exemption Limit as per below table compare to 2013-14 Budget.

Person
Old Exemption Limit
(Rs.)
New Exemption Limit
(Rs.)
Male/Female
(Below 60 Years)
2,00,000
2,50,000
Senior Citizen
(60 to 79 Years)
2,50,000
3,00,000
Super Senior Citizen
(80 Years and Above)
5,00,000
5,00,000
(No Change)

2.      Capital Gains Tax:-

Capital Gain tax as name suggests it is tax on gain in capital. If you sale property, shares, bonds & precious material etc. and earn profit on it within predefined time frame you are supposed to pay capital gain tax. The capital gain is the difference between the money received from selling the asset and the price paid for it. Capital gain tax is categorized into short-term gains and long-term gains. The Long-term Capital Gains Tax is charged if the capital assets are kept for more than certain period 1 year in case of share and 3 years in case of property. Short-term Capital Gains Tax is applicable if these assets are held for less than the above-mentioned period. Rate at which this tax is applied varies based on investment class.


Example
If you purchase share at say 1000 Rs/- (per share) and after two months this price increased to 1200 Rs/-(per share) you decide to sale this stock and earn profit of 200 Rs/- per share. If you do so you have to pay Short term CGT (capital gain tax) @ 10% +Education cess on profit as it is short term capital gain. If you hold same share for 1 year or above it is considered as long term capital gain and you need not to pay capital gain tax. it is considered as tax free.
Similarly if you purchase property after two year if you find that property price in which you invested has increased and you decide to sale it you need to pay short term capital gain tax. For property it is considered as long term capital gain if you hold property for 3 years or above.

3.      Securities Transaction Tax

A lot of people do not declare their profit and avoid paying capital gain tax, as government can only tax those profits, which have been declared by people. To fight with this situation Government has introduced STT (Securities Transaction Tax ) which is applicable on every transaction done at stock exchange. That means if you buy or sell equity shares, derivative instruments, equity oriented this tax is applicable.
This tax is added to the price of security during the transaction itself, hence you cannot avoid (save) it. As this tax amount is very low people do not notice it much.

4.      Corporate Tax

Corporate Taxes are annual taxes payable on the income of a corporate operating in India. For the purpose of taxation companies in India are broadly classified into domestic companies and foreign companies.


Indirect Taxes

5.      Value Added Tax/Sales Tax

 Sales tax charged on the sales of movable goods. Sale tax on Inter State sale is charged by Union Government, while sales tax on intra-State sale (sale within State) (now termed as VAT) is charged by State Government.
Sales can be broadly classified in three categories. (a) Inter-State Sale (b) Sale during import/export (c) Intra-State (i.e. within the State) sale. State Government can impose sales tax only on sale within the State.
CST is payable on inter-State sales is @ 2%, if C form is obtained. Even if CST is charged by Union Government, the revenue goes to State Government. State from which movement of goods commences gets revenue. CST Act is administered by State Government.
The Sales Tax is the most important source of revenue of the state governments; every state has their respective Sales Tax Act. The tax rates are also different for respective states.
Tax imposed by Central government on sale of goods is called as Sales tax same is called as Value added tax by state government.VAT is additional to the price of goods and passed on to us as buyer (end user). Around 220+ Items are covered with VAT.VAT rates vary based on nature of item and state.

Government is planning to merge service tax and sales tax in form of Goods service tax (GST).

Value Added Tax (VAT) is a multi-point system of taxation. Tax is levied on value addition at each stage of transaction in the production/ distribution chain. The term 'value addition' implies the increase in value of goods and services at each stage of production or transfer of goods and services. VAT is a tax on the final consumption of goods or services and is ultimately borne by the consumer. VAT allows 'Input tax credit (ITC)' for tax paid at earlier stage, which can be appropriated against the VAT liability on subsequent sale.

6.      Service Tax

Most of the paid services you take you have to pay service tax on those services. This tax is called service tax.  Over the past few years, service tax been expanded to cover new services.
Few of the major service which comes under vicinity of service tax are telephone, tour operator, architect, interior decorator, advertising, beauty parlor, health center, banking and financial service, event management, maintenance service, consultancy service.
From 01.04.2012 onwards, Rate of service tax is 12% + 2% (of service tax) education Cess + 1% (of service tax) Secondary & Higher Education Cess (aggregating to 12.36%). This tax is passed on to us by service provider.

7.      Custom duty And Octroi (On Goods)

Custom Duty is a type of indirect tax charged on goods imported into India. One has to pay this duty , on goods that are imported from a foreign country into India. This duty is often payable at the port of entry (like the airport). This duty rate varies based on nature of items.
Octroi is tax applicable on goods entering in to municipality or any other jurisdiction for use, consumption or sale. In simple terms one can call it as Entry Tax.
Custom Duty - Objectives
The customs duty is levied, primarily, for the following purpose:
·         Restricting Imports for conserving foreign exchange.
·         Protecting Indian Industry from undue competition.
·         Prohibiting imports and exports of goods for achieving the policy objectives of the Government.
·         Regulating exports.
·         Prevent Smuggling.
·         Facilitate implementation of laws relating to Foreign Trade Act, Foreign Exchange Regulation Act, Conservation of Foreign Exchange, Prevention of Smuggling Act, etc.

8.      Excise Duty

An excise or excise duty is a type of tax charged on goods produced within the country. This is opposite to custom duty which is charged on bringing goods from outside of country. Another name of this tax is CENVAT (Central Value Added Tax)
If you are producer / manufacturer of goods or you hire labor to manufacture goods you are liable to pay excise duty.

9.      Anti Dumping Duty

Dumping is said to occur when the goods are exported by a country to another country at a price lower than its normal value. This is an unfair trade practice which can have a distortive effect on international trade. In order to rectify this situation Central Govt. imposes an anti dumping duty not exceeding the margin of dumping in relation to such goods.

Other Taxes

10. Professional Tax   

If you are earning professional you need to pay professional tax. Professional tax is imposed by respective Municipal Corporations. Most of the States in India charge this tax. This tax is paid by every employee working in Private organizations. The tax is deducted by the Employer every month and remitted to the Municipal Corporation and it is mandatory like income tax.
The rate on which this tax is applicable is not same in all states.
Profession Tax Rates, Gujarat-wrong table

  Slab(Rs.)              Rate of Tax (per month)  
  1. less than 3000       Zero
  2. 3000 to 5999         Rs. 20
  3. 6000 to 8999         Rs. 80
  4. 9000 to11999        Rs. 150
  5. 12000 or more       Rs. 200

Liability to Pay
In case of Salaried and Wage earners, the Professional Tax is liable to be deducted by the Employer from the Salary / Wages of the employee and the Employer is liable to deposit the same with the state government. In case of other Individuals, this tax is liable to be paid by the person himself to the State Government.

Deductible for the purpose of Income Tax
The Professional Tax paid to the State Government is allowed as a deduction under Section 16 of the Income Tax Act and Income Tax on the Balance Amount is levied as per the Income Tax Slab Rates in force.

11. Municipal Tax

Municipal Corporation in every city imposed tax in terms of property tax. Owner of every property has to pay this tax. This tax rate varies in every city.

12. Entertainment Tax

Tax is also applicable on Entertainment; this tax is imposed by state government on every financial transaction that is related to entertainment such as movie tickets, major commercial shows exhibition, broadcasting service, DTH service and cable service.

13. Stamp Duty, Registration Fees, Transfer Tax

If you decide to purchase property than in addition to cost paid to seller. You must consider additional cost to transfer that property on your name. That cost include registration fees, stamp duty and transfer tax. This is required for preparing legal document of property.
In simple sense this tax is imposed on the handing over of the title of property ownership by one person to another. It incorporates a legal transaction fee & stamp duty. This amount varies from property to property based on cost.

14. Education Cess , Surcharge

Education cess is deducted and used for Education of poor people in INDIA. All taxes in India are subject to an education cess, which is 2% of the total tax payable. The education cess is mainly applicable on Income tax, excise duty and service tax.
Surcharge is an extra tax or fees that added to your existing tax calculation. This tax 1% is applied on tax amount.
15. Wealth Tax

Wealth tax is a direct tax, which is charged on the net wealth of the assesses. Wealth tax is chargeable in respect of Net wealth corresponding to Valuation date.Net wealth means all assets less loans taken to acquire those assets. Wealth tax is 1% on net wealth exceeding 30 Lakhs (Rs 3,000,000). So if you have more money, assets you are liable to pay tax.

16. Toll Tax

At some of places you need to pay tax in order to use infrastructure (road, bridge etc.) build from your money given to government as Tax. This tax is called as toll tax. This tax amount is very small amount but, to be paid for maintenance work and good up keeping.
So in total you pay 20 different taxes in direct or indirect way.

References
www.finotax.com
www.moneyexcel.com
www.wikipedia.com
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