Saturday, March 21, 2015

Simple steps for calculation of Advance tax – For Companies, Firms & Other business Entities


For a company whose accounts are reliable and up to date as on date of calculation
Step-1
- Just see the P&L up to the previous month or previous day (from date of calculation),if the accounting is complete/up to date. For Ex: Accounts upto 28th Feb’2014 can be seen for calculation Advance Tax for March’14.
Step-2 See if all entries are taken up to that month/date i.e whether the accounting is complete. If not then take entries into account which are not yet entered.
Step-3 On the basis of figures till last month or previous day (based on the date of calculation), project the figures for the current month so that P&L A/c for upto the period required for calculation is made.
Some items can be taken on actual or close to actual figures while projecting the figures for the month like:
a)      Electricity
b)      Water
c)      Salaries and other employee based expenses
d)     Telephone
e)      Other Recurring Expenses which occur every month.
f)       Depreciation should be calculated on actual basis based on the rates applicable.
Other items of expenses can be projected on a percentage basis seeing total percentage of indirect and direct expenses as in the last year.
Sales and purchases can be forecasted based on the average of the monthly figures of previous months and also look at the previous year average for the final forecast. Purchase percentage generally should remain within a range on a year on year basis.
Step-4 Now since the P&L is made, have a look at the gross profit & Net profit figures. The G.P & N.P ratios cannot be less than last year unless there is major change in turnover compared to last year. Based on this principle, arrive at a Net profit figure on which Advance Tax should be calculated (G.P & N.P Ratio may be increased a bit for current projection).
Step-5 Form 26AS should be taken into account to take all incomes into consideration shown in the form 26AS on which TDS is deducted. Remember to also take TDS credit on projected basis for the whole year
Step-6 Also keep an eye on the surcharge applicable where total income exceeds the limits specified for applicability of surcharge in case of companies/firms.
Step-7 Once advance Tax is calculated, you could pay 90% of the amount due. The 90% principle saves money (10%) and also interest. u/s 234B is saved. Only 234C interest is to be paid which is less than the amount earned by saving 10% of the amount.

For Companies/Firms etc. whose accounts are not upto date or reliable as on date of calculation
Step-1
 Forecast the sales figures of the current year based on the data available till date.
Step-2 Based on the sales figures, arrive at Gross profit and net profit amounts by taking the Gross and net profit ratio (%) of the previous years. Last year’s ratios should be increased slightly.
Step-3 Based on the net profit arrived at, Calculate the amount of tax.
Points to Remember
1) Do not forget to take into account necessary expenses like depreciation, remuneration in case of firms (Remuneration should only be on Income under the head PGBP).
2) Incomes taxable under other heads of income should be separated i.e. deducted and not taken while calculating net profit under the head PGBP. Incomes taxable under other heads should be taken separately and tax should be calculated separately on these incomes. Example: Income under the head capital gains.
3) Expenses which are to be disallowed are to be added back while calculating net profit. Eg: Expenses disallowed on account of personal use.
4) Any income or expense which have not occurred yet but is expected to be done based on previous experience should be taken into account while calculating profit and consequently tax figures.
5) In case of Companies, remember to add back depreciation as per books (i.e.as per Companies Act) and deduct Depreciation as per the Income Tax Act.
6) Also keep an eye on the surcharge applicable where total income exceeds the limits specified for applicability of surcharge in case of companies/firms.
7) After taking into consideration Form 26 AS, after taking all above points advance Tax can be calculated.

Hope you find the above information relevant and useful in your daily practice.



Tuesday, March 10, 2015

Nuances of VAT Returns Filing in Maharashtra


The system of Value Added Tax (VAT) has been implemented, in the State of Maharashtra, w.e.f. 1st April, 2005.
Registration 
Every dealer, who becomes liable to pay tax under the provisions of MVAT, shall apply electronically for registration to the prescribed authority, in Form 101, within 30 days from the date of such liability.
Every registered dealer shall be required to file correct, complete and self-consistent return, in prescribed form, by the due date.

Periodicity and due date:–

For the periods commencing from 1-4-2008
Sr. No.
Category
Periodicity
1.
A)Newly registered dealers (up to 30-4-2010)
B) Retailers opted for composition Scheme
C) Tax liability, in the previous year, up to Rs. 1 lakh 
or Refund entitlement up to Rs. 10 lakhs.
Half Yearly
2.
A) Dealers under Package Scheme of Incentive
B) Tax liability, in the previous year, exceeds 
Rs. 1 lakh but up to Rs. 10 lakhs or refund 
entitlement exceeds Rs. 10 lakhs but up to Rs.1 crore.
C) Newly registered dealers (w.e.f.1-5-2010)


Quarterly
3.
All other dealers whose tax liability, in the 
previous year, exceeds Rs. 10 lakhs or 
refund entitlement exceeding Rs. 1 crore

Monthly

Due Dates for Filing Returns
  1. Monthly and Quarterly Returns – 21 days from the end of month/quarter
  2. Half Yearly Returns -- 30 days from the end of six monthly period


VAT AUDIT CAUSES AND CONSEQUENCES


What is Sales Tax??? 
 
Sales tax is levied on the sale of movable goods. Most of the Indian States have replaced Sales tax with a new Value Added Tax (VAT) since 2005. VAT is a state levy. VAT is applied on each stage of sale with a mechanism of credit for the input VAT paid on purchases.
The system of VAT is based on the self-assessment and declarations made by the Dealer. In other words, the dealer is supposed to calculate his sales tax liability and file periodical returns as applicable to him and pay taxes accordingly.
Statutory audit provision introduced by the state which helps them in determining the under assessment made by the dealer if any, and thereby requiring for additional payment of tax is known as VAT Audit.

So now question arising would be what is Sales tax Audit & to whom it is applicable??

Sales tax audit is applicable to a dealer holding a valid registration certificate of MVAT and liable to pay tax and his turnover, either of sales or purchases, exceeds Rs. 60 Lakhs during the Financial Year. However the turnover limit for compulsory audit under the MVAT Act, from the Financial Year 2013-14 is increased from INR 60 lakhs to INR 1 crore.

So it is mandatory to file Audit Report in form 704 if dealer is in above criteria, as it helps the department to emphasize more on correctness and accuracy of the tax liability of the dealer based on his books of accounts. This form 704 needs to be filed before the prescribed due date by the dealer.


What if VAT Audit Report not filed???
Dealer can be charged penalty equal to 0.1% of Turnover of Sales or Purchases and can be prosecuted for imprisonment for 6 months.
Sales tax department has published a list of dealers called as Nonfilers, who have failed to file the VAT Audit Report, which affects the goodwill of the enterprise or company. 
 
Vat Audit report not filed earlier can be filed now???
Yes!! Vat audit report can be filed for all years under non-compliance. Levying of penalty would be discretionary depending on the justifications submitted to the Sales tax Department after filing of Vat Audit report.
Dealers who have not filed their VAT Audit reports should be taking Immediate decision to comply, which in turn will help to reduce the penalty if done upfront.
Please feel free to contact us or drop a line, if you require any help for the above issues.

Saturday, February 28, 2015

First cut notes Direct from Budget Live

Here is a post coming from @Mymuneemji on the live interpretation of budget 2015 for #Startups and #Entrepreneurs.

We mainly focus on the Tax highlights in the budget, being tax experts.

Times now calls this as remarkable #SuperBudget. While there is a Stretched sentiment all around. Expectations on one side and agonies of overcommitment on the other.

Sensex is displaying positive mood by +221 points from morning till before the Budget starts and ends flat when it ends. Interpretations crackers due to be seen next week.

Very relevant speach start from Jaitley "Kuch to fool khilaye abtak kuch to fool khilane hai... mushkil hai ki baag me abtak kaate kahi purane hai"

Economic Indicators
  • CPI (Consumer Price Index) Inflation projected 5% - Inflation declines - WPI in to negative.
  • GDP growth projected between 8% to 8.5% For FY 2015-16.
  • Fiscal deficit targets 3% of GDP at the spread of 3 years.

General Highlights
  •  will be supported by the  in all aspects with Rs.1000 Cr. being set aside.
  • Corporatisation of Ports and other Infrastructure Assets.
  • Mudra Bank to refinance the Micro Finance arrangement for Small 
  • Disinvestments of PSU for Loss making companies and strategic purposed.
  • Going big way with Direct Benefit transfer of subsidies through Jan Dhan and Adhar Schemes.
  • Entrepreneurs preferably SC / ST  categories.
  • Now you can earn Interest on Metal Account. This will help to bring the savings in form gold in the main stream!!
  • Trade Receivable Discounting System would be mechanized with electronic system to improve the efficiency and transparency. 
  • Pradhan Mantri Bima Yojana and Jeevan Jyoti Yojana shall cover the poor families from accidental / natural death at a very very nominal premiums.
  • Unclaimed PPF / EPF funds lying with the government treasury will be used for Senior Citizen Welfare Fund.
  • Huge positive fro tourism sector with increment in list of countries covered under arival VISA from 43 to 150.

Tax Provisions
  • Black Money comes in preface to Tax Provisions. There is also a Benami Transaction Prohibition bill coming up?? Let's see how does this look.
  • Rate of Corporate Tax would be @25% instead of existing @30% over the period of next 4 years. Very courageous decision coming to boost business Scenario.
  • Foreign Asset disclosure is taken very seriously. Non-Disclosure to this count would be considered as Crime.
  • Permanent Establishment norms undergoing change mainly for Investment Funds.
  • Applicability of GAAR is postpones for another two years to foster confidence for Investing in India.
  • Wealth Tax is abolished. Again a very courageous decision. Introduction of Supper Rich Surcharge @2%.  
  • Domestic Transfer Pricing Limit Increased from Rs.5 Cr. to Rs.20Cr. This allows free Domestic Trade for smaller companies.
  • Service tax levy goes up to consolidated 14% from existing 12.36%. This shall bit of disturb services sector. 
  • Individual Taxation -
  • Medical Insurance deduction limit goes up from Rs.15000/- to 25000/-; Senior Citizen would get upto Rs.30000/-. Deduction towards medical expenditure for very senior citizens (above 80 years of age) would Rs. 30000/-.
  • To Provide Social Safety net Sec 80CCD get Rs.50,000 extra deduction.
  • Transport allowance exemption is increased from current Rs.800 to Rs.1600 per month for  employees.
  • Total benefit would be Rs.4.44 Lac for an individual. 
  • Yoga to be Included in the Ambit of Charitable activities. This will boost the development of Yoga institutes all around.
  • Enactment of Direct Tax Code DTC seems to be of no merit to the existing government. Seems that this government will drop the plans to implement DTC any further.

Finance Minister concludes with a verse from the Upanishads meaning "Let all be happier and healthier"!!

Overall a very well rounded budget. "Genuine mood for Action"

Saturday, December 6, 2014

Bad news for all Export Commissions / indenting agents in India ?


There are many who provide services of this nature wherein the ultimate recipient of the services resides outside India. This typically happens in the case of the foreign suppliers who were trading their good in the Indian territory and paying the commission to the Indian agents for the promoting their material to the Indian buyers. This notification has now changed the pointer to the provider for services instead of the recipient of the services for this purpose. This makes all indenting agents of this nature (which were previously outside the preview) liable to pay service tax w.e.f. 1st Oct 2014.

Changes in Place of Provision of Services Rules, 2012 (“The POP Rules”) Vide NotificationNo. 14/2014-ST Dated 11-7-2014 (Effective From 1-10-2014):-

Definition of ‘Intermediary’ has been amended to include intermediary of goods in its scope. Accordingly, an intermediary of goods, such as a commission agent or consignment agent shall be covered under Rule 9(c) of the POP Rules instead of Rule 3 of the POP Rules.

Let us analyse above.

Rule 9(c ) of Place of Provision of Service

Rule 9 : Place of provision in respect o following services shall be the location of the service provider:
(C ) Intermediary Services;

INTERMEDIARY SERVICES

Let us analyse Intermediary Service Pre and Post 01.10.2014.

Intermediary” means a broker, an agent or any other person, by whatever name called, who arranges or facilitates a provision of service between two or more persons, but does not include a person who provides the main service on his account.”

WEF 01.10.2014 Intermediary Means as under.

Intermediary” means a broker, an agent or any other person, by whatever name called, who arranges or facilitates a provision of service or a supply of goods between two or more persons, but does not include a person who provides the main service or supplies the goods on his account.”

Please mark words written in bold. It is evident that the service of intermediary facilitating supply of goods also be considered intermediary service wef 01.10.2014. Hence Location of service provider will be the place of provision of service.

Tuesday, November 25, 2014

Acche Din - Are you a salaried employee??- Save Rs.10,000 of your income taxes

Budget this year popped late. However the slab rate changes apply to who of year's salary for you.

Read on to save. Share with your HR department and teams to take the benefits. I am sure many have missed out on this even at this juncture and you can save for many along with you. 

An official circular is issued now dt. 10th Dec. Better late than never.
Amendment was in the tax slab.
Although there is no change in the existing tax rate yet new Government had increased the minimum limit from Rs. 2,00,000 to Rs. 2,50,000. There were no changes in the tax slab from last 2 years.
So definitely, this is one of the very important announcements in new finance bill. Following are the tax slabs of Assessment Year 2014-15 & 2015-16.
Table 1: Tax Slabs
Tax Slabs 2014-15 Tax Slabs 2015-16
Income Tax Rate Income Tax Rate
Upto Rs. 2 Lacs 0 Upto Rs. 2.5 Lacs 0
Rs. 2 Lacs to Rs. 5 Lacs 10% Rs. 2.5 Lacs to Rs. 5 Lacs 10%
Rs. 5 Lacs to Rs. 10 lacs 20% Rs. 5 Lacs to Rs. 10 lacs 20%
Above Rs. 10 Lacs 30% Above Rs. 10 Lacs 30%
For senior citizen with Age group of 60 years or above but less than 80 years than their minimum tax limit is Rs. 300,000 instead of Rs. 250,000.
 On the other hand, senior citizen with age of 80 years or more than they do not need to pay tax of initial income of Rs. 500,000.
 Amendment is under section 80C and 80CCC.
Earlier, the maximum qualifying investments for deduction from total income was Rs. 1, 00,000 (even more amount was investment in specified schemes) which was raised to Rs. 1, 50,000. 
 So if no loan is taken by the employee to construct or renovate the house & having total salary income Rs. 5 lacs  than his total taxable income will decline by Rs. 50,000 (after availing this deduction) which is 12.5 % of earlier base income.
 The above conclusion can be examined with below table:-
(A) Person Having Income Rs. 5 lacs with no house loan
Table 2 Before Budget 2014 ( NO House loan is there) Table 3 After Budget 2014 ( NO House loan is there)
Gross Salary Rs. 500000 Gross Salary Rs. 500000
less deduction U/S 80C +80CCC Rs. -100000 less deduction U/S 80 + 80CCC Rs.-150000
Taxable salary Rs. 400000 Taxable salary Rs. 350000
Loss from HP (due to interest on loan   taken for construction or renovation of house) 0 Loss from HP (due to interest on loan   taken for construction or renovation of house) 0
Net Taxable income Rs. 400000 Net Taxable income Rs. 350000
Now tax liability can be calculated as below:-
Table 4 Tax Liability before Budget 2014 ( NO House loan is there) Table 5 Tax Liability before Budget 2014 ( NO House loan is there)


Tax Rate Tax

Tax Rate Tax
Upto 2 lacs 0 0 Upto 2.5 lacs 0 0
Next 2 Lacs 10% Rs. 20000 Next 1 Lac 10% Rs. 10000
Total Tax before surcharge
Rs. 20000 Total Tax before surcharge
Rs.10000
Surcharge 3% Rs. 600 Surcharge 3% Rs. 300
Total Tax

Rs. 20600 Total Tax

Rs.10300






Less: Rebate **

Rs. 2000






Net Tax

Rs. 8300
  Table 6 Net change in Total tax Structure having gross income Rs. 5 lacs.
Total Tax liability before budget Rs. 20600
Total Tax liability after budget Rs.-10300
Net Benefit Rs. 10300
Rebate u/s 87A of Rs 2000 will also be admissible if the person income does not exceed Rs. 500000.



Thursday, June 5, 2014

Key vat changes - by mymuneemji

The Maharashtra BUDGET for 2014-2015 is announced today 5th June, 2014 and the main tax proposals in respect of Maharashtra VAT and

1.Profession Tax are -
Registration limit increased to 10 lakhs

2.VAT Audit limit raised to 1 crore from FY 2013-2014

3.Late Fee reduced to Rs.2,000/- for late upto 1 month in filing Return

4.Pending Returns can be filed with Tax, interest and Late Fee of Rs.1,000/-.

5.Retailer composition @1% of total turnover or @1.5% of taxable turnover

6.No 30(4) penal interest if additional demand as audit or investigation is less than 10% of tax paid with returns.

7.Rate of Tax on Cotton reduced to 2%

8.Profession Tax limit for salaried persons increased to Rs.7,500/-