Union Budget 2016 income tax expectations: OROP, 7th Pay Commission add to Arun Jaitley problems

Budget 2016: The burden of expectations on FM Arun Jaitley is huge and one cannot forget that the higher spending on account of implementation of one rank one pension scheme (OROP) for armed forces and the 7th Pay Commission recommendations are likely to make it even more challenging to meet these expectations. The gains on account of Laffer Curve should be kept in mind while bringing about the changes: simplification and clarity in tax laws will undoubtedly improve tax compliance thereby increasing the tax revenue. Whether FM Arun Jaitley succeeds in living up to all these expectations and implements measures to spur growth and stability remains to be seen.

Expectation from budget with respect to Minimum Alternate Tax - Removal or significant reduction in the rate of Minimum Alternate Tax (MAT) will put significant cash flow in the hands of taxpayers to make much needed investments. Today, in view of the Dividend Distribution Tax (DDT), no dividends can be paid without tax of almost 21% by the companies. In fact, with DDT, the aggregate tax rate on a company, including surcharge and education cess could be as high as 47% to 51% if no special exemptions are available. This is far higher than the stated 30% tax rate on companies. If corporate tax rate is to be reduced to 25% over the next 3 years and the investment and profit linked exemptions and deductions are to be phased out, then there is a very good case to phase out the MAT and ultimately scrap it.”

Expectation from budget with respect to Dividend Distribution Tax - Dividend Distribution Tax should be replaced with compulsory Dividend Withholding Tax (DWHT), regardless of the tax status of the recipient shareholder- except reduction in DWHT due to the provision of applicable tax treaty. DDT is not available for credit to the investor in its home country against the local tax on the dividend received. This results in high tax incidence for investing in India: Corp income tax plus DDT plus tax on dividend in the home country. This encourages complex tax reduction structures, which no jurisdiction appreciates, as borne out by the BEPS Action points. India can move to DWHT in place of DDT. This will reduce significant amount of tax litigation. Such a measure will go a long way in encouraging the much needed long term foreign direct investment in India. (PTI)