Direct Tax Code (DTC): Highlights and Impact

The New Direct Tax Code (DTC) is said to replace the existing Income Tax Act of 1961 in India. DTC bill was tabled in parliament on 3oth August, 2010. There are big changes now in monsoon session and There are now much less benefits as compared to what were in the original proposal.

During the budget 2010 presentation, the finance minister Mr. Pranab Mukherjee reiterated his commitment to bringing into fore the new direct tax code (DTC) into force from 1st of April, 2011, but same could not be fulfilled.

Again, as per budget presented on 16th March, 2012, Implementation of Direct tax code has again been deferred and won’t be applicable from 1st April, 2012. Also check out changes in taxation in 2012 budget.

Highlights of Direct Tax code

1. Removal of most of the tax saving schemes: DTC removes most of the categories of exempted income. Unit Linked Insurance Plans (ULIPs), Equity Mutual Funds (ELSS), Term deposits, NSC (National Savings certificates), Long term infrastructures bonds, house loan principal repayment, stamp duty and registration fees on purchase of house property will loose tax benefits.

2. New tax saving schemes: Tax saving based investment limit remains 100,000 but another 50,000 has been added just for pure life insurance (Sum insured is atleast 20 times the premium paid) , health insurance, mediclaims policies and tuition fees of children. But the one lakh investment can now only be done in provident fund, superannuation fund, gratuity fund and new pension scheme (NPS).

3. Tax slabs: The income tax rates and slabs have been modified. The proposed rates and slabs are as follows:

Annual IncomeTax Slab
Up-to INR  200,000 (for senior citizens 250,000)Nil
Between INR 200,000 to 500,00010%
Between INR 500,000 to 1,000,00020%
Above INR 1,000,00030%

Men and women are treated same now 🙂

4. Home loan interest: Exemption will remain same as 1.5 lakhs per year for interest on housing loan for self-occupied property.

5. Short and long term gains: Only half of Short-term capital gains will be taxed. e.g. if you gains 50,000, add 25,000 to your taxable income.
Long term capital gains (From equities and equity mutual funds, on which STT has been paid) are still exempted from income tax.

6. EEE and EET: As per changes on 15th June, 2010, Tax exemption at all three stages (EEE) —savings, accretions and withdrawals—to be allowed for provident funds (GPF, EPF and PPF), NPS (new pension scheme administered by PFRDA), Retirement benefits (gratuity, leave encashment, etc), pure life insurance products & annuity schemes. Earlier DTC wanted to tax withdrawals.

7. Education Cess: Surcharge and education cess are abolished.

8.  Income arising from House Property: Deductions for Rent and Maintenance would be reduced from 30% to 20% of the Gross Rent. Also all interest paid on house loan for a rented house is deductible from rent.

Before DTC, if you own more than one property, there was provision for taxing notional rent even if the second house was not put to rent. But, under the Direct Tax Code 2010 , such a concept has been  abolished.

9. LTA (Leave travel allowance): Tax exemption on LTA  is abolished.

10. Education loan: Tax exemption on Education loan to continue.

11. Corporate tax: Corporate tax reduced from 34% to 30% including education cess and surcharge.

12. Taxation of Capital gains from property sale : For sale within one year, gain is to be added to taxable salary.

For long term gain (after one year of purchase), instead of flat rate of 20% of gain after indexation benefit, new concept has been introduced. Now gain after indexation will be added to taxable income and taxed at per the tax slab.
Base date for cost of acquisition has been changed to 1st April, 2000 instead of earlier 1st April, 1981.

14. Medical reimbursement : Max limit for medical reimbursements has been increased to 50,000 per year from current 15,000 limit.

15. Tax on dividends: Equity mutual fund will attract 5% dividend distribution tax (DDT). DDT has been removed from debt and non-equity based mutual funds but now dividends on non-equity funds will be taxable in investor’s hand as per his slab rates. There will also be a TDS 0f 10% (20% in case of NRI and companies)  if dividend is more than 10,000 Rs for non-equity funds.

15. News for NRIs : As per the current laws, a NRI is liable to pay tax on global income if he is in India for a period more than 182 days in a financial year. But in new bill, this duration has been changed to just 60 days.

An NRI will be deemed as resident only if he has also resided in India for 365 days or more in the preceding four financial years, together with 60 days in any of these fiscal years.  Even if an NRI becomes a resident in any financial year, his global income does not immediately become liable to tax in India. Global income would become taxable only if the person also stayed in India for nine out of 10 precedent years, or 730 days in the preceding seven years.

This is very unfair to Seafarers. To avoid any income tax, an Indian sailor employed with a foreign ship will have to stay maximum for 60 days in India.

You can download the bill tabled in parliament from below link:

  Direct Tax code bill (1.1 MiB, 28,348 hits)

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Shantanu Rastogi

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    • @Rajneesh
      Investment in ELSS won't be considered for tax exemption after DTC implementation (from 1st Apr, 2012)

      • @Rajneesh
        Units will still be locked for 3 years from date of purchase and most probably, tax saving funds will be converted to open ended equity schemes after Apr, 2012. But there is no news from fund houses as of now on this.

          • @Kaushik
            1. Currently available Home loan principal repayment exemption under section 80-C (max limit 1 lac) won't be available under DTC.
            2. Home loan interest payment will be exempted from income tax upto 1.5 lacs, in case of self-occupied property.
            3. In case of rented property, Home loan interest payment amount would be deducted from rent income, before computing income from house property.

          • @Saji
            A policy will not be eligible for tax deduction if it offers a life cover of less than 20 times the annual premium.
            If premium paid in any of the premium paying year is more than 5% of sum insured, tax benefit won't be there both at the time of investment and maturity.

          • Hi Pankaj,

            Is it applicable for the new policies issued after DTC implemented, or for old policies as well. I want to check the situation for money back policy taken for 20 yrs. In this case the annual premium paid will be more than the SUM assured.

          • @Lalit
            Its applicable to old policies as well, for which you will be paying premium in financial year after DTC implementation.
            For tax exemption, Sum assured should be 20 times or more than the annual premium paid.

          • Pankaj,

            I have insurance premuim of 55K on a Sum assured of 10 lakh. Would it be admissible for the tax consideration?

            Thanks,
            MJ

          • @Maja
            As your sum assured is less than 20 times your annual premium. This policy won't be available for tax exemption under Direct Tax code (DTC).

  • Dear Pankaj,
    Thanks for the article. Is this policy affective from April 2011 to March 2012 or it is 2012/2013?

  • Dear Mr.Batra I just wanted to know that I am working with Pvt Company and can I invest right now(jan'11) in NPS or it is only for govt. employees, if yes than whom to contact and how to invest.

  • For house rent income reducing deductions to 30% is bad. Removing notional rent concept is good. However, if you have an additional house that is not rented out for some minimum number of days in the year, it can attract wealth tax. So, the notional rent concept seems to still exist in some other form.

  • You work is nice.
    What if a sailor is working in non indian flagged company will he get a NRI status if he out only 182 days or he alse has to be out for more than 60 days to get NRI Status.

    • @Sanju
      In case a sailor is in India for even 60 days, he will not be considered NRI and whole of his income will be taxable in India.
      But Shipping industry wants review of tax on seafarers in new DTC and lets hope some relief some soon for same.

    • @Sandeep
      After DTC is applicable, you may choose to invest in following components.
      1. New pension scheme
      2. Term insurance
      3. Medical insurance
      4. Home loan
      5. PPF.

  • Does PPF investment be still exempted from tax once DTC comes into picture??????? whether it comes in that 1 lac slab ?????

    • @Sachin
      As of now, provident funds are included in tax saving provisions after DTC comes into play. It will come under same 1 lac tax savings slab.

  • Hi Pankaj,

    Can you please elborate on EPF withrawal, what will be the case if I withdraw whole amount in fy 2012 (if the same is not 5 years old still)

    • @Sumit
      In case you have not maintained EPF account for 5 years, withdrawal will be taxed.
      The amount that will be added to your taxable income will be sum of Interest on your's and employer's contribution, whole of employer's contribution.

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