New Tax Legislation to Help NRIs
NEW DELHI - The government has brought in a
modification in the tax structure in the budget to make the
participation of Non-resident Indians, or NRIs, obligatory in the
economic progress of India. The
government also said that with the new foreign investment regulations
the economy would regain and sustain GDP growth rates of about 9 per
cent in the fiscal 2010-11.
The
government said it was time to hasten policy reforms in areas that
include taxation and foreign investment regulations. Finance minister
Pranab Mukherjee in his budget address to parliament said there was an
urgent need to consider reforms to address a number of cross-border tax
issues faced by taxpayers.
He
said the government also wanted to make the policy in this regard
user-friendly by consolidating all prior regulations and guidelines
into one comprehensive document. This, he said, would enhance clarity
and predictability of the country’s Foreign Direct Investment policy
for foreign investors. “We have decided to give due consideration to
reforming the international tax system in the budget,” he said.
It
is believed that for long the Indian outbound investors faced
difficulty in claiming credits for foreign taxes. Tax treaties provide
a general rule that taxes paid by an NRI abroad, in accordance with
treaty provisions, should be eligible for foreign tax credits, or FTC.
Explicit rules for applying this principle are left to the domestic tax
legislation.
The
government admitted that in the absence of any specific provisions in
the tax laws, a number of technical and practical issues arise and,
henceforth, the lack of a well-defined FTC system results in risk of
double taxation on income arising from the outbound investment. The
Vijay Mathur Committee on Non-resident Taxation had highlighted the
need for introducing comprehensive FTC guidelines in 2003.
The
committee had also proposed underlying tax credit provisions and had
said that by introducing these provisions an impetus to outbound
investments can be provided. Mukherjee announced to provide
considerable relief to income tax payers by raising the slabs at two
levels; this includes the Indian citizens as well as the NRIs. To
encourage NRIs to place their money with banks in India, the government
sought lowering of the Tax Deducted at Source, or TDS, rate on interest
earned on NRI deposits under section 115E to 10 per cent from 20 per
cent. The TDS rate applicable on NRI deposits with a foreign bank which
is currently at 30 per cent is also being brought on par with that for
Indian banks.
Also
as a data sharing initiative on the terror prevention measures, the
government is already co-ordinating with many foreign countries,
including the UAE, to collect the income data of its citizens. The NRIs
will have to submit the proof of the income in the form of tax fillings
etc, if any, as per the rules in their host nation.
The
existing limit of Rs100,000 on tax saving has been raised by an
additional amount of Rs20,000 for investment in long term
infrastructure bonds as notified by the government. Contributions to
the Central Government Health Scheme have also been allowed as
deductions within the overall ceiling for tax rebate, besides
contributions to health insurance schemes which are currently allowed
as deductions under the Income Tax Act.
The
basic threshold limit for income tax exemption will remain at
Rs160,000. Under the new proposal, 10 per cent tax will be levied
between Rs160,001 and Rs500,000; 20 per cent on incomes between
Rs500,001 and Rs800,000 and 30 per cent for above Rs800,000.
Mukherjee said that rate of tax on services will be retained at 10 per cent to pave the way forward for Goods and Services Tax, or
GST. He added that all services are not being brought under service tax
at this stage but announced that certain services hitherto untaxed
would be brought within the purview of service tax levy.
The
finance minister said the service tax net is being expanded to include
domestic and international air journeys of all classes, health check-up
undertaken by hospitals for employees of business entities and health
services provided under health insurance schemes offered by insurance
companies. The new proposal relating to service taxes are estimated to
result in a new revenue gain of $650 million.
The
finance minister said that certain legislative changes are proposed to
be made to plug revenue leakages and to remove distortions.
Mukherjee
said that the rate reduction in central excise duties is being
partially rolled back and the standard rate on all non-petroleum
products was being enhanced from 8 per cent to 10 per cent ad valorem.
The ad valorem component of excise duty on large cars, multi-utility
vehicles and sports-utility vehicles which was reduced as part of the
first stimulus package is being increased by 2 per cent points to 22
per cent. The basic duty of 5 per cent on crude petroleum, 7.5 per cent
on diesel and petrol and 10 per cent on other refined products has also
been restored.
Central
excise duty on petrol and diesel has been enhanced by Rupee One per
litre each. Some structural changes in the excise duty on cigarettes,
cigars and cigarillos have been made coupled with some increase in
rates. Excise duty on all non-smoking tobaccos has been enhanced.
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