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How are start-ups taxed under corporate tax laws?

Eligibility for Start-up Recognition

  • Start-ups must be recognized by the Department for Promotion of Industry and Internal Trade.
  • The company must be incorporated as a private limited company or LLP.
  • The turnover should not exceed ₹100 crore in any financial year since incorporation.
  • The entity should be working toward innovation, development, or improvement of products or services.
  • Recognition is required to avail certain tax exemptions under corporate tax laws.

Tax Holiday Under Section 80-IAC

  • Eligible start-ups can claim a 100 percent tax deduction on profits.
  • The deduction is available for any three consecutive years out of the first ten years from incorporation.
  • The entity must be incorporated between April 1, 2016, and March 31, 2025.
  • Deduction is available only if the business involves innovation and scalable operations.
  • The exemption is not automatic and requires application and approval.

Applicable Corporate Tax Rates

  • Recognized start-ups that are domestic companies are generally taxed at 25 percent if turnover is up to ₹400 crore.
  • New manufacturing start-ups may opt for 15 percent tax under section 115BAB.
  • Start-ups not opting for special schemes can pay tax at standard corporate rates.
  • Concessional tax regimes under section 115BAA at 22 percent are also available.
  • Once a concessional scheme is chosen, it cannot be changed later.

Other Tax Incentives

  • Exemption on long-term capital gains under section 54GB is available for reinvestment in start-ups.
  • Investments made above fair market value are exempt under section 56(2)(viib) for eligible start-ups.
  • Accelerated depreciation and carry forward of losses are permitted under relaxed norms.
  • Certain deductions under sections 35 and 80JJAA can be claimed if not under concessional regime.
  • Tax incentives are also available for R&D expenditure.

Compliance and Regulatory Requirements

  • Start-ups must maintain proper books of accounts and file tax returns annually.
  • Audit may be required if turnover exceeds specified limits.
  • Approval for tax holiday must be obtained through proper filing and documentation.
  • All deductions and exemptions must be reported in the income tax return.

Non-compliance may result in loss of benefits or penalty under the Income-tax Act.

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