Hello Auditor

What are the tax implications for a Public Limited Company?

1. Corporate Income Tax

  • Public Limited Companies are taxed under the Income Tax Act, 1961.
  • The base corporate tax rate is 22% (plus surcharge and cess) for domestic companies not claiming exemptions.
  • For companies opting for Section 115BAA, no MAT (Minimum Alternate Tax) applies.
  • MAT of 15% (plus surcharge and cess) applies to companies not under 115BAA.
  • Foreign companies operating in India pay 40% plus applicable surcharge and cess.

2. Dividend Distribution Tax (DDT) Abolished

  • From April 1, 2020, DDT has been abolished.
  • Dividends are now taxable in the hands of shareholders at applicable slab rates.
  • The company must deduct TDS @ 10% on dividends exceeding ₹5,000 per shareholder per year.
  • For non-residents, TDS is 20% or as per the applicable DTAA.
  • Dividend income must be disclosed in annual tax filings.

3. Goods and Services Tax (GST)

  • Public Limited Companies are subject to GST registration and compliance.
  • GST is applicable on the supply of goods and services, including B2B and B2C transactions.
  • Must file monthly/quarterly returns (GSTR-1, GSTR-3B) and annual return (GSTR-9).
  • Input Tax Credit (ITC) can be claimed as per the rules.
  • GST audits may apply if turnover exceeds ₹5 crore.

4. Tax Audit and Filing Requirements

  • A tax audit under Section 44AB is mandatory if turnover exceeds ₹1 crore (for business) or ₹50 lakh (for profession).
  • Audit report must be filed in Form 3CA/3CB and 3CD.
  • An annual income tax return is filed in Form ITR-6.
  • Books of accounts must be maintained and preserved for at least 6 years.
  • Penalties apply for non-filing, under-reporting, or incorrect disclosures.

5. Transfer Pricing and International Transactions

  • Applicable if the company enters into international or specified domestic transactions with related parties.
  • Must comply with transfer pricing rules under Sections 92 to 92F.
  • Required to maintain transfer pricing documentation and file Form 3CEB.
  • Arm’s length pricing is mandatory for all cross-border transactions.
  • Non-compliance may result in adjustments, penalties, and interest.

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