Who is liable to pay corporate tax in India?

Domestic Companies

  • Companies incorporated under Indian laws are considered domestic companies.
  • These include public limited, private limited, and one-person companies.
  • They are liable to pay tax on their worldwide income.
  • Turnover, nature of income, and applicable tax regime determine the tax rate.
  • Start-ups and small companies may get concessional tax rates under certain provisions.

Foreign Companies

  • Foreign companies are incorporated outside India.
  • They are liable to pay tax on income earned or deemed to be earned in India.
  • Income may include royalties, dividends, technical fees, and business income.
  • Taxation depends on agreements under the Double Taxation Avoidance Agreement.
  • A flat rate of 40 percent is generally applicable to foreign companies.

Companies Opting for Concessional Tax Regimes

  • Companies choosing section 115BAA pay 22 percent tax without major exemptions.
  • New manufacturing companies under section 115BAB pay 15 percent tax.
  • These regimes are optional and come with compliance conditions.
  • Companies must forgo various deductions to avail of lower rates.
  • Filing form 10-IC or 10-ID is necessary to opt for these regimes.

Liability Based on Income Thresholds

  • Companies are taxed based on their total annual turnover.
  • Those with turnover up to ₹400 crore enjoy lower tax rates.
  • Higher turnover attracts standard corporate tax rates.
  • Surcharge and cess apply based on income levels.
  • Companies must calculate income as per prescribed accounting standards.

Special Entity Considerations

  • LLPs are taxed under partnership firm rules, not corporate tax.
  • Co-operative societies and trusts follow separate tax provisions.
  • SEZ units and start-ups may receive special tax exemptions.
  • Loss-making companies may still be liable under Minimum Alternate Tax.
  • Companies under liquidation or insolvency still need to fulfill tax duties.

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