Income TAX

What is Income Tax?

Income tax in India is a direct tax imposed by the government on individuals and businesses based on their income. It is a crucial source of revenue for the Indian government, contributing significantly to the country's economy. The income tax rate varies depending on the income bracket, with higher earners being subject to a higher tax rate. The tax is levied on various sources of income, including salary, capital gains, and rental income. To ensure compliance, individuals and businesses are required to file their income tax returns annually, declaring their income and paying the applicable tax. The government uses this revenue to fund infrastructure development, social welfare programs, and other essential services. Understanding the concepts and regulations related to income tax is essential for every taxpayer in India.

Type of tax payers in India:

India has various types of tax payers based on their income and sources of earnings.

The first category includes Individuals ,Hindu Undivided Family (HUF), Association of Persons(AOP) and Body of Individuals (BOI) who earn income through salary, wages, or pensions. These taxpayers are required to file their income tax returns and pay taxes accordingly.

The second category consists of self-employed individuals, such as freelancers and professionals, who generate income through their own businesses or services. They are responsible for paying taxes on their business profits and are also required to file their income tax returns.

The third category comprises corporate entities, including companies and organizations, which are subject to corporate tax on their profits.

Finally, there are also individuals who earn income from investments, such as dividends and capital gains, and they must pay taxes on their investment returns. It is important for all tax payers to comply with the tax regulations and fulfill their tax obligations in order to contribute to the country's development.

Individuals are of two types:

  1. Resident and

  2. Non-resident

Resident:

  • Total Taxable Income : Income earned in India and abroad

  • Place of TAX payment: India

  • Categories of Resident Individuals:

    • Individuals less than 60 years of age (<60Yrs)

    • Individuals aged more than 60 but less than 80 years (60-80Yrs)

    • Individuals aged more than 80 years (>80 Yrs)

Non-resident :

  • Total Taxable Income : Income earned in India Only

  • Place of TAX payment: India

How to determine the residential status of an Individual as per Income Tax Act ?

(Resident Status Determination)

For Resident Tax Payer: A resident taxpayer is an individual satisfying any one of the following conditions:

  • Resides in India for a minimum of 182 days in a year, or

  • Resided in India for at least 365 days in the immediately preceding four years and for a minimum of 60 days in the current financial year.

    Further a Resident Tax Payer is also classified as ROR and Non-ROR

    • Resident and Ordinarily Resident (ROR) if:

      Resided in India for at least 2 out of 10 immediate previous years & at least 730 days in 7 immediately previous years

    • Resident but Not Ordinarily Resident (RNOR) if:

      Any one of the above (ROR) conditions is not satisfied.

For Resident Tax Payer: An Individual not satisfying any of the basic conditions of resident tax payer is considered as a non-resident tax payer.

Type of Income Tax Returns/ Forms In India

  1. ITR-1 SAHAJ: For individuals being a resident (other than not ordinarily resident) having total income up to Rs.50 lakh, having Income from Salaries, one house property, other sources (Interest etc.), and agricultural income up to Rs.5 thousand

  1. ITR-2: For Individuals and HUFs not having income from profits and gains of business or profession

  1. ITR-3: For individuals and HUFs having income from profits and gains of business or profession

  1. ITR-4 Sugam: For Individuals, HUFs and Firms (other than LLP) being a resident having total income upto Rs.50 lakh and having income from business and profession which is computed under sections 44AD, 44ADA or 44AE

  1. ITR-5: For persons other than- (i) individual, (ii) HUF, (iii) company and (iv) person filing Form ITR-7

  1. ITR-6: For Companies other than companies claiming exemption under section 11

  1. ITR-7: For persons including companies required to furnish return under sections 139(4A) or 139(4B) or 139(4C) or 139(4D) only

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