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Corporate Tax

Corporate Tax

Corporate Tax Advisory involves technical knowledge and require understanding of complete Income Tax Provisions.

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Corporate Tax

Comprehensive Guide to Corporate Tax Rate and Compliance in India (FY 2024-25 & FY 2025-26)

Corporate tax is one of the significant taxes levied on companies by the Indian government. Unlike the progressive income tax system applied to individuals, corporate tax is generally levied at a specific rate based on the nature of the company, its income, and applicable provisions under the Income Tax Act. This guide offers a detailed understanding of corporate tax rates and compliance requirements in India for the financial years FY 2024-25 and FY 2025-26.

1. Overview of Corporate Tax in India

Corporate tax is a form of direct tax imposed on the profits of companies operating in India. The key objective of corporate taxation is to tax profits generated by a company from various sources, including business activities, capital gains, income from property rental, and other sources.

1.1. Types of Income Subject to Corporate Tax

Corporate tax is levied on the following income heads:

  • Profit or Gain from Business or Profession (PGBP): Income earned through business operations, such as sales revenue minus expenses.
  • Capital Gains / Capital Losses: Income or loss arising from the sale of capital assets like land, buildings, or stocks.
  • Income from House Property: Income derived from renting property.
  • Income from Other Sources: Includes income from interest, dividends, royalties, etc.

In cases where a company experiences losses in any year, such losses can be carried forward and set-off against future income as per the provisions of the Income Tax Act.

2. Losses and Set-Offs in Corporate Tax

There are three types of losses that need to be considered while filing a corporate tax return:

2.1. Types of Losses:

  • Normal Losses from Business Operations: These are losses incurred due to business activities such as manufacturing, trading, etc.
  • Capital Losses: Losses incurred from the sale of capital assets such as property or investments.
  • Unabsorbed Depreciation: When depreciation claimed by a company is higher than its income, it results in an unabsorbed depreciation loss.

2.2. Set-Off and Carry Forward of Losses:

Losses under these categories can be set off against future taxable profits, subject to conditions under the Income Tax Act. The carry forward of losses is crucial for companies as it allows for the reduction of taxable income in subsequent years, thus lowering tax liability.

3. Corporate Tax Calculation and Provisions

The computation of corporate tax is relatively complex, requiring a deep understanding of the Income Tax Act and its rules. The tax calculation differs depending on the type of company (e.g., domestic or foreign) and other criteria.

3.1. Minimum Alternate Tax (MAT)

The Minimum Alternate Tax (MAT) is levied under Section 115JB of the Income Tax Act. MAT ensures that companies, even if they are making large profits and paying minimal taxes, pay at least a minimum tax. The tax is calculated based on book profits rather than taxable profits.

  • Tax Rate for MAT (FY 2024-25 & FY 2025-26): The MAT rate for both domestic and foreign companies is 15% on book profit.
  • MAT Credit: If a company has paid MAT in previous years, it can claim MAT credit and use it to offset tax liability in future years.

3.2. Tax Rates for Domestic Companies (FY 2024-25 & FY 2025-26)

The tax rate applicable to domestic companies is based on their turnover, and certain sections allow for reduced rates under specified conditions. Below is a table summarizing the tax rates for domestic companies:

Category

Tax Rate

Gross Turnover/Receipts in the previous year ≤ INR 400 Crore

25%

Companies opting for Section 115BA

25%

Companies opting for Section 115BAA

22%

Companies opting for Section 115BAB

15%

Other domestic companies

30%

Surcharge:

  • If the net income exceeds INR 1 crore but is below INR 10 crore, a surcharge of 7% is applicable.
  • If the net income exceeds INR 10 crore, the surcharge is 12%.

Health and Education Cess:

  • A cess of 4% on income tax and surcharge is levied.

3.3. Tax Rates for Foreign Companies (FY 2024-25 & FY 2025-26)

Foreign companies are taxed at a flat rate of 40%. However, a higher tax rate of 50% applies in the case of royalty or fees for technical services received from the Indian government or Indian concerns, where the agreement has been approved by the Central Government.

Category

Tax Rate

All foreign companies (General)

40%

Royalty/Fees for technical services from Indian Government or Indian concerns

50%

4. Compliance and Filing of Corporate Tax Returns

Compliance with corporate tax regulations is crucial to avoid penalties, interest, and legal issues. Here’s a step-by-step guide for filing corporate tax returns in India:

4.1. Filing Corporate Tax Returns on the Income Tax Portal

All corporate tax returns must be filed online through the Income Tax Portal. Tax professionals and company accountants must ensure that the correct forms are used for filing, based on the type of company.

4.2. Documentation Required

The following documents are generally required for corporate tax filing:

  • Financial statements, including the profit & loss account and balance sheet.
  • Details of any capital gains or capital losses.
  • Documentation related to income from house property or other sources.
  • Details of tax deductions and exemptions claimed.
  • Previous years’ MAT credit, if applicable.

4.3. Timelines for Filing

Corporate tax returns must be filed on or before the due date specified by the Income Tax Department. The due date for filing corporate tax returns is typically November 30th of the assessment year.

5. Key Considerations for Corporate Tax Filings

To ensure smooth corporate tax filing and avoid penalties, consider the following:

  • Accurate Calculation of Profits and Losses: Ensure proper documentation and accurate calculation of all income and allowable expenses.
  • Maximization of Deductions and Exemptions: Ensure that the company avails all available deductions and exemptions under the Income Tax Act.
  • Timely Filing: File tax returns before the due date to avoid penalties for late filing.
  • Proper Utilization of MAT Credit: If MAT was paid in previous years, ensure that MAT credit is utilized to reduce future tax liabilities.

6. Conclusion

Corporate tax compliance is a critical function for businesses in India. Understanding the applicable tax rates, rules for loss carry-forward, MAT, and other provisions can help companies manage their tax liabilities efficiently. With the help of tax professionals and a thorough understanding of the Income Tax Act, companies can ensure proper compliance, reduce their tax burden, and avoid penalties. For professional assistance, reach out to us on email: info@returnfilings.com or on whatsapp: https://wa.me/919910123091.

7. Additional Resources

Here are some related topics that may interest you:

  • Transfer Pricing Guide – Regulations, Methods, Documentation, and Compliance.
  • Forex Regulation Guide – Policies, Compliance Requirements, and Legal Framework.
  • Tax Refund Guide – Eligibility, Application Process, and Timelines.
  • Tax Amnesty Schemes – Understanding Benefits, Eligibility, and Application Process.

Frequently Asked Questions (FAQs) on Corporate Tax Rate and Compliance

General Information about Corporate Tax

1.       What is corporate tax?

Corporate tax is a direct tax levied on the net income or profits earned by a company or corporation.

2.       Who is liable to pay corporate tax?

All companies incorporated in India, whether public or private, and foreign companies having a place of business in India are liable to pay corporate tax on their income earned in India.

3.       What is the current corporate tax rate in India?

The corporate tax rate in India varies depending on the type of company and its turnover. There are different slabs and rates for different categories of companies. It’s crucial to check the latest Finance Act and Income Tax Department notifications for the most up-to-date rates as they are subject to change. A lower tax rate is available for certain companies that do not avail of specific exemptions/deductions.

Calculating Corporate Tax

4.       How is corporate tax calculated?

Corporate tax is calculated on the taxable income of the company. Taxable income is determined by deducting allowable expenses and deductions from the gross income. The applicable tax rate is then applied to the taxable income.

5.       What are allowable expenses and deductions?

Allowable expenses and deductions are specified under the Income Tax Act. They include expenses incurred for business operations, depreciation on assets, certain investments, and other specified deductions.

6.       What is Minimum Alternate Tax (MAT)?

MAT is a provision to ensure that companies with substantial profits pay a minimum amount of tax, even if they are claiming various deductions and exemptions.

Corporate Tax Compliance

7.       What are the key corporate tax compliance requirements?

Key compliance requirements include: Maintaining proper books of accounts. Deducting Tax Deducted at Source (TDS) on payments made to others. Filing various income tax returns (e.g., ITR-6). Paying advance tax. Getting the accounts audited (in certain cases).

8.       What is the due date for filing corporate income tax returns?

The due date for filing corporate income tax returns is usually October 31st of the following financial year. However, it’s crucial to check the Income Tax Department’s website for the latest updates as due dates can be extended.

9.       What is advance tax?

Advance tax is the tax paid in installments during the financial year on income earned. It is paid to ensure a regular flow of revenue to the government.

10.   What are the penalties for non-compliance with corporate tax laws?

Non-compliance can lead to penalties, interest, and even legal action.

Tax Planning for Corporations

11.   How can corporations plan their taxes effectively?

Effective tax planning involves: Availing of all eligible deductions and exemptions. Optimizing the timing of income and expenses. Making informed investment decisions. Keeping proper records. Consulting with tax professionals.

12.   What is the role of a tax consultant in corporate tax planning?

A tax consultant can provide expert advice on tax laws, help with tax planning strategies, and ensure compliance with regulations.

Other generally asked questions related to corporate tax rate and compliance

13.   How do I pay corporate tax?

Corporate tax can be paid online through the income tax e-filing portal.

14.   What is TDS on corporate payments?

TDS is the tax deducted by the payer from payments made to a company.

15.   How do I file TDS returns?

TDS returns are filed online through the income tax e-filing portal.

16.   What is the difference between direct and indirect taxes?

Direct taxes are levied directly on income, while indirect taxes are levied on goods and services.

17.   How can I find the latest corporate tax rates?

Check the Finance Act and income tax notifications on the Income Tax Department’s website.

18.   What are the common issues faced by corporations regarding tax compliance?

Common issues include understanding complex tax laws, maintaining accurate records, and meeting deadlines.

19.   How can I avoid making mistakes in corporate tax returns?

Maintain proper records, consult with tax professionals, and review the return carefully before filing.

20.   What is the role of a professional in corporate tax compliance?

A professional can assist with tax planning, return preparation, audits, and representing the company before tax authorities.

21.   What are the tax implications of mergers and acquisitions?

Mergers and acquisitions have complex tax implications. Consult with a tax expert for specific guidance.

22.   Where can I find advice regarding corporate tax matters?

Consult with a professional specializing in Income Tax Services, OR reach out to us on email: info@returnfilings.com or on whatsapp: https://wa.me/919910123091.