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Corporate Tax, Types and Tax Rate in India

Corporate tax in India is the tax levied on the income of companies, including both domestic and foreign entities operating within the country. Check the article to know more about Corporate tax in India
authorImageShruti Dutta30 Jul, 2024
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Corporate tax

Corporate tax is a direct tax levied on corporations and other business entities' net income or profit. In India, domestic and foreign companies are subject to corporate tax under the Income Tax Act. For the fiscal year 2023-24, several key provisions and changes have been introduced, impacting how companies calculate and pay their taxes. Understanding these regulations is essential for compliance and efficient financial planning. This overview will provide insights into the current corporate tax landscape, including tax rates, deductions, and compliance requirements for businesses operating in India.

What Is a Corporate Tax Rate?

A corporate tax rate is the percentage of tax that a corporation or business entity is required to pay on its profits. The government determines this rate and varies by country, impacting how much a company owes in taxes based on its earnings. Corporate tax rates are crucial for both domestic and foreign businesses as they directly affect a company's net income and overall financial health. Understanding these rates is essential for strategic financial planning, compliance, and maximizing profitability. The corporate tax structure can influence business decisions, investment strategies, and economic growth, making it a pivotal aspect of corporate finance and economics.

Corporate Tax in India

A corporation is an entity with a separate and independent legal existence from its shareholders. Both domestic and foreign companies are liable to pay corporate tax under the Income-tax Act. A domestic company is taxed on its global income, while a foreign company is taxed only on the income earned within India, i.e., income accrued or received in India. For tax calculation purposes under the Income-tax Act, companies are classified as follows:
  • Domestic Company : A domestic company is registered under the Companies Act of India. This also includes companies registered in foreign countries but with control and management in India. Domestic companies have both private and public companies. Act of India. This also includes companies registered in foreign countries but with control and management in India. Domestic companies encompass both private and public companies.
  • Foreign Company : A foreign company is not registered under the Companies Act of India and has control and management outside India.

New Tax Rate Imposed in Budget 2024-25

Finance Minister Nirmala Sitharaman has proposed reducing the corporate tax rate for foreign companies from 40% to 35%. This adjustment aims to make India a more attractive destination for international businesses and stimulate foreign investment. Direct taxes are further subdivided into:
  • Personal Income Tax: This is the income tax paid by individual taxpayers, who are taxed based on different tax slabs and rates. The tax rate varies according to individuals' income levels, ensuring a progressive tax system where higher-income earners pay more.
  • Corporate Tax: This is the income tax paid by domestic and foreign companies on their income earned within India. Corporate Income Tax (CIT) rates are specified in the Income Tax Act and may be adjusted annually in the Union Budget. For domestic companies, the tax rate is determined by various factors, including turnover and applicable exemptions. In contrast, for foreign companies, the rate applies to the income accrued or received in India.
The proposed reduction in the corporate tax rate for foreign companies is expected to enhance India's competitive edge in the global market, encourage more multinational companies to set up operations there, and contribute to economic growth by increasing employment opportunities and boosting industrial activity. Additionally, this move aligns with the broader objective of simplifying the tax structure and making compliance easier for businesses.
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Corporate Tax Deductions

Corporate tax deductions are specific expenses a corporation can subtract from its total taxable income, reducing its overall tax liability. These deductions are allowed by tax laws and are designed to encourage certain business activities and investments. Understanding and utilising these deductions effectively can significantly lower a company's tax burden and improve its financial health. Here are some common types of corporate tax deductions:
  • Depreciation : Corporations can deduct the cost of tangible assets, such as machinery, equipment, and buildings, over their useful lives through depreciation. This deduction reflects the wear and tear on these assets over time.
  • Business Expenses : Ordinary and necessary expenses incurred while running a business, such as salaries, rent, utilities, and office supplies, are deductible. These must be directly related to the company's operations.
  • Research and Development (R&D) : Expenses incurred in developing new products, processes, or technologies can often be deducted. This deduction aims to encourage innovation and technological advancement.
  • Charitable Contributions : Donations made to qualified charitable organisations can be deducted, subject to certain limitations. This not only helps in tax savings but also promotes corporate social responsibility.
  • Employee Benefits : Costs related to employee benefits, such as health insurance, retirement plans, and education assistance, are deductible. These benefits help attract and retain talent while providing tax relief.
  • Bad Debts : Businesses can deduct bad debts that have been written off as uncollectible. This applies to debts from credit sales or loans made during regular business operations.
  • Loss Carryforward : Companies that incur a net operating loss (NOL) in one year can take that loss to offset taxable income in future years, reducing future tax liabilities.

Things to Know About Filing Tax Return

Filing an income tax return is a crucial responsibility for companies, ensuring compliance with tax laws and regulations. You must know everything about the process, including the specific tax return forms and audit requirements.

Tax Return Forms for Companies

ITR 6: All companies, except those claiming a deduction under section 11, must file their tax returns using Form ITR 6. This form is designed for entities that do not benefit from exemptions related to income from property held for charitable or religious purposes. ITR 7: Companies registered under section 8 of the Companies Act 2013 involved in charitable activities must file their tax returns using Form ITR 7. This form is tailored for entities claiming exemptions under various sub-sections of section 139 of the Income Tax Act.

Tax Audit Requirements

The Income Tax Act mandates that certain classes of companies must have their accounts audited and submit an audit report to the Income Tax Department along with their tax return. This process, known as a Tax Audit, is essential for ensuring the accuracy and reliability of a company's financial statements.

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Corporate Tax FAQs

What is the corporate tax rate for domestic companies in India?

Domestic companies in India are generally taxed at a rate of 30%. In addition to this base rate, a surcharge is applied based on the company's net income. For companies with net income ranging from ₹1 crore to ₹10 crore, a 7% surcharge is applicable. If the net income exceeds ₹10 crore, the surcharge increases to 12%.

Is there a reduced corporate tax rate of 22% for certain companies?

Yes, a reduced corporate tax rate of 22% is available for certain domestic companies. This rate, which applies from the tax year 2019-20, is subject to a surcharge of 10% and an additional health and education cess of 4%. Companies opting for this reduced rate must forego various exemptions and incentives.

Why has the corporate tax rate been lowered in India?

Reducing corporate tax rates is part of a strategic effort to stimulate investment and economic growth. Lower corporate tax rates aim to attract domestic and foreign investments, boost business activities, and revitalise India's economy, which has faced challenges in recent years.
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