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The Indian Budget of 2007 has introduced some changes in the tax rates in India.   Here are some of the highlights of the New Taxes

Budget India 2007 Tax Highlights

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Tax Rates in India  |  Withholding Taxes for Foreign Companies under the Tax Treaties

 

Taxes

  • Exemptions cut for export-oriented enterprises such as software outsourcing firms, IT and BPO's, by asking them to pay Minimum Alternate Tax (MAT) on income.
  • National goods and services tax to be levied from Apr. 1, 2010.
  • Service tax to be extended to more services including mining.
  • Dividend distribution tax raised to 15 percent
  • Employee stock options brought under fringe benefits tax
  • Education cess to be raised by one percent
  • Personal income tax threshold for exemption raised by 10,000 rupees.
  • Corporate tax rates maintained, surcharge on small and medium enterprises removed
  • Gas pipelines to get tax exemption for 10 years
  • Five-year tax exemption for 2-, 3- and 4-star hotels and convention centers with seating capacity of at least 3,000 in New Delhi and surrounding districts.
  • Cash transaction tax retained
  • Tax to GDP ratio seen at 11.4 percent in 2006/07; tax rates to be moderate and stable.
  • Direct tax revenue to increase 30 billion rupees in next fiscal year.
  • Revenue from indirect tax changes to remain neutral next year.
  • Centre to give states 1.24 trillion rupees as their share of 2006/07 taxes

Custom Duties Reduced

  • Peak customs duty for non-farm sector to be reduced to 10 percent.
  • Second steel import duty cut to 10 percent
  • Import duty on polyester yarn cut to 7.5 percent
  • Duty on farm sprinklers cut to 5 percent from 7.5
  • Import duty on medical equipment cut to 7.5 percent
  • Duty on sunflower oil cut by 15 percentage points
  • To eliminate additional CVD duty on crude and refined edible oils
  • Petroleum excise duty cut to 6 percent
  • Duty on cut and polished diamonds reduced to 3 percent from 5 percent; on rough synthetic stones to 5 percent from 12.5 percent; on unworked corals to 10 percent from 30 percent.
  • Bio-diesel and water purification equipment exempted from excise duty
  • Excise duty on cement sold for 190 rupees per bag or below cut to 350 rupees per tonne.

 

Other Duties

  • Import duty of 3 percent on private aircraft
  • Export duty of 300 rupees per tonne on iron ore
  • Excise duty on cigarettes raised by 5 percent
  • Excise duty on cement sold for more than 190 rupees per bag raised to 600 rupees per tonne from 400.
 

COMMENTS ON BUDGET BY THE PRESS

 

Outsource the taxes? Article from Business Standard

Priyanka Joshi / New Delhi March 2, 2007

INFORMATION TECHNOLOGY: Industry leaders wonder whether killing the golden goose was the only option before the finance minister.

It’s up on the wall — the Budget delivered nothing positive for the IT industry. Kris Gopalakrishnan, president, joint managing director and COO of Infosys Technologies, lays it out crisp and clear, “...the taxation proposals are neutral at best”.

Tax increases in the corporate sector will greatly hurt sentiments since tax collections on the corporate side have gone up by 40 per cent, he says: “The increase in the dividend distribution rate and levy of 1 per cent surcharge on tax rates will lead to enormous negative sentiments.”

The Indian IT-ITeS sector is expected to exceed $47.8 billion in revenue in FY07, an increase of 28 per cent, while contribution to GDP estimated to be 5.4 per cent is up from 4.8 per cent last year.

Multinationals were expected to pump in investments up to $10 billion in FY 2006-07. Nasscom president Kiran Karnik expressed his dismay at the extension of minimum alternate tax (MAT) on export incomes which were exempt under sections 10A and 10B. “This is a regressive step,” he clarified.

Higher costs for leased space will adversely affect small and medium enterprises that do not own office space, reducing competitiveness vis-à-vis other destinations, reckons Ravi Venkatesan, chairman, Microsoft (India).

“The decision to levy MAT is disappointing as it results in increased costs by 1.5-2 per cent,” he says. But Venkatesan does pat the FM for the Rs 33 crore allocation for the new scheme constituted for manpower development for the software industry.

“This is a good start towards skill development, improving the talent supply, and recognising the need to strengthen the talent supply for the IT and BPO industry,” he finishes.

The prevalent sentiment is that despite creating 3,80,000 jobs in the IT sector, comprising 50 per cent of the total jobs created globally and the largest number of jobs in the organised sector in India, the Budget has imposed the fringe benefit tax (FBT) on employee stock options.

Deepak Ghaisas, CEO, i-flex solutions, agrees, “The IT industry had some expectations and I do not think the FM has taken them in to account and if he has introduced any measures, the impact of these measures is fairly negative.”

The government should have considered extending the Software Technology Park scheme and Section 10A of the Income Tax Act beyond 2009, he adds.

Yet another puzzle that Chidambaram did not resolve was the much needed clarification over the SEZ scheme, which can put many IT companies from finalising their capital expenditure plans on hold.

However, the Budget has also awarded a pass-through status to venture capital funds focusing on knowledge intensive sectors in respect of investments in biotechnology, IT relating to hardware and software development, and nanotechnology.

“The benefit extended to the semiconductor industry is expected to attract investments up to $10 billion in the next 4-5 years,” explains Bundeep Singh Rangar, chairman of IndusView.

According to him, this highlights the need to bridge the digital divide between developed and developing economies.

“The initiative will open the Indian electronic design automation industry estimated to grow to $43 billion by 2015 from the current $3 billion through mergers and acquisitions,” says Rangar.

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Budget 2007: The IT Sector Deserves Better
IT News Online Article

2007-03-01

Kris. Gopalakrishnan, President, Joint Managing Director and Chief Operating Officer, Infosys Technologies Ltd.:
"This budget is a mixed bag. On the fiscal front, there have certainly been great improvements. Tax collections are up, growth is up. Spending has increased for the social sector, though nothing radical has been proposed. Neither are there any transformational initiatives. Higher education deserved much more, but we have seen less."

"Overall, the budget has certain positives, but the taxation proposals are neutral at best. On the tax front, reducing custom duty is welcome, extending the Technology Upgradation Fund to the textile industry is great, but one would have expected a reduction in the excise rates to expand the industrial market for India. Tax increases in the corporate sector will greatly hurt sentiments since tax collections on the corporate side have gone up by 40%. Certainly, the industry was looking for relief from surcharge levies. The increase in the dividend distribution rate and levy of 1% surcharge on tax rates has created enormous negative sentiments."

"The IT sector is growing at a rapid pace and the industry expected no change in the 10A, 10B regime while expecting an extension of time frame. Obviously, this has not come about in the budget but the changes in the budget to bring 10A and 10B companies under MAT is a retrograde step as commitments have been made to keep the exemption going till 2009."

"The IT sector this year will create 380,000 jobs, which comprise 50% of the total jobs created globally, and the largest number of jobs in the organized sector in India. The FBT levy on stock options adversely affects one of the major employee retention tools for the IT sector. The IT sector deserves better because of its job creation potential."

"Overall, the budget does not have anything positive for the IT sector."

Nandu Kumar Pradhan, President and MD, Red Hat India:
"The Budget clearly brings out the Government's commitment to drive societal change through education. This can be seen in the increase in budgetary allocation for the Sarva Shiksha Abhiyan and restructuring of ITIs amongst others. Commitment from the government with an increase in allocation for eGovernance projects both at the Center and State will help drive the growth of the Domestic IT industry."

"With the pass through status granted to Venture Capitalists in the areas of Biotechnology, Information Technology and Nano Technology, will help the Indian entrepreneurs create software, hardware products and Intellectual Property development.

Alok Gupta, Director Marketing, Unistal Systems:
"The imposition of MAT at an effective rate of 11.22% on book profits has wiped away the benefits that we were to enjoy until 2009. Apart from this the imposition of fringe benefit tax on ESOPs has come up as a surprise for us. The Ministry did not concede the industry's demand to extend the tax holiday available to software and IT enabled services companies under the software technology park (STP) scheme beyond 2009."

Mahendra Lalwani, MD, ZyXEL Technology India Pvt. Ltd.:
"We welcome the government's decision to maintain the current excise and custom duty levels on IT products. But at the same time we are disappointed with the government's decision to extend the minimum alternate tax (MAT) and also their move to slap a fringe benefit tax on ESOPs."

Tripathi, MD, Infrasoft Technologies:
"Since InfrasoftTech is a banking solutions company, first comment is that the regional rural banks are given a boost by the FM, permitting them to enter FX business and accept NRE and FCNR Deposits. Branch expansion has been permitted to RRBs. Hopefully, RRBs that have completely rural centric business model and HR to meet this business need, can benefit from this change."

"On other SSI businesses, excise waiver for companies up to sales of Rs. 1.50 crore is good for small sector. This won't help IT companies as this size is not feasible even for the start ups in IT and ITES industry."

"No surcharge on income tax for companies having taxable income up to Rs. 1 crore is good for generic industries, for companies ranging in turnover of about Rs. 10-15 crores, considering a 10%-15% profit margin for them on which they pay tax. However, most IT companies in this category have been exporters, thus may see no benefit from this."

"For right-sized SME and mid-cap IT and ITES companies who still have to cross $100 million in revenues or those who are not in the Billion Dollar Club, this budget is nothing, but bad news."

"The FM who himself had promised a ten year tax break till 2009, has gone ahead to introduce MAT for all the businesses, there by taking away the tax break the IT industry had planned on the government's past assurances. The government fails to see the contribution the IT industry has made in terms of generating employment, infrastructure, exports and a international brand, that the tax collection in lieu would have never achieved."

"FBT on ESOPs is a badly calculated tax. ESOP price difference was already hitting profit and loss accounts of the current year for companies, instead of allowing a deduction from the net-worth of the company. IT companies thrive on current year PE multiples and thus would like to maximize their PAT. The issue of ESOPs for retention and participation of employees in services companies was therefore as such not getting conducive treatment by the government for years."

"The FM has assumed that companies are using ESOPs as a vehicle to lower their taxable income, which is grossly incorrect. The FM has also assumed that companies are using ESOPs as a vehicle to lower their taxable income, which is grossly incorrect. On top of it, adding FBT to ESOPS will further discourage people centric services companies to seek higher employee participation."

Deepak Prasad, Vice President, Global Sourcing, Safenet Infotech Pvt. Ltd.:
"Not a very promising budget, really! No specific fillip for the fledgling, growing Indian software product industry either. The IT sector, which has been doing well, will instead see a rise in taxes through MAT (specially the small to mid-sized firms). There is little or no mention on initiatives for export, instead, as I understand there have been increase in taxes on the software services exporters."

"The cost structure for companies will generally be impacted due to additional service taxes on rentals and also through additional dividend distribution tax for firms after they pay the requisite income taxes."

Col. Balwinder Singh, Director, Targus Technologies:
"The budget is progressive and forward looking especially the allocation for egovernance, which has been enhanced by 82% to Rs. 719 crore in 2007-08 to fund the ambitious program. The planned expansion of expenditure on e-governance is a good signal for the IT industry. It will serve to expand the domestic market and IT firms will see government spending coming their way. I also welcome the decision to maintain the current excise and custom duty levels on IT products. Besides, the increase in SSI exemption limit for the IT hardware industry, which has been raised to 1.5 crores is also encouraging."

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Is Budget Unfavourable to Corporates?
Article from Moneycontrol.com

So a mundane Budget it seems - almost non-sensational. But wait, the devil is in the details and the details don't quite favour corporate India. The FM may not have tinkered with key tax rates, but he certainly has widened the base. Lots of minor moves that add upto a taxing Budget for corporate India. CNBC-TV18 reports that cement and IT companies will bear the worst brunt.

No change in key tax rates - you could say the Finance Minister did as his government promised. But that's not how cement and IT companies are seeing it this Wednesday. In the first such move of it's kind in India, the Finance Minister linked the excise tax rate on cement to it's selling price.

So it is a lower tax rate for a bag selling at less than Rs 190, and a 33% higher rate for a bag priced at more than Rs 190. The intention is to rein in prices and inflation - but it is not going down very well with the cement industry.

Also, taking it on the chin are IT companies. The FM has proposed an 11.33% Minimum Alternate Tax, or MAT, on the book profits of IT companies, who have so far enjoyed an exemption. The tech sector is bracing itself for a margin hit.

S Ramadorai, CEO & MD, TCS says, "There will certainly be a margin impact of about 1.5% - 1.6% as we see it today and on the basis of our understanding. But in case there is a clarity that evolves with regards to the offsets, then we need to recaliberate it, of course, assuming what we have understood, the implication is 1.6% in the margins on the profit after tax.

The news gets tougher - while the Finance Minister has left key tax rates untouched, he has imposed an additional 1% education cess on all taxes. The Dividend Distribution Tax rate will go up from 12.5% to 15% and ESOPs will now come with an FBT price tag, with the difference between the market value and ESOP issue price to be taxed as FBT - a whopping 30%.

The service tax threshold exemption limit has been doubled to Rs 8 lakh, which means over 2 lakh small service providers will go out of tax net. But several new services will now be taxed such as Works Contract, Renting of Commercial property and even offshore services.

On the flipside and as part of the inflation attack, the excise duty on petrol and diesel has been reduced from 8% to 6%. On the customs front, the peak rate has been brought down to 10% and import duties on several items like polyster yarns, plastics and medical equipment have been reduced to 7.5%.

But net-net, corporate India may have to share more of the spoils this year.

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Budget will provide new opportunities for American companies to engage in the Indian market

February 28, 2007: U.S.-India Business Council (USIBC) has warmly welcomed the release of India’s 2007-08 Union Budget and its inclusive-growth message.

“The U.S.-India Business Council is pleased with the initiatives listed in the 2007-08 Union Budget. It should achieve a balance of promoting infrastructure growth while combating inflation, and provide new opportunities for American companies to engage in the Indian market,” said Ron Somers, President of USIBC.


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