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Corporate Tax Planning




                    Notes

                                     Did u know? Rate of dividend tax from April 1, 2010:
                                     Dividend Tax – 15%
                                     Surcharge – 1.125%
                                     Education cess – 0.3225%

                                     SHEC – 0.16125%
                                     Total dividend Tax – 16.60875%
                                   Time limit for payment of DDT is that it is to be paid within 14 days of Declaration Distribution
                                   or Payment of dividend whichever is earlier. Dividend income is exempt under section 10(34) in
                                   the hands of recipient. But dividend tax is not a deductible expense in the hands of company.

                                   Self Assessment

                                   State whether the following statement is true or false:

                                   12.   The treatment of tax on distributed profits of domestic companies is dealt in by Chapter
                                       XIID which contains a special provision relating to tax on distributed profi ts of domestic
                                       companies.

                                   13.   Section 115-Q provides for interest payable for non-payment or delayed payment of
                                       additional tax by domestic companies.
                                   14.   The dividend received by Assessee Company from its subsidiary shall be deducted
                                       provided Subsidiary has paid dividend tax.
                                   15.   Time limit for payment of DDT is that it is to be paid within 16 days of Declaration
                                       Distribution or Payment of dividend whichever is earlier.
                                   16.   Dividend income is exempt under section 10(34) in the hands of recipient.


                                   5.4  Tax on Dividend and Income Received from Venture Capital
                                       Companies

                                   Venture Capital is a term coined for the capital required by an entrepreneur to ‘venture’ into
                                   something new, promising and unconventional. Investing in a budding company has always
                                   been a risky proportion for any financier. The risk of the business failure and the apprehensions

                                   of an all together new project clicking weighed down the small entrepreneurs to get the start-up
                                   fund. The Venture Capitalists or the angel investors then came to the forefront with an appetite
                                   for risk and willingness to fund the ventures.
                                   At present, the Venture Capital activity in India comes under the purview of different sets of
                                   regulations namely:
                                   1.   The SEBI (Venture Capital Funds) Regulation, 1996 [Regulations] lays down the overall
                                       regulatory framework for registration and operations of venture capital funds in India.
                                   2.   Overseas venture capital investments are subject to the Government of India Guidelines
                                       for Overseas Venture Capital Investment in India dated September 20, 1995.
                                   3.   For tax exemptions purposes venture capital funds also needs to comply with the Income
                                       Tax Rules made under Section 10(23FA) of the Income Tax Act.
                                   In addition to the above, offshore funds also require FIPB/RBI approval for investment in
                                   domestic funds as well as in Venture Capital Undertakings (VCU). Domestic funds with offshore




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