One of the most important criteria while deciding the feasibility of an investment is its tax impact. In a country of 140 crore population, 70% own a mobile phone, 40% are employed but only 5.7% pay taxes on income. Further, a small subsection of Indians (specially the salaried class) pays a large portion of all personal income tax. In contrast, in the U.S., about 45 per cent of the population pays taxes.
Without any doubt, the 8-crore tax paying Indian community always preferred to invest their savings in tax free investment products. However, the things have changed in the last decade – the government has introduced a host of tax laws to tax/ withdraw tax exemption from most of the tax-free products that were available in the Indian financial market:
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Dividends:
Before 01/04/2020, dividends from shares, mutual funds and ULIPs were tax free in the hands of recipients. However, dividends received during the financial year 2020-21 and onwards are taxable in the hands of the recipients as per normal slab rate.
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Employees provident fund:
Effective 01/04/2022, any interest on an employee’s contribution to EPF/VPF upto INR 2.5 lakhs per year is tax-free and any interest earned on a contribution over and above INR 2.5 lakhs is taxable in the hands of the employees under ‘income from other sources’ at normal slab rates.
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Equity/Equity mutual funds:
Section 112A of the Income Tax Act was introduced in order to levy long term capital gains tax on equity share transfer, equity-oriented funds and business trust units. The tax rate of 10% is applicable on investments in aforesaid products w.e.f. 01/04/2018 subject to a tax-free limit of INR 1 lakh. -
Real estate:
Budget 2023 has put a limit on tax deduction on capital gains through reinvestment in residential house property at Rs 10 cr. Limit on the roll over benefit claimed under section 54 and section 54F of the Income Tax Act will adversely impact the HNIs.
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Debt/Gold/International mutual funds:
In another major move by the government, w.e.f. 01/04/2023, investments in debt mutual funds (<35% equity), gold ETFs/ mutual funds, and mutual funds investing in international securities will be chargeable to tax at normal rate without the benefit of indexation. As of now, they enjoy the benefit of indexation and lower tax rate of 20%.
How it is going to impact a common man?
Suppose an investor buys a debt mutual fund for INR 100 and sells for INR 120 after 3 years. If invested before 31/03/2023, indexed cost would have been INR 115 and tax would have been payable on INR 5, that too, 20%. Only, INR 1 went to the government in tax. After 01/04/23, the whole gain of INR 20 will be taxable at slab rate (30%+ in most cases) and therefore, INR 6 will go to the government in tax.
Corporates and HNIs will be adversely impacted by the change in this law.
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Insurance:
Unit Linked Insurance Plan: Budget 2021 had proposed to remove the tax-exempt status on the proceeds of ULIPs if the annual premium exceeded INR 2.5 lakh.Traditional policies: Budget 2023, in another significant move, proposed to remove the tax-exempt status on the proceeds of traditional insurance plans if the annual premium exceeded INR 5 lakh. However, the change in provision is applicable w.e.f. 01/04/2023 and is not going to impact the policies issued before 01/04/2023.
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Cryptocurrencies:
Profits from sale, swap or spend of any crypto assets are taxed at a rate of 30%. Also, Section 115BBH prohibits offsetting crypto losses against crypto gains, or any other gains or income for that matter.
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Market Linked Debentures:
In a major blow to HNIs, the budget 2023 announced taxation changes to market-linked debentures (MLDs), eliminating the tax advantage enjoyed by these investments. Previously, MLDs were a popular investment choice among high net-worth investors due to the favorable tax treatment of only 10% if held for over 12 months. Now, the tax will be based on investors income tax bracket, which can be as high as 35%.
Going forward, the investors have limited options that will be totally tax free:
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Public Provident Fund: The tenure of PPF is 15 years. But the maximum annual contribution is restricted to INR 1.5 lakh.
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Sukanya Samriddhi Yojana: The Sukanya Samriddhi Yojana is a government savings scheme created with the intention to benefit girl child under the initiative called “Beti Bachao – Beti Padhao”
The maximum tenure of the scheme is 21 years and maximum annual contribution is INR 1.5 lakh.
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Tax Free Bonds: NHAI, PFC, REC, IRFC, HUDCO and NABARD bonds are traded in open market but the yields are sub-par (5-6%) viz-a-viz 7.5% on a 10-year government bond.
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We strongly believe that India is still an underpenetrated financial market. Complicated as well as unfavorable tax laws will hamper the growth of financial sector in India.
Further, the debt market, which was majorly dependent on debt mutual funds and insurance/pensions funds for market operations will find a tough time in the near future.
Retail investors (directly and through mutual fund investments) have played a significant role in protecting the stock market from aggressive FII selling in the last three years. If not compensated, their interests should have been considered while changing the tax laws.
What may be on cards?
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Gold declaration scheme: Gold, along with crude and electronics, is one of the major reasons for forex outflow. Electronics are being manufactured locally through the PLI scheme. India is now a net exporter of mobile phones. To curb high crude imports, EV and hydrogen-based infrastructure is being set up. Another INR 30,000 crore was set aside in Budget for energy transition. To promote digital gold investments, government introduced Sovereign Gold Bonds.
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Exit tax on Indians surrendering their citizenship on the lines of the US exit tax: India has lost close to $233B because of 9.3 lac Indians surrendering their citizenship between 2017-21.
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ULIP inter scheme switches