Cryptocurrency Tax, New ITR Rule and More

Finance minister Nirmala Sitharaman announced a new tax rule for taxpayers where a taxpayer can file an updated return on payment of taxes within two years from the end of the relevant assessment year during her Union Budget 2022 speech.

The Finance Minister also announced tax relief for persons with disabilities. The parents or guardian can take insurance from their children with disabilities, she said. The payment of annuity or lump sum for disabled dependent will be exempted during the lifetime, finance minister added.

Taxpayers can file updated ITR within two years of the relevant assessment year, says FM. This is a new provision that will ensure voluntary tax filing and reduce litigation, the FM said.

Gouri Puri, Partner, Shardul Amarchand Mangaldas & Co., said: “Giving taxpayers an opportunity to file an updated tax return to report any income that was erroneously missed out or to correct errors is a much awaited tax reform. Hitherto, if a taxpayer missed the due date to file a revised return, there was no mechanism in law to self-report any income that was not offered to tax. This left the taxpayer vulnerable to litigation, interest and penalties even when there was an intent to disclose income. This reform should go a long way in reducing tax disputes and building trust between the taxpayer and the Government. “

Tax Deduction Limit on Employer’s Contribution for NPS Increased

Finance minister Nirmala Sitharaman said NPS deduction for employer contributions for state govt employees raised from 10 per cent to 14 per cent, to bring them on par with central government employees. Investment in National Pension System (NPS) is offers tax benefit under three different sections of the Income-tax Act, 1961.

Corporate surcharge reduced

TDS will be imposed on payments for the transfer of crypto assets at a rate of 1 per cent for transactions over a certain threshold. Furthermore, gifts of crypto assets will be taxed in the recipient’s hands.

Long term capital gains to be subject to surcharge only at 15 per cent for all assets

“Long term capital gains to be subject to surcharge only at 15 per cent for all assets as against graded surcharge. Currently, this is available only for listed shares and units of mutual funds,” finance minister announced. Amit Singhania, Partner, Shardul Amarchand Mangaldas & Co., said: “Rationalization of surcharge rate on long term capital gains, by limiting it to 15 per cent will encourage investments in capital assets.”

Tax on proceeds of digital assets

Finance minister Nirmala Sitharaman has announced 30 per cent tax on proceeds of virtual/digital assets in Budget 2022. “Taxation of virtual digital assets – at 30 per cent. No deductions are other than cost of acquisition. No set off permitted against other income. Tax withholding to be triggered on sale at 1 per cent beyond a certain threshold. Deduction for employer contribution to NPS increased from 10 % to 14 per cent for state govt employees on par with central govt employees. Not extended to non-govt employees,” said Saraswathi Kasturirangan, Partner, Deloitte India.

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