The Finance Minister presented
the Budget 2022 speech today. There were no changes in the individual
taxpayer’s tax slab rates, but the finance minister provided new taxation rules
for the income generated from virtual digital assets. Let’s look at the key
amendments in the Finance Bill 2022 for the taxpayers.
A new provision is inserted that allows the taxpayers to file an updated return for errors or mistakes done in income tax returns. Taxpayers can now file an updated return within two years from the end of the relevant assessment year. It is said to be a positive step towards promoting voluntary compliance.
Due to the increase in the frequency and volume of transactions of Virtual Digital Assets, for the first time, the provision for taxation of virtual digital assets is introduced in Budget 2022. It has inserted Section 115 BBH, which provides taxation rules on income from virtual digital assets. The said provision states that any income from the transfer of virtual digital assets shall be taxed at 30%. It further specifies that loss arising from the transfer of virtual digital assets cannot be adjusted against any other income, and it cannot be carried forward to subsequent years. No deduction for any expenditure shall be allowed from the same, except the acquisition cost.
Another provision (Section 194S) is also inserted to deduct TDS at 1% at the time of payment on transfer of virtual digital assets where the amount is above the specified threshold limit.
The Finance Minister has further proposed to fully tax the gifts received in the form of virtual digital assets in the hands of the recipient.
The budget 2022 has reduced the Alternative Minimum Tax (AMT) to 15% of the adjusted total income from the current rate of 18.5% to provide parity in tax rates between cooperative societies and companies. It has further capped the surcharge at 7% for the co-operative societies with total income above Rs 1 crore and up to Rs 10 crore.
The State government employees will now be able to claim deduction under Section 80CCD(2) for NPS contribution by the employer up to 14% of their basic salary and dearness allowance, which is in line with the deduction available to the Central government employees under the said section.
Currently, Section 80DD provides a tax deduction to the parents or guardians of the disabled person who have paid any amount under the insurance scheme specified in the said section. The said deduction is available only if such insurance scheme provides for the payment of annuity and lump sum amount to the differently-abled person on the death of the subscriber. The said section is amended to include insurance schemes that allow the payment of annuity and lump sum amount to the differently-abled dependant during the lifetime of the parent and guardians on attaining their age of sixty years or more, and the payment or deposit to such scheme has been discontinued.
Citing the start-ups as drivers for the economy’s growth, the benefit of tax incentives under Section 80-IAC was available to the start-ups that were incorporated up to 31st March 2022. However, the benefit of tax incentives is further extended to start-ups incorporated up to 31st March 2023.
It is further clarified that the surcharge and cess on income and profits will not be allowed as business expenditure.
Created & Posted by Pooja
Income Tax Expert at TAXAJ
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