Cabinet likely to red-flag super-rich tax in DTC Bill

Govt may not want to sully business environment in the run-up to polls

The proposal to levy a ‘super-rich’ tax, at the rate of 35 per cent, on those earning more than Rs 10 crore a year might not receive support of the Union Cabinet, which is to consider the Direct Taxes Code (DTC) Bill this month. This is because the government might not like to sully the business environment in the country in the run-up to the general elections.

The finance ministry is moving a supplementary note to propose changes in the DTC Bill sent to the Cabinet in August. Though it is unlikely to propose any change to the ‘super-rich’ tax provision, officials say the Cabinet might not clear it in view of the polls.

The Cabinet had not taken up the Bill at its previous meeting, reportedly due to apprehensions at the Prime Minister’s Office (PMO) over the new tax slab. PMO, it is learnt, also worried the time might not be right to bring a new legislation without extensive consultation.

BREAKING THE CODE
The amendments to the DTC Bill, 2010, that the Cabinet might consider this month

• 35%
  I-T rate for those earning over Rs 10 cr a year may not be approved
• Rs 2 lakh
  The current exemption limit for I-T is likely to be retained
• Fast-track courts for black-money cases
• Settlement commission to resolve tax disputes might be done away with
• Threshold for indirect-transfer shares on which capital gains tax is to be imposed might be defined
• Exemption from tax on maturity of some long-term saving instruments could continue
• MAT could be retained on book profits, instead of gross assets

In Budget 2013-14, Finance Minister P Chidambaram had imposed a surcharge of 10 per cent on those earning at least Rs 1 crore in a year. He had said this was a one-time tax on the wealthy to help the economy tide over a difficult fiscal situation. At present, 42,800 Indians earn more than Rs 1 crore a year; those earning over Rs 10 crore annually would be much fewer.

According to a report by Kotak Wealth Management and CRISIL Research, there were 62,000 high-networth individuals (HNIs) in the country as of 2010-11. The report, ‘Top of the Pyramid — Decoding the Ultra HNI’, defined HNIs as those with a minimum average net worth of Rs 25 crore. This gets mapped to a minimum income of Rs 3-4 crore.

Levying an additional five per cent tax on these individuals would bring Rs 19.5 lakh to the exchequer (Rs 4.5 lakh on the first Rs 1 crore and Rs 5 lakh on every subsequent Rs 1 crore) from those earning up to Rs 4 crore. The number of HNIs at 62,000 people would mean an additional income of Rs 21,390 crore for the government, if it is assumed they earn up to Rs 4 crore a year. But many of these might be earning more than that, so the actual additional revenue could be much more.

Since the proposed ‘super-rich’  tax is to be imposed only on those earning more than Rs 10 crore, the sum would need to be adjusted accordingly.

There will be about half a dozen changes in the supplementary note, which the finance ministry is aligning with the new Companies Act. Changes will also be made in the areas pertaining to petroleum, mineral oil, financial services, urban development and the Planning Commission.