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about how dividends would be taxed from this fiscal
Dividends would be taxed in the hands of the recipients and not
companies or fund houses
Do you expect to receive dividends from Indian companies and
Mutual Funds in this financial year? Check for the tax withheld by the domestic
companies and Mutual Funds from your dividends. With effect from financial year
(FY) 2020-21, dividend is taxable in the hands of the shareholders and unit
holders and not in the hands of the company/Mutual Fund.
For the past several years, in order to reduce the compliance
burden on account of withholding taxes on dividend for both, companies (in the
form of E-TDS returns and issuing TDS certificates) and individuals (in the
form of enclosing the TDS certificates in the tax return), dividends had been
exempted from tax in the hands of recipients. The tax burden was shifted from
the recipients to the companies and Mutual Funds themselves. A domestic company
or Mutual Fund in India, which had declared, distributed or paid any amount as
dividend, was required to pay a distribution tax on such dividends.
From DDT to personal tax slab
Dividend distribution tax (DDT) at the rate of 15 per cent (plus
applicable surcharge and cess) was lower than the highest tax rate payable by
individual taxpayers at 30 per cent (plus applicable surcharge and cess).
Consequently, dividends received by tax payers who had high dividend income was
indirectly subjected to tax at a lower rate. To address this anomaly, from
FY 2016-17 onwards, resident individuals having dividend from domestic
companies in excess of Rs 10 lakhs were liable to tax at 10 per cent (plus
applicable surcharge and cess) on such dividend, in addition to the companies
paying DDT.
Technically, dividend is income in the hands of the shareholders
and unit holders, and not in the hands of the company and Mutual Funds. Also,
with the advent of technology and easy tracking system available, now the
process of withholding tax or offering the dividend income to tax is no longer
cumbersome. Hence, from FY 2020-21 onwards, dividends from domestic companies
and mutual funds are taxable in the hands of the shareholders and unit holders
at their applicable slab rates and DDT has been abolished.
As dividends have been made taxable in the hands of the
individual, the provisions for withholding tax have also been reinstated.
Domestic companies and mutual funds are liable to withhold tax at 10 per cent
on dividend income paid to resident individuals in excess of Rs 5,000. However,
as a temporary relief measure due to COVID-19, tax withholding rate has been
reduced to 7.5 per cent till 31 March 2021. Please note that your annual tax
credit statement (Form 26AS) is likely to have the details of only such
dividend on which tax has been withheld (i.e., dividend income in excess of Rs
5,000).
Taxation of NRIs
For non-resident individuals, tax withholding would be at 20 per
cent (plus applicable surcharge and cess). A non-resident individual also has
the option of being governed by the provisions of the Double Tax Avoidance
Agreement (DTAA) between India and his country of tax residence, if they are
more beneficial to him. For instance, if a DTAA restricts taxation of dividend
income to 15 per cent for a resident of that country, the tax rate mentioned
would be applicable for computing tax as well as withholding tax, subject to
specified conditions being met (including obtaining a tax residency certificate
from the country of residence outside India).
Interest expenses incurred to earn such dividend are allowed to
be deducted from the dividend up to a maximum of 20 per cent of the dividend
income. No other expenses can be claimed against the dividend income.
Dividend income from foreign companies continues to be taxable
at the applicable slab rates. If a resident individual has paid tax in a
foreign country and is liable to pay tax in India also, he can claim foreign
tax credit as per the DTAA with the foreign country.
In view of the above, it will be prudent to keep an eye on the
dividends received during the year, so that the same can be factored into the
estimated taxable income while determining the advance tax payable during the
year and offered accurately to tax in the tax return.
Happy Investing
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