Applicability of Minimum Alternate Tax in India

N. Chaturvedi, Priyesh Sharma, Karandeep Makkar
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Abstract

Applicability of MAT in India: As per section 115JB (1), every company shall liable to pay a Minimum Alternate Tax. If its tax on total income, computed at the normal rate, is less than 10% of its book profit, such book profit shall be deemed to be the total income of the assessee and the tax payable by the company shall be 10% (from Assessment Year 2010-11 15%, 18% for AY 2011-12) on such book profit.Normally, a company is liable to pay tax on the income computed in accordance with the provisions of the income tax Act, but the profit and loss account of the company is prepared as per provisions of the Companies Act. There were large number of companies who had book profits as per their profit and loss account but were not paying any tax because income computed as per provisions of the income tax act was either nil or negative or insignificant. In such case, although the companies were showing book profits and declaring dividends to the shareholders, they were not paying any income tax. These companies are popularly known as Zero Tax companies. In order to bring such companies under the income tax act net, section 115JA was introduced w.e.f assessment year 1997-98. MAT proposes the corporate sector to be slim and beautiful. It has been successful so far to burn the fat and make the sloth run; the new scheme will also do the same but in a different manner.
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最低替代税在印度的适用性
MAT在印度的适用性:根据第115JB(1)条,每家公司都有义务缴纳最低替代税。如果按正常税率计算其总收入的税率低于其账面利润的10%,则该账面利润应视为被评估人的总收入,公司应纳税额为该账面利润的10%(2010-11课税年度为15%,2011-12课税年度为18%)。通常情况下,公司要对按照所得税法的规定计算的收入纳税,但公司的损益表是按照公司法的规定编制的。根据损益帐,有大量的公司账面上有利润,但却没有缴纳任何税款,因为根据所得税法的规定计算的收入要么为零,要么为负,要么微不足道。在这种情况下,尽管公司显示账面利润并向股东宣布股息,但他们不缴纳任何所得税。这些公司通常被称为零税公司。为了将这些公司纳入所得税法,在1997-98课税年度引入了第115JA条。MAT建议企业部门要苗条漂亮。到目前为止,它已经成功地燃烧了脂肪,让树懒跑起来;新计划也将做同样的事情,但方式不同。
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