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INDIA HAS BECOME
I am happy to find that the recent budget of Mr. Yashwant Sinha has made India a tax haven. Many claim that it is a mayhem for all taxpayers, particularly individuals and HUFs. Now, the taxpayer will be forced to have a good look at this particular strategy that I have been propagating ever since the concept of capital gains indexation was introduced by Finance Act 92. Yes, time and again I pleaded with my readers to adopt this legal way of not paying any tax. Unfortunately, I found |
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A TAX HAVEN A deeper look at the budget shows us that in the seemingly bleak scenario, there are yet avenues for saving tax, as have been highlighted here |
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The strategy
All income on your investible funds can be made tax-free, legally! Surprised?
Well, I shall be more explicit. Suppose you are in the 30% tax bracket.
You have Rs. 50 lakhs investible funds. You earn a modest interest of
10% p.a., from a safe source. On this income of Rs. 5 lakhs (10% of Rs.
50 lakhs), you would pay a hefty
Rs. 1,30,200 tax, inclusive of the 5% surcharge.
I claim, you do not have to pay even one single rupee as tax, legally!
How can this be achieved?
PODs
Pure-growth, Open-ended, Debt-based schemes (PODs) of UTI/MFs have emerged
as a great avenue for investment. I like these because ---
Tax on Long-term Gains
Starting with FY 81-82 as the base year, the central government notifies
the 'Cost Inflation Index' (CII) every year. Long-term gains are computed
by deducting from the full value of the consideration indexed cost of
acquisition. Such gains are charged to tax at a flat rate of 20%. You
cannot avail of any tax deduction under section (u/s) 80L, 80D etc., or
the tax rebate u/s 88 in respect of such gains. However, tax rebate u/s
88B for senior citizens or u/s 88C for non-senior women is certainly applicable.
The most beneficial part is --- where the liability to tax arises in the
case of an individual or an HUF only because of the inclusion of long-term
capital gains in the total income, tax will be levied at the capital gain
tax rate on the excess over the minimum taxable limit i.e., Rs 50,000.
For example, if you have Rs. 20,000 normal income, after claiming the
deductions u/s 80L, 80D, 80G etc., and have earned capital gains of Rs.
55,000, you will be required to pay tax only on Rs. 25,000 (20,000 + 55,000
- 50,000).
Pure-growth,
Open-ended, Debt-based schemes (PODs) of UTI/MFs have emerged as a
great avenue for investment. |
Sec. 54EC & ED
Contributions to avenues u/s 54EC within 6 months of earning capital gains
are exempt from tax on capital gains. Full exemption is available if the
amount of contribution equals or is more than the capital gains. Lower
contribution attracts proportional exemption. The lock-in is 3 years.
Bonds of NABARD, NHAI and REC are covered by the section. The budget proposes
to add Bonds of NHB and SIDBI to the list with a lock-in of 3 years are
available. Contribution to IPOs give the same benefit u/s 54ED. Here the
lock-in is of only 1 year.
The Strategy
An example will clarify the utility of these investment avenues and tax
provisions. We assume that your normal income has taken you to 30% tax
bracket. You have Rs. 50 lakhs investible funds and can earn a growth
rate of 10% in an MF scheme and --- this is most important --- you require
Rs. 5 lakhs every year, over and above your normal after-tax income, for
your day-to-day expenses.
Please read on even if you do not have Rs. 50 lakhs. If you have Rs. 10
lakhs (and not 50), all that you have to do is to divide the figures by
5. I entreat you to understand the fundamental principle and be guided
by it.
Short-term
Now, suppose the NAV of the POD at the point of your entry is Rs. 10 and
it grows by 10% to Rs. 11 in one year. For some strange reason, you withdraw
Rs. 5 lakhs from this fund on the 364th day, just one day prior to the
completion of one year. This is short-term gain which is taxed at the
normal rate. What is the quantum of this short-term gain? Have a look
at Table-1.
The normal concept is that the short-term capital gains are taxed at
the normal rates applicable to the assessee and therefore, there is no
difference between earning income through capital gains and earning income
as interest (or dividend). This is a misconception. The fact is that the
total growth is Rs. 5 lakhs and the amount withdrawn is also Rs. 5 lakhs.
In other words, we are stripping growth. A large portion, Rs. 4,54,545
to be precise, of the amount withdrawn is capital in nature and therefore,
not taxable. What is taxed is only Rs. 45,455. What is available for consumption
is Rs. 5 lakhs. The tax works out at less than 3%, even if you are in
the highest tax zone, thanks to your other income.
The rest of the growth remains invested and not taxed. By using this strategy,
you are 'Investing Income and Consuming Capital'.
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TABLE-1 : UTI/MF PODs
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| Investible funds = Rs. 50 lakhs | Interest rate = 10% p.a. |
| Units Purchased = 5,00,000 | Units sold = 45,455 |
| NAV at start = Rs. 10 Units | Balance = 4,54,545 |
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Corpus at the Year-end : Rs. 55 lakhs
Amount Withdrawn : 5,00,000 |
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| Capital Portion = 500000 x 50 / 55 | = 4,54,545 |
| Capital Gains | = 45,455 |
| Tax Thereon @31.5% | = 14,318 |
| Tax as a percentage of amount withdrawn | = 2.86% |
| Balance corpus in the fund = Rs. 55 lakhs - 5 lakhs
= 4,54,545 x 11 |
= Rs. 50 lakhs = Rs. 50 lakhs |
Long-term
What if you withdraw just after 366th day? In that case, you are eligible
to the benefit of indexation of cost.
The cost inflation index for FY 01-02 is 426 and for the previous FY 00-01
was 406. We find that the indexed cost is Rs. 4,76,936 (= 454545 x 426
/ 406). The long-term capital gains are Rs.23,064.The tax payable @20%
will be Rs. 4,613. The capital gains without indexation is Rs. 45,455.
This is taxed @10%. Therefore, the tax is Rs. 4,546. The tax payable will
be Rs. 4,546 (being lower of the two. With surcharge, it is Rs. 4,773
(= 0.95%). Even this small tax can be saved by parking Rs. 23,064 in bonds
of NABARD or NHAI.
Any-term
What if you have no other income? In that case, your total income is Rs.
45,455. This being lower than the tax threshold of Rs. 50,000 the tax
liability on the Rs. 5 lakhs withdrawn is nil!
Since you have your capital of Rs. 50 lakhs intact at end of the year,
you can adopt the cycle for next year and all the subsequent years! Unless,
of course, the tax provisions are changed by a subsequent Act.
Note that the increase of the surcharge from 2% to 5% has no effect on
this strategy. Finally, this analysis assumes indexation benefit for only
one year. Higher the holding period, better is the effect of indexation.
Moreover, and this is the most amazing part, there is no need to look
at any tax-saving devices, including deduction u/s 80L and rebate u/s
88.
To Sum
PODs are currently giving a yield, much higher than dream yields (See
Table-2). This is due to the mark-to-market method of computing the NAVs
which temporarily climb up when the interest rates are cut and descend
down when the interest rates are hiked up. The above calculations assumes
a growth rate of 10%, in view of the interest rate sliding down.
Obviously, PODs are slated to be a major investment vehicle of tomorrow.
Mr. Sinha is thankfully forcing you to start today. Finally, those of
you who have some risk appetite, may use the same strategy with equity-based
schemes of UTI/MFs. Indeed, India has become tax haven.