Page 1 of 5

Journal for Studies in Management and Planning

Available at

http://edupediapublications.org/journals/index.php/JSMaP/

ISSN: 2395-0463

Volume 04 Issue 02

February 2018

Available online: http://edupediapublications.org/journals/index.php/JSMaP/ P a g e | 219

Tax Exemptions under Start-up Scheme

Ms. Harpreet kaur

Asst. Professor in Commerce Deptt. Khalsa College for Women, Sidhwan Khurd.

Email_id : harpreet7bumbra@gmail.com

ABSTRACT

This paper is focused on Tax Exemptions provided by Chapter III of Income Tax

Act 1961 and under start up scheme which Initiate entrepreneurs, and other assesses to run

Business activity or any project by reducing their tax burden through out the Life of Project or for

some Initial years to promote such economic activity. Under startup scheme Primary Level

Investments are fully exempted from Capital gain tax which motivates entrepreneurs (investors) to

invest in such project without any tax liability. Tax Exemption on Capital Gain is a long term

pending plea of Investors who till now routeing their money through Mauritius to avail Capital gain

tax exemption. Startup would not pay income tax for Initial three year. This policy would

revolutionize the pace with which startups would grow in the future.

Keywords: Exemptions, Startups, Entrepreneurs, revolutionize.

TAXATIONS SYSTEM IN INDIA

The taxation system in India is quite well structured. The Department of Revenue of the Finance

Ministry of the Government of India is responsible for the computation, levy as well as collection of

most the taxes in the country and authorised to make any changes in tax structure. Central board of

direct taxes is the governing body in India that govern taxation system. However, some of the taxes

are even levied solely by the Local State Bodies or the respective governments of the different

states in the nation. The Central Indian Government that is officially named as the "Union

Government" is responsible for the imposition of both direct taxes as well indirect taxes. Listed

below are some of the taxes that are levied by the Indian Government:[1]

Income Tax- levied on personal income of an assessee

Customs Duty- levied on import and export of goods

Central Excise-levied on manufacturing of dutiable goods

Service Tax- levied on services

Under the Income Tax Act, 1961 The Central Government levies direct taxes on the income of

individuals and business entities as well as Non business entities also. The taxation level depends on

the residential status of individuals. The thumb rule of residential status is that an individual

becomes resident in India if he or she physically stays in India for at least 182 days during the

previous year. If he or she becomes resident in India, then his total income i.e. income earned even

outside India is taxable in India.

Taxation slabs for Individuals for the financial year 2015-16:

Assesses are liable to pay tax on their income if they are falling in these category after taking

deductions under section 80. Tax slabs are divided in three category based on age of assesses.

Individuals who’s age is less than 60 year:

If total taxable income is below 2, 50,000 NIL

Taxable income fall between 2, 50,000-5, 00,000 10%

Page 2 of 5

Journal for Studies in Management and Planning

Available at

http://edupediapublications.org/journals/index.php/JSMaP/

ISSN: 2395-0463

Volume 04 Issue 02

February 2018

Available online: http://edupediapublications.org/journals/index.php/JSMaP/ P a g e | 220

Taxable income fall between 5, 00,000-10, 00,000 20%

Taxable income is more than 10, 00,000 30%

Individuals who’s age is 60 or more but less than 80 year:

If total taxable income is below 3, 00,000 NIL

Taxable income fall between 3, 00,000-5, 00,000 10%

Taxable income fall between 5, 00,000-10, 00,000 20%

Taxable income is more than 10, 00,000 30%

Individuals who’s age is 80 year or more:

If total taxable income is below 5, 00,000 NIL

Taxable income fall between 5, 00,000-10, 00,000 20%

Taxable income more than 10, 00,000 30%

Assessees are liable to pay tax on taxable income. Government of India not only charge tax but also

motivate the assessee to invest in particular business, area, or activity so as to promote the

infrastructure in under developed area or rural area. Generally, no one is interested to invest in rural

area or in that activity in which chances of profits are low. Government want overall development

this is why it give tax relaxation in initial years of business during which business stand up and

create its space in the market. Tax relaxation ,tax exemptions, deductions, reliefs and rebates are

some legal weapons through which tax burden can be reduced to some extant. In this way our

present government launch STARTUP SCHEME, which initiates entrepreneurship in India that

create jobs and will help in improving the economic conditions in India. [2]

TAX EXEMPTIONS

Tax exemption refers to a monetary

exemption which reduces taxable income. Tax

exempt status can provide complete relief

from taxes, reduced rates, or tax on only a

portion of items. Examples include exemption

of charitable organizations, SEZ from

property taxes and income taxes. Tax

exemption also refers to removal from

taxation of a particular item rather than a

deduction. Exempted income doesn’t included

in assesses taxable income.

Tax exemptions come in many forms, but one

thing they all have in common is they either

reduce or entirely eliminate your obligation to

pay tax. Most taxpayers are entitled to an

exemption on their tax return that reduces

your tax bill in the same way a deduction

does. Federal and state governments

frequently exempt organizations from income

tax entirely when it serves the public, such as

with charities and religious organizations.

Personal exemptions if you are not claimed as

a dependent on another taxpayer's return, then

you can claim one personal tax exemption.

This is a fixed amount that generally increases

each year. The exemption reduces your

taxable income just like a deduction does, but

has fewer restrictions to claiming it.

Generally, the organizations claiming

exemptions are those that don't operate for

profit rather provide valuable services to the

community such as a charity. If an

organization receives tax-exempt status it's

not required to pay federal income tax, but

must maintain accurate records to keep its

status. Donations made by an assessee to

these organizations usually entitle an assessee

to claim a charitable contribution deduction.

State and local exemptions are also available

for assesses that provide tax exemptions to

businesses to stimulate the local economy.

For example, a business may be exempt from

paying local property taxes if it moves its

Page 3 of 5

Journal for Studies in Management and Planning

Available at

http://edupediapublications.org/journals/index.php/JSMaP/

ISSN: 2395-0463

Volume 04 Issue 02

February 2018

Available online: http://edupediapublications.org/journals/index.php/JSMaP/ P a g e | 221

operations to a particular geographic area.

Exemptions help to motivate the

entrepreneurs to start business or provide any

particular service or goods to society which

otherwise is not profitable for them.[3]

ABOUT STARTUP SCHEME

Indian startups aims is to promote

entrepreneurship, construct entrepreneurial

competences at scale and strengthen early

phase support for startups by gathering

together key stakeholders of the network

including startup incubators / accelerators,

angel investors, venture capitalists, startup

support groups, mentors and technology

corporations. This program is intended to

equip entrepreneurs to establish well run,

technically advanced and profitable

companies in India.

Indian Start-ups is a networking group for

Indians across the world to help venture new

start-ups, nurture existing start-ups, encourage

entrepreneurship, provide incubation

facilities, co-working space, seed funding,

crowd funding, investor connections, co- founders, mentors, advisers. Also provide

wherever possible free website, legal, patent,

accounting, marketing and other essential

services needed for start-ups.[4]

 Under start up there will be exemption

on capital gains.

 No inspection for 3 years of start-up

businesses in respect of labour,

environment law compliance post self- certification

 Income tax exemption to startup for

first three year

 There will be credit guarantee fund for

startups

 There will be an 80 per cent rebate in

patent costs.

STARTUP FUNDING SOURCES

 Private investors

 Incubators

 Accelerators

 Venture capitalists

 Seed capital

ELIGIBILITY FOR STARTUP

SCHEME

The Startup India Action Plan defines

“Startup” as an entity, incorporated or

registered in India not prior to five years, with

an annual turnover not exceeding Rs.25 crores

in any preceding financial year, working

towards innovation, development, deployment

or commercialization of new products,

processes or services driven by technology or

intellectual property. Turnover is defined u/s

2(91) of Companies Act 2013 “The aggregate

value of the realisation of amount made from

the sale, supply or distribution of goods or on

account of services rendered or both, by the

company during the financial year”.

EXCEPTIONS:

 Provided that such entity is not formed

by splitting up, or reconstruction, of a

business already in existence.

 Provided also that an entity shall cease

to be a Startup if its turnover for the

previous financial years has exceeded

25 crore or it has completed 5 years

from the date of incorporation/

registration.

 Provided further that a Startup shall be

eligible for tax benefits only after it

has obtained certification from the

Inter-Ministerial Board, setup for such

purpose.

Besides, above

exceptions a company or a firm that is

not registered in India is not covered

by startup scheme. This means only

private limited companies, limited

liability partnership and registered

partnership are eligible for this