In the budget of 2016-17, the finance
minister introduced a new tax system named as the ‘equalisation levy’. This tax
of six percent would be levied on the revenue earned through online
advertisement. The non-residents who would have received any specific service
for more Accounting Audit Service than one lakh from a resident possessing business in India or a non-resident
being permanently settled in India would have to pay the equalisation levy tax
but this would be exempted from the income tax.
The committee of the government has
decided to not only charge the equalisation levy on the online advertisements
alone but also to charge on thirteen other transactions like website designing
and maintenance, digital platform for sale of goods and services, cloud computing,
online marketing, online download of software and applications, etc.
Aren't there enormous non Indian companies
and whether this tax to be levied on non-Indian residents has been dealt with
in detail? It has been clarified that the tax is very different than the tax
earned on the income therefore; it has to be charged differently. This tax
would not be a part of the income tax yet this tax would be levied as this tax
has been categorized as a separate tax.
The controversy here is that whether this
tax is an additional tax or whether this tax would exempt the Transactions Advisory online
advertisement service tax. Formulation of the levy tax is supposed to be
beneficial for the non-Indian companies indulged in making online
advertisements because this would exempt them from paying the tax under the act
of the income tax.
Now there is still a possibility for the
officials of the income tax department to charge forty percent more tax from foreign
companies settled in India. In these cases, the equalisation levy might also
get charged. Therefore, the foreign companies might end up paying double tax in
India. This is a concern and hasn't yet been addressed.
The major
concern here is that the tax payer would be unable to appeal to the tax
officials or the tax authority against such issues. Such issues need to be
addressed before charging the equalisation levy tax. Obviously, this added cost
can’t be paid by the foreign companies. Thre fore, such issues remain
unaddressed.
Obviously, such a tax would invite challenges and
such challenges can only be addressed if the Private Limited Company Registration payee and the payer negotiate on
the arrangements pertaining to their business. This can only help us know who
should actually be the one to pay the additional cost.
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