Direct Taxes Code (DTC).

• Proposal by the Government of India to simplify and rationalize direct tax laws.
• Aims to introduce new provisions and consolidate, revise, and simplify the structure of direct tax laws into a single legislation.
• Expected to replace the Income Tax Act, 1961, and other direct tax legislations.
• Intended to create a more transparent and taxpayer-friendly tax regime.
• The goal is to streamline tax provisions, reduce ambiguity, and enhance compliance.

History of Implementation of Direct tax Code

In 2009, the government released a discussion paper concerning the Direct Tax Code, followed by the introduction of the Direct Tax Code (DTC) bill in parliament in 2010.

As customary with technical bills, this legislation was referred to the standing committee on finance chaired by Mr. Yashwant Sinha. Although the government aimed for DTC implementation by April 1, 2012, delays in the committee's report submission hindered this timeline. Notably, the bill lacks significant controversy as it does not involve state governments.

Objectives of the Direct Tax code

The Direct Tax Code outlines the following objectives:

1. Simplifying and consolidating all direct tax laws under the central government.
2. Enhancing the effectiveness and efficiency of the tax system.
3. Consolidating laws related to various direct taxes, including income tax, dividend distribution tax, fringe benefits tax, and wealth tax.
4. Establishing horizontal equity among diverse taxpayer classes in alignment with international standards.
5. Enhancing compliance through simpler, stable, and resilient tax laws.
6. Gradually eliminating the multitude of tax exemptions and deductions to broaden and strengthen the tax base.

What is simplification and consolidation of Direct tax Laws?

The simplification of direct tax laws entails:

• Rewriting tax laws in straightforward language.
• Decreasing exemptions and deductions.
• Minimizing cross-references.
• Utilizing explicit language.

Regarding the consolidation of tax laws:

• Combining all direct tax laws into one.
• Example: Merging the Income Tax Act, 1961; Wealth Tax Act, 1957; Gift Tax Act, 1958.

Direct Tax Code (DTC) Proposals

Changes in tax policies include:

• Expansion of income tax slabs. (Implemented in the fiscal year 2012 – 2013)
• Corporate Income Tax or Corporate Tax – The proposed rate for both domestic and foreign firms is 30%, with no surcharge. Currently, domestic firms face a 5% surcharge, while foreign firms encounter a 40% tax rate, along with a 2% surcharge.
• Minimum Alternate Tax (MAT) rate to be set at 20%. The current MAT rate stands at 18.5%.
• Transition of Savings Scheme to the Exempt-Exempt-Tax (EET) model. Currently, these schemes operate under the Exempt-Exempt-Exempt (EEE) model.
• Certain schemes like PF, Gratuity, and pension funds will remain under the EEE model.

GAAR – General Anti Avoidance Rule

GAAR, an acronym for General Anti Avoidance Rule, is a provision within the direct tax system designed to grant tax officials discretionary authority to disallow tax benefits to any firm. However, it also permits tax officials to contravene specific provisions outlined in the Income Tax Act and Double Taxation Avoidance Act.

The primary advantage of this regulation is its potential to significantly diminish tax evasion, thereby curbing the misuse of DTAA. GAAR acts as a deterrent against round-tripping practices.

Nonetheless, GAAR comes with certain drawbacks:

1. Granting discretionary powers to tax officials.
2. The potential for increased corruption.
3. Heightened uncertainty within the tax system.
4. A potential decline in creditworthiness.

Guidelines issued by the government in the implementation of GAAR

The key guidelines outlined for the implementation of GAAR include:

1. Establishment of an approving panel comprising three senior Income Tax officials.
2. Activation of GAAR exclusively for significant transactions.

Recommendations from the Parthasarathi Shome committee are as follows:

• Postponement of GAAR implementation for three years, effective April 1, 2016.
• Decisions on invoking GAAR to be made by the approving committee.
• Setting a threshold limit of 3 crores.
• Abolishing capital gains tax and permitting advanced rulings.
• Acceptance of tax residency certificates issued by foreign governments.
• The primary aim of GAAR should be to prevent tax misuse and apply only in contravention cases.
• GAAR should not be invoked if specific anti-avoidance rules are in place.
• Retrospective amendments should be made exceptionally, only in rare circumstances.