We always find it
lucrative to talk about start-ups. But to actually make it real, one need to
work on it and that is really difficult for most of us. We need to consider
various factors before working on the start-ups such as marketability, demand,
competition and incentives available for the start-ups. While considering
factors, most of us easily calculate all other factors but always struggle to
utilize the incentives in the most beneficial manner due to lack of knowledge
and information. Incentives related to tax laws always make it difficult for
the people with sparking aspirations to make them beneficiary. The very same
difficulty would be eased with the readings of this article only. Recently, in
the Finance Bill 2, most of us know it as Union Budget, the government of India
has proposed one of the most transforming and needful incentive for all the start-ups.
Taxation is always an
important matter to consider since it costs around 30% of the business profits.
In Indian tax laws if any business incurs loss in any financial year the same
can be carried forward to future years and can be set off against the future profits
and reduces the tax burden on the entity on the fulfillment of the certain
conditions. One of the two conditions
to carry forward losses in case of the company is at least 51% of the total
shares should be held by persons who beneficially held shares of the company
amounting at least 51% of total shares on the last day of the year or years in
which the loss was incurred. Further second
condition for the start-ups, the
government has already relaxed the law to provide with the carry forward of the
loss if all shareholders of such company who held shares on the last day of the
year or years in which the loss was incurred, continue to hold those shares on
the last day of the previous year and such loss has been incurred during the
first 7 years of incorporation of the start-ups. Both the above described
conditions are applicable only to the companies where public is not
substantially interested and the companies are allowed to carry forward the
part of losses which was being retained by them in the year just preceding to
relevant previous year.
Example-
Suppose A (a company) incurs loss of 1 crore in 2016-17 and due to
non-satisfaction of the above described conditions the company cannot carry
forward the loss of 1 crore in year 2017-18 then it cannot not be retained by
the company even if it satisfies the condition in year 2018-19. It is because
once the loss becomes ineligible to be carried forward, it cannot be retained
back in the subsequent years even on the satisfaction of the conditions
prescribed.
AMENDMENT
AND BENEFIT-
Providing with the BIGGEST relief to the START-UPS government has proposed to
amend section 79 to provide that loss incurred in any year prior to the
previous year, in the case of closely held eligible start-up, shall be allowed to be carried forward and set off
against the income of the previous year on satisfaction of either of the two
conditions stipulated and discussed above even if was diluted in any of the
previous year. This means the government has provided the weapon to reclaim
carry forward/ setoff of the loss which was diluted in any previous year. Let us understand it with the illustration-
Suppose A (an eligible
start-up company) incurs loss of 1 crore in 2016-17, 5 crore in 2017-18. Then
it can brought forward the loss of 6 crore in year 2018-19 but if in the year
2018-19 the mandatory conditions i.e. 51% holding by same persons or all
shareholder in the start-ups on the last day of year in which loss was incurred
still continue to hold all their share. If any of the above conditions is
satisfied then only company can carry forward the loss of 6 crore in year
2018-19 for the next year otherwise the loss of 6 crore would be lost forever
since in the Income Tax Act the loss which is brought forward can only be
carried forward. In this case the loss of 6 crore would not be available to
brought forward in 2019-20 hence it cannot be carried forward in any subsequent
year. This was the condition prior to amendment but with the proposed amendment if the company
satisfies any of the above 2 conditions in year 2019-20 then the company would
be eligible to carry forward the loss of 6 crore in the year 2019-20 even if
the loss was already diluted in the year 2018-19. Hence the government has
provided the weapon to win the battle with the carry forward of losses in the
hands of start-ups. In this way the proposed amendment has plugged the
potential deprivation of 6 crore and now the start-ups can enjoy the additional
benefit of carry forward of losses with this relaxation.
All your valuable suggestions suggestions are warmly welcomed....
https://www.caclubindia.com/articles/the-most-transforming-incentive-to-start-ups-in-the-union-budget-2019-38738.asp