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Economy and Finance

Economy and Finance

What is an Angel Tax? What are new Changes in 2019 and 2023?

29 May 2023 Zinkpot 204
  1. Term Angel tax comes from Angel investors. Angel investors are the initial investors in a startup. Angel investors invest and amount and get a share of equity into that unlisted startup.  
  2. If this unlisted company or startup receives an investment which is above it’s fair value, the excess money received as investment will be treated as the income from other sources which would be identified and taxed. 
  3. This tax liability in the hands of startups is known as an angel tax.
  4. It was introduced in 2012 in the form of Section 56 (2) (viib) of the Income Tax Act to plug money laundering practices. 
  5. Investments over and above the fair market value are taxed at 30.9%. 
  6. Issues :  The tax came under criticism by investors, industry and the entrepreneurs for being anti startup or unfriendly. It may increase taxation burden on the startup who are already suffering from capital crisis.
  7. Moreover the calculation of fair market value is a subjective activity which could not be standardised as a startup’s valuation may be based on projected returns at a given point and is subject to negotiations between the startup and investor. 
  8. In December 2018, more than 2000 startups received tax notices to pay up dues on the angel tax, including penalty charges.
  9. Amendments 
  10. In 2019 :  In an announcement by the Finance Ministry in 2019, startups registered under Department for Promotion of Industry and Internal Trade (DPIIT) are exempt from angel tax. All that a startup needs to do is apply for eligibility to DPIIT along with necessary documents and returns which will then be sent to CBDT (Central Board of Direct Taxes) for final approval. The CBDT reserves the right to decline the exemption status for a company.
  11. In 2023 : India exempted investments by non-resident entities such as sovereign wealth funds and pension funds from 21 countries from the so-called 'angel tax', leaving out Mauritius, Singapore, and Luxembourg among others that account for significant equity inflow into the country.
  12. The 21 countries are Australia, Austria, Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Iceland, Israel, Italy, Japan, South Korea, New Zealand, Norway, Russia, Spain, Sweden, the UK and the US.
  13. Investments by non-resident investors including multilateral entities, foreign banks and insurers, foreign portfolio investors and entities registered with the Securities and Exchange Board of India (Sebi) will not face the angel tax.





 

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