1 Presented By CA Swatantra Singh, B.Com, FCA, MBA ID: B.Com, FCA, MBA ID: New Delhi, , New Delhi, ,

 Introduction  Scope and Purpose  Computation  Taxable Assets  Practical Issues: ◦ Taxability of Assets ◦ Indian Repatriates ◦ Valuation of Assets ◦ Challenges  Wealth tax planning  Filing of Wealth tax returns

For the Financial year : - Estimated tax collection of Rs 400 crores - Estimated tax collection cost of Rs 174 crores Projections for the Financial : - Projected tax collection of Rs 425 crores - Projected tax collection cost of Rs 216 crores **Source: The Economic Times dated 8 th April 2009 For every rupee spent, the Government earns Rs 1.97 of wealth tax.

 For every Re spent, the Government collects Rs 60 of income tax (all categories)  For every Re spent, the Government collects Rs 701 of corporate income tax  Cost of collection (Direct Taxes) in other countries: ◦ Britain :1.53% ◦ Germany:2.35% ◦ Australia:1.15%

Note:  In Austria, Denmark, Germany, Finland, Iceland, Spain and Luxembourg wealth tax was abolished during the last decade  The concept of Wealth tax does not exist in Belgium and Great Britain. NomenclatureCountry Solidarity tax on WealthFrance Wealth taxGreece, Norway, Switzerland and Netherlands Property taxUS

 Conceptually wealth tax is a levy on unproductive “assets” held by an assessable person.  For the purpose of wealth tax the taxable persons can be broadly classifed as: ◦ Direct Assessees: Persons directly assessable to wealth tax ◦ Indirect Assessees: Persons indirectly assessable to wealth tax

Direct Assessees  Individual  HUF  Company Indirect Assessees  Firm  AoP : Sec 21AA  Trust (which is not into religious or charitable activities): Sec 21A

AssesseeResidential Status Assets in India Debts in India Assets outside India Debts outside India Individual – Citizen of India Resident and ordinary residentIncludedDeductibleIncludedDeductible Individual – any other case including foreign national who is a resident and ordinary resident Indian Citizens: Non resident or not ordinary resident Foreign Nationals: Resident or non resident. IncludedDeductibleNot includedNot Deductible HUF Resident and ordinary residentIncludedDeductibleIncludedDeductible Non resident or not ordinary resident IncludedDeductibleNot includedNot Deductible Company ResidentIncludedDeductibleIncludedDeductible Non ResidentIncludedDeductibleNot includedNot Deductible

 Debts owed in India: ◦ If it is repayable in India or ◦ If the debtors is in India  Assets outside India are not assessable to wealth tax in the case of foreign nationals  Debts incurred outside India in relation to assets located in India shall be deductible for all categories of assessees.

 Sec.3 Wealth tax shall be charged to every individual, H.U.F, Trust and 1% of the amount by which net wealth exceeds Rs Lacs as on corresponding valuation date i.e last day of financial year. Note assets must belong on last movement of valuation date.  Sec.45 –Act not apply to any company registered u/s 25 of company act, any social club, political party, co-operative society or any mutual fund specified in sec 10(23D) of income tax act. Note: No education cess on wealth tax.

 (A) Value of assets belonging to assessee as on valuation date (Assets as per sec. 2(ea) xxxx  (B) Deemed assets (Sec.4) xxxx  (C) Exempt Assets (Sec.5) xxxx Gross Wealth A+B-C xxxx Less: Liabilities incurred on assets included in wealth. xxxx Net Wealth xxxx Value as per schedule III read with sec.7 of wealth tax act.

As per Circular No 3 dated as amended by Circular No 392 dated AssetWhen located in India Tangible Immovable propertyIf the property lies in India Rights or interests in or over immovable property (otherwise than by way of security) If the immovable property lies in India Benefits arising out of immovable property If the immovable property lies in India Rights or interests in or over a movable property (otherwise than by way of security) If the movable property lies in India. Goods on high seas cannot be considered to be in India – CWT vs Consolidated Pneumatic Tools Co Ltd – Supreme Court. (1971) 81 ITR 752 Aircrafts/ Boats/YachtsIf it is registered in India

 Company registered u/s 25 of the Companies Act (non profit organizations)  Co operative society  Social club  Political party  Mutual fund u/s 10(23D) of the Income tax Act

 1% on taxable wealth in excess of Rs 15 lacs  Exemption limit of Rs 15 lacs is applicable to all category of assessees  No surcharge levy on wealth tax  No cess levy on wealth tax

 Buildings  Cash in Hand  Boats, Yachts & Aircrafts  Jewellery, bullion, furniture, utensils etc made of precious metals  Urban Land  Motor Cars Please Refer to Annexure 1 for detailed explanation on taxable assets.

ASSETS INCLUDES :- BUILDINGS, CARS, JEWELLERY, AIRCRAFTS, SHIPS, YACTS, URBAN LAND AND CASH

 (i) Any building or land appurtenant thereto means house whether used for residential or commercial or guest house purposes or farm house (situated with in 25 km from local limits of municipality.) or otherwise.  Not to include: If used for business or profession carried on by assessee. If assessee is partner in firm, even used for firm business is eligible for not including in asset If held as stock in trade. Any commercial establishments or complexes. Any residential property let out for 300 days or more in p.y House (Residential) allotted (not let out) to (whole time) employee or director or officer by COMPANY having gross annual salary (in money terms whether taxable or not) of < 5 Lacs.

 (ii) Indian or Imported Motor Cars including jeep, jonga, motor van but excluding bus, truck, delivery van, ambulance, two wheelers or three wheelers etc. Even if use for business or profession. Not to include: if held as stock or used for the business of running them on hire. Note: If leased out asset in the hands of leasing co. If hire purchase asset in the hands of hire purchaser  (iii) Jewellery (ornaments and semi precious or precious stones), bullion, furniture, utensils or any other article made wholly or partly of gold, silver, platinum or any precious metal. Not to include if held as stock in trade.

 (iv) Boats, yachts, aircraft including helicopter exclude ships. Not to include: if held as stock or used for commercial purpose (to be seen from license granted by ministry of civil aviation.  (v) Urban Land means situated in municipality whose population > 10 thousand (Latest census figures published before valuation date) or situated within 8 km (as central govt. notifies)form local limits of municipality(vacant) Even if agriculture. Not to include: If held as stock for a period of 10 years from its acquisition date. If occupied by building (approved).

If construction not permissible under any law for the time being in force in area in which land situated. If for dispute not constructed then asset. if any unused land used by assessee for industrial purposes for a period of 2 years from date of acquisi tion. Note: Plot on land on which construction going on, till completion of construction it is land after completion it is building.  (vi) Cash in hand in case of Individual or HUF if more than 50 thousand. (whether recorded or not) and in case of any other person if not recorded it is asset but if recorded it is not an asset even if it exceed 50 thousand.

Includes:  Any building or land appurtenant thereto whether used for residential, commercial, guest house etc  Any farm house if situated within 25 kms from local limits of any municipality or cantonment board

Excludes:  House meant exclusively for residential purposes occupied by an employee/ officer/director of a company, having a gross salary of less than Rs 5 lacs  House held as stock in trade by the assessee  Any house occupied by the assessee for the purpose assessee’s business or profession  Any residential property let out for less than 300 days in the previous year  Any property in the nature of commercial establishments or complexes

 Includes all motor cars whether Indian or Foreign  Excludes: ◦ Cars held as stock in trade ◦ Cars used by the assessee in the business of running them on hire

 Includes jewellery, bullion, furniture, utensils or any other article made wholly or partly of gold, silver, platinum or any other precious metal or any alloy containing one or more of such precious metal  Excludes assets held as stock in trade

 Includes all categories of Yachts, boats and aircrafts  Excludes those yachts, boats and aircrafts used for commercial purposes

Urban land means land situated:  In any municipality or cantonment which has a population of not less than 10,000 as per latest available census prior to the valuation date.  Within 8 kms from an municipality or cantonment

Excludes:  Land on which construction is not possible  Land on which building has been constructed with approval of the appropriate authority  Unused land held by the assessee for industrial purposes for a period of 2 years from the date of acquisition  Land held as stock in trade for a period of 10 years from the date of acquisition

1) Assets transferred to wife without consideration or adequate consideration but not in connection with agreement to live apart. 2) Assets transferred to sons wife without adequate consideration 3) Assets transferred to a person or association of person without adequate consideration for the direct or indirect or immediate or deferral benefit of the person who transferred or his/her spouse or his/her son’s wife. 4) A person who is holder of impartibly estate. 5) Assets held by minor including step or adopted child but not being a married daughter Exceptions: Disable minor (80U sec) or assets acquired by minor from manual work income or his skill, talent, specialized knowledge and experience.

Note: Assets of minor to be included in wealth of parent whose net wealth is more excluding this minor’s wealth if marriage of parents subsist otherwise person who maintains child. Once included in once parent wealth it continues unless A.O satisfy that necessary to change after giving opportunity of being heard. 6) Assets transferred otherwise than irrevocable transfer (i.e which is revocable after 6 years or which is not revocable during life time of transferee and under which transferor derives no direct or indirect benefit during transfer period ). Note: No power to revoke during irrevocable transfer if power arise it will be deemed asset for transferor. Actual revocation not necessary 7) Interest of partner of firm or member of AOP other than co- operative society. (Minor partner interest in parents income.)

7) Conversion by individual his self acquired property into joint family property without adequate consideration Note: if on partition of family, out of assets transferred by individual, share received by spouse that to be deemed asset for individual (Assume it is indirect transfer) 8) Member of cooperative housing society (Asset is house allotted form allotment date)Amount payable under such scheme is deducted as debts owned in relation to asset. 9) Building or Right in building (not land) acquired in following cases: a) On lease for a period of 12years or more (excluding right from period not > 1 year) b)Possession obtained in part performance of contract u/s 53A of Transfer of property Act. Note: Building on lease for 12 years or more for right more that 1 year also included in real owner wealth hence double taxation. 10) Gift by book entries unless AO satisfy money’s actual delivery.

 If properties are assets as on valuation date then it is to be clubbed in transferor wealth even if these were not assets at time of transfer.  Relationship must exist at time of transfer and also as on valuation date.  Accretions to Assets in transferee hand will not be clubbed with transferors wealth.  Case::: Minor earn from skills….> buy house….>give it on rent….> with rent income buy car then this car is to be clubbed with parents wealth.

 (i) Any property (in India or outside India) held under trust or under legal obligation for any public purpose of charitable or religious nature in India. Note: Exemption is available for business assets only when such business in incidental and separate books maintained. If trust deed provides that property can also be used for other than charitable or religious purposes then exemption not available. (ii) Interest in co-parcenary property of HUF. (iii) Any one building in occupation (i.e own possession but not let out) of Ruler which was declared by C.G as his official residence. (iv) Heirloom jewellery (kept permanently in india and in original shapes) in possession of Ruler not being his personal property.

 (v)An Indian citizen or person of indian origin who was Non Resident and who has returned to India with intention of permanently residing in India, then the money and assets brought to India and value of assets acquired out of money sent from abroad and NRE account within one year immediately preceding his date of return and assets acquired after coming back out of such money shall be exempt for a period of 7 successive A.Y. commencing with A.Y next following date on which he returned. Note: If Assessee brought assets (not money)from o/s India and convert them into other assets in India, Assets converted in India will also be eligible for exemption. As per Kerla high court decision. (vi)Any one house (may be let out, Residential, commercial, farm house, self occupied, or Guest house etc.) or part of a house or a plot of land (land area 500 Sq. Mt.or less) belonging to Individual or HUF.  Note: If exemption under sub sec. (iii) then no expemption to ruler under sub section (vi)

 Debt owned on the valuation date by assessee on assets included in wealth are deductible.  Note: If assets included but exempted u/s 5 then debt owned not deductible.  Even if value of assets are less, whole amount of debt is deductible.  Debts outside India is deductible if such debts have been incurred to acquired assets in India included in Wealth.  If debt is on asset and non asset and it is not possible to compute debt for asset then use following formula to calculate debt for asset Total Debt X Actual cost of asset / Actual cost of asset and non asset togeather.

 In case of Individual or HUF who is Non Resident or Not ordinarily resident.  Company which is non resident  Individual who is non citizen of India  During the year ending on valuation date, Assets located outside India and debts on such (even if debts in India) shall not be included for wealth calculation.

 Property held under trust for charitable and religious purposes in India  Interest in the coparcenary property of the HUF  One official residence of a Ruler  Heirloom jewellery of an erstwhile Ruler  Money and assets brought into India by citizen of India or persons of Indian origin for 7 assessment years  One house or part of a house or plot of land not exceeding 500 sq mts for an individual or HUF assessee

 Ships  Farm house located beyond 25 kms from any municipality or cantonment  Cars owned by cab operators and tourist cars  Antique furniture not containing any precious or semi precious stones or metals  Paintings, sculptures and other similar works of art  Archeological possessions  Computers, laptops and other gadgets  Two wheelers, trucks, buses and lorries

Even Valuation Officer has to follow Schedule III. For Valuation of Building or Land appurtenant thereto Sec. 7 also relevant. Assets  Building or Land Appurtenant thereto  Assets of Business  Interest in Firm/AOP  Jewellery  Urban Land, Cars, Yachts, Aircrafts, Boats. Rule numbers  3 to 8  14  15,16  18,19  20

 If property acquired or constructed after 31/03/1974- a) Net Maintainable Rent X Capitalization Factor b) Total cost of acquisition or construction and cost of improvements a or b which ever is higher.(Rule 3,4,5) If before 01/04/74 then only ‘a’ condition. Exception- For one house exclusively used by assessee for his own residence throughout p.y and whose costs (Acquisition or construction and improvement) not exceed 25 Lacs (50 Lacs for metro cities) only condition ‘a’. (Sec.7 (discussed later) exemption can also be used for this same house) Add: Adjustment of unbuilt area of plot of land (Rule 6) Less: Adjustment of unearned increase in value of land (Rule 7)

Capitalization factor: If property is on freehold land12.50 If on leasehold land and unexpired period of lease on valuation date is 50 years or more10.00 If on leasehold land and unexpired period of lease on valuation date is less than 50 years 8.00 Net Maintainable Rent (NMR): Gross Maintainable Rent (GMR) Less 15% of GMR Less Municipal Taxes (Accrual basis) whether borne by tenant or assessee.

 If property not let out- Fair Market Rent or annual value as assessed by local authority if property falls in jurisdiction of local authority.  If property let out- Annual Rent or Annual value of local authority whichever more.  Annual Rent = Actual Rent X 12 / No of months for which property let out.  Actual Rent (for property let out period)= Actual rent received or receivable for property let out period + 1/9 th of Actual rent received or receivable for repair if repairs borne by tenant + Taxes agreed to be borne by tenant (for property let out period) + 15% interest (on monthly outstanding balances ignoring part of month on Refundable or non refundable deposit (other than advance rent for 3 or less months) from tenant, reduced by interest actually paid to tenant on such if any + Lease premium or non refundable lease out deposit divided by no. of years of lease (for property let out period) + Value of benefit received by assessee for leasing property (for property let out period) + Any obligation of owner met by tenant (for property let out period)

 Rule 6- Adjustment of unbuilt area of plot if unbuilt area > specified area  Specified area (permissible unbuilt area) is 70% of aggregate area (60% for metro cities and 65% for some specified cities)  If % of unbuilt area less specified area over aggregate area is- ◦ Upto 5% then no addition as per rule 6 ◦ >5% but upto 10% then 20% of value as per rule 3,4 and 5 ◦ > 10% but upto 15% then 30%..... ◦ > 15% but upto 20% then 40%..... ◦ > 20% then rule 8 will apply above rules 3 to 7 not apply.

 Rule 7-Adjustment for unearned increase= If property is constructed on lease hold land from govt. or govt. authority and govt. is entitled to recover a specified percentage of unearned increase in value of land at time of transfer of property then value as per 3,4,5 and 6 shall be reduced by a) 50% b) Unearned increase value to be recovered by govt. whichever is less (a or b) Unearned increase is Value of land on valuation date as determined by govt. for computing unearned increase less lease premium paid or payable to govt.

 Rule 8 states that notwithstanding rule 3 to 7 the value of property shall be estimated to be price it would fetch if sold in open market on valuation date in the opinion of Assessing Officer.  Rule 8 only if- difference b/w unbuilt and specified area is >20% of aggregate area or where property on lease hold land and where lease expires within 15 years from valuation date and lease deed not gave option for renewal of lease. Or where Assessing officer with prior approval of joint commissioner is of opinion that it is not practically possible to apply rule 3 to 7.

 Value of any one house (can apply different house in next year) exclusively used by assessee for residential purposes during p.y may at assessee option taken to be: a)value as per rule 3 to 7 OR b)value as per rule 3 to 7 as on valuation date next following the date assessee became owner (date of construction completed if constructed house) or value as on 31/03/1971 which ever later.

 A) Value of assets(Sec.2(ea)) as in balance sheet.  B) Schedule III Value  If Value as per B above exceeds value as per A above by >20% of value as per A then take value as per B. otherwise value as per A.

 A) Determine net wealth of firm/AOP/BOI as if it were an assessee as per rule 14 without exemption u/s 5.  B) The portion of ‘A’ above, upto capital of the firm/AOP/BOI should be allocated to partners/members in capital contribution ratio.  C) Balance of ‘A’ should be allocated in dissolution ratio. If dissolution ratio not available then in profit sharing ratio. Note: If partner or member is minor distribute his share also. After that, this minor share will be clubbed accordingly in his/her parents wealth as per clubbing rules discussed earlier

 If net wealth of firm includes sec.5 exempt asset, then the exemption in respect of such asset shall be available to member/partner in dissolution ratio and in absence of dissolution ratio, in profit sharing ratio.  If firm has assets located outside India but partner is non resident or not ordinary resident or non citizen then following shall not be included in partners net wealth:- Such partner share as per 15 & 16 X (Assets located outside India- Debts in respect of such assets) / Net wealth of Firm.

 Valuation at price, it will fetch if sold in Open Market as on valuation date.  Return should support a statement in O-8A form if valuation not more than 5 lacs, otherwise Report in O-8 from registered valuer for one year and for next 4 subsequent A.Y new report not required but same report shall be adopted even if value of jewellery > 5 Lacs. Only Adjustment of Market value of gold etc. or Adjustment of acquisition or sale of jewellery required.  A.O can make reference to Valuation officer u/s 16A in respect of subsequent 4 A.Y

 Procedure of Assessment under wealth tax is almost similar to Income Tax Act.  Return below specified exemption limit i.e 30 Lacs deemed never furnished.  No Advance Tax and Education cess in wealth Tax.  Wealth R/off to nearest 100 Rs.  Tax liabilities of deceased can be recovered form legal representative upto estate inherited. However, no penalty can be levied on legal heir

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 An assessee has an ancestral property (residential house) which is located in a village beyond 30kms from the Municipality limits.  The value of the property as per Sch III is Rs 40 lacs.  Is the property assessable to wealth tax

 A firm of chartered accountants, operates out of an apartment owned by one of its partners.  The value of the property is Rs 60 lacs.  The partner claims the property is being used for profession hence it is not an asset for wealth tax purposes.

 An employer has an employee scheme whereby the employee would pay 20% of the cost of a car and pay the balance with an interest of 3% over five years.  The car would be used by the employee however it would be owned by the employer till the repayment of loan is complete.  In whose hands is the car assessable to tax?

 An assessee has 2 acres of land at Chennai which is classified as “agricultural land” by the local authorities.  The assessee claims that the property is not assessable to wealth tax as it is agricultural land. Discuss.

 An assessee purchased a piece of land on 1 st of Jan 2009 and started construction on the property on 10 th of February  The property was complete on 15 th of July  Is this property a taxable asset for the previous year ?

 Kingfisher Airlines is into operating commercial aircrafts within and outside India. During the year the company acquired an aircraft for the exclusive use of its Chairman Mr Vijay Mallya for Rs 150 crores. Is this asset a taxable asset for wealth tax purposes?

 An assessee gifted a sum of Rs 10 lacs to his spouse.  His spouse invested the amount towards purchase of shares (Rs 4 lacs) and purchase of an urban plot (Rs 6 lacs). The values of the assets as on the valuation date were Rs 8 lacs and 16 lacs respectively.  Determine the amounts to be clubbed.

 An assessee gifted shares of HLL to his spouse.  She sold these shares in the market for Rs 20 lacs and invested in a house property.  The value of the house property on valuation date is Rs 35 lacs. Discuss.

 An assessee gifted a property to his fiancé on 1 st of December  They both got married on 28 th February The value of the property on 31 st of March was Rs 35 lacs. Discuss.

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Exemption u/s 5(v) is available provided:  Assessee is an individual  Assessee is a citizen of India or a PIO  Assessee was ordinarily residing in a foreign country  Assessee has returned to India with an intention to permanently reside in India

 The term “ordinarily residing” has not been defined  Madras High Court in the case of Periannan vs CWT has enunciated that: ◦ Ordinarily residing refers to residence of long duration outside India ◦ A person for whom India is a permanent residence cannot claim exemption under this section merely by travelling abroad and residing abroad for a period of one year and thereafter returning to his own country

 Money  Value of assets brought into India  Value of assets acquired out of such money: ◦ Within one year prior to the date of return ◦ Any time after the date of return Period of Exemption: - 7 years including the year of return.

 An assessee being an Indian citizen returned from Dubai after having served there for almost 25 years during the previous year.  He bought 10 kgs of gold and a Rolls royce car (estimated at Rs 1 crore) along with him.  Immediately on landing, he sold the gold in the open market for a consideration of Rs 10 lacs per kg and invested the consideration towards acquiring a piece of land in Chennai.  Fair market value of the land in Chennai on valuation date is Rs 1.3 crores.  Where an asset brought from outside India is subsequent sold for a consideration and such consideration is invested in an asset in India- exemption shall be available in respect of such converted as well – CWT vs K.O.Mathews Kerala High Court

 An assessee being an Indian citizen purchased an urban land for Rs 3 crores out of remittance from outside India on  He returned to India with an intention to permanently reside in India on  Discuss the taxability of the Urban Land. Issues for Consideration:  Is the asset eligible for exemption u/s 5(v)  For the previous year is the assessee eligible for exemption

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 No specific rules prescribed for valuation of land  Guideline value may not be real indicator of the market value of the property  Valuation of Property with huge vacant land (rule 20)  Valuation of property under construction (Karnataka jurisdiction)  Cost of valuation

 Cars shown in the balance sheet are generally valued on the basis of book value  Cars held by individuals not claiming depreciation: ◦ Consider the estimated book value of the car assuming depreciation was being claimed ◦ Consider the insured value.

 Fair market value and realisation value could be atleast 20% different  Where there is exchange of jewellery / significant addition/deletion of jewellery it makes it imperative for another valuation certificate  Cost of valuation (also refer notification no 15/2009 dated 30/01/2009)

Note:  Minimum fees payable per valuation shall be Rs 500  Where two or more assets are required to be valued all such assets shall be deemed to constitute, a single asset for the purposes of calculating the fees payable. SituationMaximum fees payable On first Rs 5 lacs of value0.50% On the next Rs 10 lacs of value0.20% On the next Rs 40 lacs of value0.10% On the balance value0.05%

To be discussed on the floor

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 Wealth tax returns to be filed in Form BA  Due date for filing is similar to 139(1) due date  Delay is furnishing returns shall attract penal 1% p.m – Sec 17B (similar to 234A)  Wealth tax is payable on before the due date of filing  Belated Return can be filed within one year from the end of the relevant assessment year.

SectionNature of DefaultMinimum Penalty Maximum Penalty INTEREST 17BNon filing of returns within due 1% for every month or part thereof 31(2)Non payment of amount specified in notice u/s 30 within 30 days 1% for every month or part thereof PENALTIES 15B(3)Non payment of Self Assessment Tax or interest Discretion of AO 100% of Tax in arrears 18(1)(ii)Non compliance of notice without reasonable cause Rs 1000 for each failure Rs for each failure 18(1)(iii)Concealment of Wealth100% of Tax sought to be avoided 500% of tax sought to be avoided 18A(1) (a),(b),(c) Failure to answer questions, sign statements without reasonable cause Rs 500 for each failure Rs for each failure 18A(2)Non furnishing in due time information required u/s 38 without reasonable cause Rs 100 for each day of default Rs 200 for each day of default

78 Presented By CA Swatantra Singh, B.Com, FCA, MBA CA Swatantra Singh, B.Com, FCA, MBA ID: ID: New Delhi, , New Delhi, ,

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