India has witnessed a significant surge in entrepreneurial spirit in recent years, thanks in part to the government’s proactive approach in fostering innovation and business growth. To catalyze this movement, the government introduced the STARTUP INDIA initiative, aimed at providing a supportive ecosystem for startups. One of the crucial elements of this initiative is the array of tax benefits made available to startups, designed to propel their growth and promote innovation. This article outlines the tax benefits available to startups and how they can take advantage of these programs to enhance their growth.
Definition of Startup
To be entitled as a startup under the Startup India policy, a company must meet the following conditions:
– It must have started no earlier than 5 years since the initiative was launched.
– The annual sales of the enterprise should not exceed Rs. 25 crores.
– The company must be a leader in its field of expertise and must be focused on innovation.
– It should be a new enterprise and not formed by division or revival of an old enterprise.
Tax Benefits for Startup
The Startup Program helps entrepreneurs by providing them with a number of tax benefits, and those operating as a private limited company, limited liability partnership, or partnership may also qualify for additional benefits according to the tax scheme available to them.
1. First 3 Years: Startups can benefit from tax exemptions for the first three years, except for the Minimum Alternate Tax (MAT), which will follow 18.5% of the profit as stated in the books.
To be eligible, startups must be registered with the Department of Industrial Policy and Promotion (DIPP). This benefit helps new businesses balance their expenses and break even sooner, leading to higher profits later on.
2. Government Funds: The government also provides a fund with an initial corpus of Rs. 2500 crores and a final corpus of Rs. 10000 crores lasting four years to help startups. This comes under the Funds of Funds (FOF) benefit, which serves as a direct investment under the direction of SEBI and applies only to startups registered under DIPP.
Since the lack of funds is the most obvious problem that companies face at the beginning of their journey, such an advantage comes as something that many people accept and will serve as something that happens fast for the growth of this type of work.
3. Tax on Capital Gain- When corporations sell stocks, they earn profits known as capital gains, which are taxed accordingly. However, startups are eligible for a 20% exemption on their capital gains, resulting in a reduced tax rate on the profits generated from the sale of stocks, bonds, and shares used to raise funds.
4. Tax of Angel Investment- The security of investment is very important for entrepreneurs who start their own businesses. However, it can be a challenge for new businesses to gain the trust of investors, which makes it difficult to find entrepreneurs and investors willing to invest. To help entrepreneurs get the capital they need, the government has eliminated the investment tax. This means that the investments of angel investors are not paid, which can help entrepreneurs to get access to suitable capital. In addition, Section 56(2) (vii) (b) of the Income Tax Act allows investors to issue shares at a higher rate than the nominal value mentioned in the books, making it easier to raise money.
5. Tax Benefits of turning home into an office- Benefits for startups include exemption from property taxes and utility bills if they register their residential address as an office address.
6. Employee’s Health Insurance- Startup businesses can also claim deductions under Section 80G for health insurance contributions. When applying for health insurance, a deduction under Section 80G may be available. Contributions to specific emergency relief and charity groups are deductible under section 80G of the Income Tax Act. However, Section 80G does not allow a deduction for all donations. All contributions to specified funds are eligible for deduction. Every taxpayer can claim this deduction, including individuals, businesses, and firms.
7. Advantages of keeping all bills- If one keeps all the bills, invoices, and any kind of financial receipts, he can avail tax deductions and exemptions. This is proof to all investors that the start-up is operational.
8. Presumptive tax benefits- Benefit from presumptive tax deductions under sections 44AD, 44ADA, and 44AE. According to the Ministry of Income Tax, “To assist taxpayers in the difficult task of maintaining accounts and checking accounts, the Income Tax Act has introduced a system of assessment of Tax. Articles under section 44AD, section 44ADA, and section 44AE. section, you can find information about the various provisions of the tax system of section 44AD, section 44ADA, and section 44AE. Tax According to the Income Tax Law, a businessman or professional is required to keep regular financial records, in addition, he must audit his financial records. To give relief to small taxpayers from this difficult task, the Income Tax Act has introduced tax assessment procedures under sections 44AD, 44ADA, and 44AE. , in As a result, he will be freed from the arduous task of maintaining information and destroying his financial records.”
9. Long term Capital Gain Tax Benefits- According to the new Section 54EE inserted in the Income Tax Act, certain eligible startups will be exempted from paying tax on long-term capital income. However, in order to get this benefit, long-term funds or part of them must be deposited in the federal funds within six months of receipt. The maximum amount that can be saved in this way is Rs 50 lakh. In addition, the investment will remain in the fund for at least three years, and termination during this period will cancel the termination.
10. Exemption on Investment higher than the Fair market value- The Indian government has also exempted startups from paying taxes on investments higher than the fair market value. It may include family investment or any other angel investor. However, this does not include money from subscribers. Similarly, income from incubators in excess of fair market value is also exempt.
11. Exemption under Section 54GB- Long-term capital incomes on the disposal of residential house property will get an exemption if invested in a small or medium-sized enterprise. This can be availed through Section 54GB of the Micro, Small, and Medium Enterprises Act, 2006. The government has recently amended this section to extend the exemption on investment in startups.
So, if a HUF or any individual invests capital earned by purchasing 50% or more shares of a startup, it will exempt them from paying tax on long-term capital gain. However, to get the benefit, they should not sell or transfer these shares within 5 years of receiving them. Beginners can use this money to buy non-transferable assets for five years. Not only will this exemption encourage investment in small businesses, but it will help such businesses expand and grow.
12. Setting off Carry forward losses and gains- Eligible startups can also carry forward losses if all shareholders with voting power on the last day of the year hold their shares on the same day.
Overall, these tax benefits aim to encourage investment in small startups and help them expand and grow.
13. Section 80 IAC- Under section 80 IAC of the Income Tax Act 1961, a startup recognized by the Dept. of Industry Policy and Promotion can be exempted from tax for three years straight. This was announced in the 2023 budget on February 1st, 2023.
Conclusion
The Indian government recognizes that supporting entrepreneurs with their taxation-related woes is the best way to push innovation forward. All the provisions stated above help entrepreneurs avail tax benefits and gain funds, ultimately helping them establish self-sustainable companies.
*****
About the Author:
The author is Ruchika Bhagat, FCA helping foreign companies in setting up and closing businesses in India and complying with various tax laws applicable to foreign companies while establishing a business in India. Neeraj Bhagat & Co. Chartered Accountants is a well-established Chartered Accountancy firm founded in the year 1997 with its head office in New Delhi.
Author Bio
