Income Tax Guidelines FY 2012-13 (AY 2013-14)

Income Tax guidelines–Financial Year 2012 - 13

Assessment Year 2013 - 14

General Notes

1.      Please read the instructions before filling the form.

2.      The form needs to be filled in all aspects.

3.      All investment proofs should be made during the financial year Apr 2012 to Mar 2013.

4.      In case the investment is made in any other name other than you, you need indicate your Relationship.

5.      For claiming rebate under section 80DD, 80DDB and 80U, please furnish a certificate by an authorized person in the prescribed form as defined by income tax act.

6.      Mid Year joiners are required to furnish their previous income details in Form 12B along with the salary certificate (stamped and signed by the employer) i.e. Form 16 & Income Tax computation for calculating the correct tax liability for the current year.

7.      In case of any income, other than salary please fill & sign Form 12 C for the same & submit along with the Investment proofs.

8.      Employee will be the held responsible for any Income tax liability to the company arising out of wrong declaration, suppression of facts by employee, false or forged documentation.

Rates of Income-tax

Tax computation is done on the Income accrued in the financial year (April to March). Tax rates are subject to revision in the Annual Union Budget.

For any resident (who is below 60 years on the last day of the previous year, i.e., born on or before April 1,1953) and For a resident Senior Citizen (who is 60 years or more at any time during the previous year but not more than 80 years on the last day of the previous year, i.e., born during 1 April, 1933 and 31 March, 1952)
Income Tax Slab (in Rs.)	Tax Rate
0 to 2,00,000	No Tax
2,00,001 to 5,00,000	10%
5,00,001 to 10,00,000	20%
Above 10,00,000	30%
For a resident Senior Citizen (who is 80 years or more at any time during the previous year i.e., born before 1 April, 1933)
0 to 5,00,000	No Tax
5,00,001 to 10,00,000	20%
Above 10,00,000	30%

 Education cess of 2% & 1% Higher Education Cess is levied on tax.

Permanent Account Number (PAN)

PAN is mandatory for all persons who fall under tax bracket and filing IT return. In case PAN is not produced the tax will be deducted at the maximum rate of 30% on the salary plus applicable cess on the Tax.

Tax on Allowances

House Rent Allowance

Taxability: Subject to submission of Rental Agreement, Monthly Rent Receipts and PAN of the landlord in case the rent paid is more than Rs. 15,000 per month or Rs. 180,000 per year.

For Tax Calculation, least of the following is tax exempt

- Actual HRA Received

- Actual Rent paid over 10% of Basic salary

- 50% or  40% of Basic salary based on city of residence (Metro/Non Metro)

For claiming benefit under HRA, employee needs to submit original Rent Receipt of every quarter.

Please fill complete details on the rent receipts attached.

Photocopy of Rent receipts are not allowed.

Also please note rent agreement alone does not constitute proof of payment of rent.

Company Leased Accommodation

Taxability: 15% of taxable salary or actual rent of the house, whichever is less.

Medical (Domiciliary)

Reimbursement on actual medical expenses by the employer towards the amount spent by the employee in obtaining medical treatment for himself or any member of his family, not exceeding in the aggregate to Rs. 15000 in a year, is exempted from tax. 

Leave Travel Allowance (LTA)-Domestic

Amount Exempted

Journey performed by Air - Economy Air fare of National carrier by the shortest route or the amount spent whichever is less will be exempt

Journey performed by Rail – A.C. first class rail fare by shortest route or amount spent whichever is less will be exempt.

Place of origin and destination place of journey connected by rail but journey performed by other mode of transport - A.C. first class rail fare by shortest route or amount spent whichever is less.

Place of origin& destination not connected by rail (partly/fully) but connected by other recognised Public transport system - First class or deluxe class fare by shortest route or amount spent whichever is less.

Place of origin& destination not connected by rail (partly/fully) and not connected by other recognised Public transport system also – AC first class rail fare by shortest route (as the journey had been performed by rail) or the amount actually spent, whichever is less.

Other Points to be noted:

1.      LTA is exempted only if you have applied for leave from your company and have actually travelled. However, international travel is not valid. You must have travelled within the country.

2.      LTA covers travel for yourself and your family. Family, in this case, includes yourself, parents, siblings dependent on you, spouse (even if your spouse is working) and children.

3.      For children born after October 1, 1998, the exemption is restricted to only two surviving children (unless, of course, one birth has resulted in multiple children like twins and triplets).

4.      If your family travels without you, no LTA can be claimed. You have to make the trip, either by yourself or, if claiming for your family, you should travel with them.

5.      LTA is not related to when you started your employment. The government fixes blocks of years. These blocks are not financial years (April 1 to March 31); they are calendar years (January 1 to December 31).

6.      LTA is exempted for two claims in a block of four calendar years commencing from 1986. The current block is January 2010 to December 2013.

7.      Though you can claim two journeys in a block of four years, you can claim the LTA benefit just once in a year. You cannot claim both the journeys in one year. So, while a person can get an income tax exemption for two journeys in a block of four calendar years, he can make a trip only once a year. If you make two trips in a year, you lose one.

8.      You must take the shortest route to your destination to be eligible for LTA.

Let's say you are going from Delhi to Mumbai on a holiday. So the cost of your travel from Delhi to Mumbai and Mumbai to Delhi will be eligible for LTA.

If you decide to go to Mumbai via Agra, Jhansi and Itarsi, your LTA from Delhi to Agra will be covered. But Agra to Mumbai will not be covered.

Let's take another scenario. You traveled from Mumbai -- Kerala -- Delhi -- Mumbai.

If you take a direct connection, you will be eligible for LTA. Mumbai -- Kerala -- Delhi -- Mumbai: LTA covered

But if you throw in Hyderabad, then it goes out of gear.

Mumbai – Thiruvananthapuram : LTA covered

Thiruvananthapuram -  Hyderabad -  Delhi : LTA not covered

Delhi – Mumbai : LTA covered

9.      If your LTA is not utilised, it gets added to your salary and you will be taxed on it.

Conveyance Allowance

Non-taxable up to a maximum of Rs. 800 per month.

Retrials

Provident Fund

Employer’s contribution is exempt from tax up to 12 %. & Employees contribution 12% rebate can be availed under Sec 80C (Inclusive of Rs.1,00,000 Limit)

Investment / Items eligible for Deductions under 80 C 

(Maximum eligible amount is Rs. 100,000)

1.      Reduction in limit of Life Insurance Premium – Sections 10(10D) and 80C. Presently, any sum received under a life insurance policy, including bonus, but excluding amount received under Keyman insurance policy, is exempt, provided the premium amount does not exceed 20 per cent of the actual capital sum assured in any year during the policy period. Now, this limit is reduced to 10 per cent in case of an insurance policy issued on or after 1st April, 2012. Similar amendment has been made under section 80C, whereby it is provided that deduction in respect of life insurance premium, etc. in case of insurance policies issued on or after 1st April, 2012 shall be available only to the extent of 10 per cent of the actual capital sum assured. ‘Actual capital sum assured’ is also defined to mean the minimum amount assured under the policy on happening of the insured event at any time during the term of the policy, and excluding the value of any premiums agreed to be returned and benefit of bonus or otherwise over and above the sum actually assured. This is done to ensure that life insurance products are not designed to circumvent the prescribed limit by varying the capital sum assured from year to year.

2.      Deferred annuity contract payments of self, spouse and children. Receipt issued by the insurance company is required for giving the benefit. In case if the premium will be due in the month of Feb 2013 & Mar 2013, please submit the last year receipts with the declaration.

3.      Contribution made by employees towards recognised PF + VPF. No. proof required for the same. This will be taken from the salary details.

4.      Contribution made towards the Public Provident Fund. Photocopy of Stamped challan or PPF passbook is required to give the benefit of the same.

5.      Subscription of any security specified by the Government. Photocopy of the same has been required. Receipts/Statement is required for giving the benefit of the same.

6.      Sum paid as subscription to NSC VI and VII issues. Photocopies of the NSC are required for the same.

7.      Interest accrued is treated as amount reinvested. However, the Interest income on NSC is taxable. Photocopy of all the certificates for which interest is being claimed required to be submitted.

8.      Contribution towards Unit Linked Insurance Plan of UTI of self, spouse and children. Receipts/Statement is required for giving the benefit of the same.

9.      Contribution to notified Equity Linked Saving Schemes of a Mutual Fund/ UTI (Lock in period is 3 years). Receipts/Statement is required for giving the benefit of the same.

10.  Sum deposited in a 10-year/ 15-year account under the Post Office Savings Bank (CTD) Rules, 1959. Receipts/Statement is required for giving the benefit of the same.

11.  Housing Principal, registration/Stamp duty .Provisional certificate from the financial Institution/Bank required. For stamp duty & Registration, Photocopy of sale deed and Stamp Duty paid receipt is required for the same.

12.  Subscription of deposit scheme of National Housing Bank

13.  Subscription of any deposit scheme of Public Sector Company engaged in providing housing finance for construction or purchase of houses.

14.  Tuition fees for full time education of self, spouse and children of the assessee (Any Recognised Institute)

15.  Fixed Deposit : The Fixed Deposit made for 5 or more years are eligible for deduction under 80C. The copy of the Fixed Deposit Receipts with remarks stating “Rebate u/s 80C” need to be submitted.

16.  Contribution to a Pension Fund. Receipts/Statement is required for giving the benefit of the same.

17.  5 years Term deposit with a scheduled bank. Photocopy of the receipt/certificate issued by the scheduled bank.

18.  Post Office Time Deposit Account

19.  Principle repayment of Housing Loan – Copy of the annual certificate from the bank needs to be submitted.

Medical Insurance u/s 80D

Premium Paid on Medical policy of self, spouse, children is exempt up to Rs.15,000 and an additional benefit of Rs.15,000 in case of dependent parents below 65 years and Rs 20,000 in case of dependent parents above 65 years (Senior Citizen).

Expenses incurred on Health check up for self, spouse, dependent children / parents are exempted with in the overall limit, not exceeding the aggregate limit of Rs. 5000

In case if the premium will be due in the month of Feb 2013 & March 2013, you need to submit the last year receipts with the declaration. Late payment Charges and service tax will not qualify for the benefit.

Deduction in age limit of Senior Citizen –Sections 80D and 80DDB With effect from A.Y. 2012-13, the qualifying age of senior citizen, being a resident individual, was reduced from 65 years to 60 years, only for the purposes of threshold exemption. Now, a similar amendment has been made under section 80D in respect of higher deduction of mediclaim of ` 20,000 where the premium is paid on health of senior citizen, and in section 80DDB in respect of higher deduction of ` 60,000 on amount spent on medical treatment of a 8 specified disease, etc. of a senior citizen, making the effective age of senior citizen uniform across all the provisions of the Income-tax Act, w.e.f. A.Y. 2013-14.

Medical treatment of handicapped dependent with disability u/s 80DD

Expenditure incurred on medical treatment and maintenance of spouse, children, parents, brothers and sisters of the individual is deductible up to a fixed amount of Rs. 50,000. For person with severe disability over specified 80 % the limit is Rs. 100,000.Please submit the photocopy of certificate issued by the competent medical authority in a Government Hospital with the form 10i and detail of amount spent on treatment or training.

Medical treatment of dependent u/s 80DDB 

Expenditure incurred on medical treatment (specified disease or ailment as prescribed by the board) of self, spouse, children, parents, brothers and sisters is deductible up to Rs. 40,000 and for senior citizen the limit is Rs. 60,000. Please submit the photocopy of certificate issued by the competent medical authority with form 10i

Person with Disability u/s 80U

An individual suffering from not less than 40% of disability can claim fixed deduction of Rs. 50,000 - Rs. 100,000 for persons with severe disability of over 80%. A certificate from specified medical authority has to be given to claim the benefit with form 10i

Interest on Education Loan u/s 80E

Interest on a loan taken by the assessee for self, spouse or children’s full time Graduate/ Post Graduate education is exempted. Benefit is available for a period of seven years after the first year of payment of Interest. Loan should be taken from any financial institution / approved charitable institutions. To claim the deduction u/s 80E, employee will be required to provide a certificate from the lender for payment of interest paid by him and a copy of course being pursued / completed.  From F.Y. 2005-06 only interest part will be eligible for deduction and no deduction is available for principal repayment.

Interest on Savings Account - 80TTA

1.      Interest on Savings Bank Account is exempted up to Rs. 10,000 per year

2.      The savings account may be with any of the following three

a.       Any bank of banking company

b.      Co-operative society which is in the business of banking

c.       Post Office

The copy of the bank statement and the interest certificate from the bank need to be submitted

Exemptions under Section 80G

Payment above INR 10,000 – Sections 80G and 80GGA Presently, deduction in respect of donations to charitable trusts is available under section 80G in respect of any donation being a sum of money. Similarly, under section 80GGA deduction is available in respect of donation for scientific research, rural development, etc. Currently there is no restriction for mode of payment for eligibility of deduction, which can be paid in cash also. Now it is provided that any such payment exceeding `

10,000 shall only be allowed as deduction if such sum is paid in any mode other than cash.

Tax benefit on Housing Loan

 Interest on housing loan paid for self-occupied property will be considered as deduction from taxable income subject to below mentioned limits.

Deduction Limits:

·         where the loan is taken on or after April 1, 1999-Rs 150,000/-

·         where loan is taken earlier - Rs 30,000/-

        

Benefit of interest on loan taken to construct /purchase of house can only be given in case where the possession/construction of the house property is completed. Employee has to submit the Form 12C alongwith Possession Proof and Loan Repayment Certificate. Further the employee who is claiming the benefit for HRA rebate for having the rented property in the same city, cannot be given both the benefits except where his/ herself property is located at a place other than the place where he is supposed to perform his/ her duty.

      

Also any interest paid in pre-construction or pre-acquisition period, will be allowed as deduction in five equal instalments and first such instalment is deductible in the year in which construction of the house is completed or possession of house is taken.

Let out Property (Loss or Income) :

The total amount of interest on borrowed capital, paid during the year is exempted in case of the let out property.

House property should be in the name of the employee

Provide the Calculation of Income from a Let-Out property with Form 12C

If you have a multiple let out property then provide a single consolidated calculation of the let out properties in form 12C.

Provisional certificate pertaining to current financial year (Apr ’12 – Mar ’13) with breakup of interest and principle from the Housing Finance Company / Bank.

In case of Joint loan, declaration on a stamp paper specifying the % of benefit claimed by each individual

Form 12 C with Computation of Loss / Income as per rule is mandatory.

The above content is courtsey: Mr.K.Valavan of NMA Consultants Chennai