Taxmann's Taxation of Start-ups

Page 1


Start-up Reckoner 1 - Eligibility reckoner for tax holiday u/s 80-IAC I-27

Start-up Reckoner 2 - Turnover-limit linked compliances/ exemptions for a start-up which is private company I-54

Start-up Reckoner 3 - Turnover-limit linked compliances/ exemptions for start-up which is a limited liability partnership I-59

Start-up Reckoner 4 - Turnover-limit linked compliances/ exemptions for start-up which is a traditional/general partnership firm I-64

Start-up Reckoner 5 - Tax Benefits Available to DPIIT - Recognised Start-up Private Limited Companies based on their Turnover I-70

SOLE PROPRIETORSHIPS - WHETHER ELIGIBLE FOR DPIIT RECOGNITION

ENTITIES FORMED AS A RESULT OF AMALGAMATIONS/ MERGERS/DEMERGERS/ABSORPTION WHETHER ELIGIBLE FOR DPIIT RECOGNITION

ENTITIES FORMED AS A RESULT OF COMPROMISE/ ARRANGEMENT - WHETHER ELIGIBLE FOR DPIIT RECOGNITION

HOLDING & SUBSIDIARY COMPANIES - WHETHER ELIGIBLE FOR DPIIT RECOGNITION

JOINT VENTURES - WHETHER ELIGIBLE FOR DPIIT RECOGNITION

ENTITIES INCORPORATED OUTSIDE INDIA -

14

ENTITIES WITH FOREIGN SHAREHOLDING/STAKEWHETHER ELIGIBLE FOR DPIIT RECOGNITION

ENTITIES FORMED BY SPLITTING-UP/RECONSTRUCTION OF EXISTING BUSINESS - WHETHER ELIGIBLE FOR DPIIT RECOGNITION

16

ENTITIES INCORPORATED WITH COMMON DIRECTOR/DP/PARTNER - WHETHER ELIGIBLE FOR DPIIT RECOGNITION

PROCEDURE FOR DPIIT - RECOGNITION OF START-UP

18

NAME CHANGE BY DPIIT - RECOGNISED STARTUP ENTITY - WHETHER PERMITTED

CIN/LLPIN CHANGE BY DPIIT - RECOGNISED START-UP ENTITY - WHETHER PERMITTED

CONVERSION BY A DPIIT - RECOGNISED ENTITY

TAX EFFICACY OF DIFFERENT START-UP ENTITY FORMS - FIRMS, LLPs & PVT. COs.

24

TAX HOLIDAY TO START-UPS UNDER SECTION 80-IAC

DEFERRING TDS OR TAX PAYMENT IN RESPECT OF ESOP INCOME OF EMPLOYEES OF ELIGIBLE START-UPS

APPENDICES

NEW DEFINITION OF ‘START-UPS’ 565

REPEALED DEFINITIONS OF ‘START-UP’ 572

RELEVANT SECTIONS OF INCOME-TAX ACT, 1961 583

RELEVANT RULES OF INCOME-TAX RULES, 1962 608

NOTIFIED CLASS OF PERSONS UNDER CLAUSE (ii) OF PROVISO TO SECTION 56(2)(viib) 617

SECTION 56(2)(viib) OF THE INCOME-TAX ACT, 1961 - INCOME FROM OTHER SOURCESCHARGEABLE AS - STARTUPS - CONSOLIDATED CIRCULAR FOR ASSESSMENT OF START UPS 619

SCHEME FOR FACILITATING START-UPS INTELLECTUAL PROPERTY PROTECTION (SIPP) 621

NEW MSME NOTIFICATION (NMN) 625

GUIDELINES FOR RECOGNITION OF START-UPS 630

WHAT

IS THE CRITERIA FOR RECOGNITION OF START-UPS

BY DPIIT

3.1 WHAT CRITERIA MUST BE MET BY START-UP TO OBTAIN DPIIT RECOGNITION AND TO OBTAIN VARIOUS INCOMETAX BENEFITS?

a Para 3.2; Chapters 4 to 6

b Para 3.3; Chapters 7 to 16

c Chapter 17

d

Chapter 22

3.2

See Appendix 2

See Appendix 2

See Appendix 2 i.e.

See Appendix 1

see para 3.3

3.2

WHAT IS THE DEFINITION OF

‘START-UP’

IN THE LSN

See Chapter 4 & Chapter 5 -

See Chapter 6 -

See Chapter 15

See Chapter 21

3.2

See Chapter 21

See Chapter 21

See para 3.3; See Chapters 7 16

Startup India website clarifies as under: -

Company Age:

Company Type:

Annual Turnover:`

Original Entity:

Innovative & Scalable:

See Para 3.4 i.e.

See Chapter 4 Chapter 5] ORSee Chapter 6

See Chapter 15

Chapter 21

Chapter 21 -

21

3.3 WHAT ARE THE REVISED GUIDELINES AS TO RECOGNITION OF START-UP?

1. Merger/Demerger/Acquisition/Amalgamation/Absorption: i. ii.See Chapter 9

2. Compromise/Arrangement: See Chapter 10

3. Conversion: See Chapter 20

4. Holding including foreign holding, Subsidiary including foreign subsidiary, Joint Ventures, entities incorporated outside territory Indian Territory:

i.

See Chapter 11

ii. See Chapter 12

iii.See Chapter 13

iv.See Chapter 13

5. Name Change: See Chapter 18

6. CIN/LLPIN Change:

See Chapter 19

7. Incorporating additional entities: See Chapter 15

8. Common directorship/partnership: See Chapter 16

9. Regulatory Areas:

3.4

10. Sole Proprietorship:

See Chapter 8

3.4 WHETHER AN ENTITY INCORPORATED OUTSIDE INDIA IS ELIGIBLE FOR DPIIT RECOGNITION AS A START-UP?

TAXATION OF START-UPS

AUTHOR : TAXMANN'S

PUBLISHER : TAXMANN

DATE OF PUBLICATION : AUGUST 2024

EDITION : 7TH EDITION

ISBN NO : 9789364557818

NO. OF PAGES : 708

BINDING TYPE : Paperback

DESCRIPTION

Rs. 1,850

This book is a practical guide to start-up taxation in India, covering key areas like the tax holiday under Section 80-IAC, Angel Tax exemptions, revised valuation norms, and the steps for securing DPIIT recognition and IMB certification. It includes comparative analyses of start-up entity forms—LLPs, private limited companies, and OPCs—and provides handy reckoners for compliance based on turnover milestones.

The Present Publication is the 7th Edition and has been amended by the Finance (No. 2) Act, 2024. This book is authored by Taxmann's Editorial Board with the following noteworthy features:

• [Comprehensive Coverage] Covers tax holidays, Angel Tax exemptions, and revised valuation norms

• [DPIIT and IMB Processes] Detailed steps for recognition and certification, including eligibility and evaluation criteria

• [Entity Form Analysis] Compares the tax efficiency of various start-up structures like LLPs, private limited companies, and OPCs

• [Compliance Tools] Provides ready reckoners on compliance linked to turnover milestones

• [Latest Amendments] Analyses changes from the Finance (No. 2) Act, 2024, including the abolition of the Angel Tax

• [Practical Insights] Real-world case studies, FAQs, and structured content make complex topics accessible

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