Skip to content Skip to left sidebar Skip to right sidebar Skip to footer

Tag: Heads of income

Income tax overview

The term “tax” originates from the Latin word “taxo,” which means “to estimate.” To levy a tax is to impose a financial obligation or levy on a taxpayer, whether an individual or a legal entity, by a governing authority such as a state or its equivalent administrative body.

According to Prof Seligman – A tax is compulsory contribution from the person to the government to defray the expense incurred in the common interest of all without reference to special benefits conferred.
According to Bastable – A tax as a compulsory contribution of the wealth of a person, or body of persons for the service of public powers.

kinds of taxes:

Direct taxes are those taxes that are directly levied on individuals or entities based on their income, wealth, or other financial transactions. The burden of direct taxes cannot be shifted to someone else. Examples include Income Tax, where individuals or businesses are taxed based on their income, and Wealth Tax, which is levied on the net wealth of individuals or entities.

Indirect Taxes, on the other hand, are imposed on the price of goods or services rather than directly on individuals or entities. The person who pays the indirect tax can shift the burden of the tax onto another person, typically the consumer. Examples of indirect taxes include Goods and Services Tax (GST), which is levied on the sale of goods and services at each stage of production and distribution, and Customs Duty, which is a tax imposed on goods imported into a country.

Merits of Direct Tax

  1. Equity: Direct taxes exhibit equity of sacrifice as they are based on the principle of progressivity, meaning that tax rates increase as the level of income rises. This ensures that individuals with higher incomes contribute a larger proportion of their earnings towards taxes, thus reducing income inequality to some extent.
  2. Elasticity and Productivity: Direct taxes demonstrate elasticity as the government can adjust tax rates or impose new taxes in times of emergency, such as natural disasters or economic crises, to generate revenue quickly. This flexibility allows the government to respond effectively to unforeseen circumstances.
  3. Certainty: Direct taxes offer certainty for both taxpayers and the government. Taxpayers are aware of the amount of tax they are required to pay, as well as the time, manner, and consequences of non-payment. Similarly, the government can accurately predict the revenue it will receive from direct taxes, facilitating effective budget planning and resource allocation.
  4. Reduce Inequality: Direct taxes contribute to reducing income inequality by following progressive principles. By imposing higher tax rates on individuals with higher incomes and lower rates on those with lower incomes, direct taxes help redistribute wealth and promote a more equitable distribution of resources within society.
  5. Effective Tool Against Inflation: Direct taxes can be utilized as a fiscal instrument to combat inflation. By adjusting tax rates or introducing new taxes, the government can absorb excess money in the economy, thereby helping to stabilize prices and control inflationary pressures.
  6. Simplicity: Direct taxes are generally considered to be simpler than indirect taxes in terms of levy rules, procedures, and regulations. The income tax system, for example, often has clear and straightforward guidelines for taxpayers to follow, which can help reduce compliance costs and administrative burden.

Demerits of Direct Taxes

  1. Evasion: Direct taxes, being levied on income, can sometimes lead to tax evasion as taxpayers may attempt to underreport their income or engage in other forms of non-compliance to reduce their tax liability. This evasion can be more prevalent due to the relatively larger sums involved compared to indirect taxes.
  2. Uneconomical Collection: Direct taxes often require a widespread administrative infrastructure for collection, leading to higher administrative expenses. This can be attributed to the need for a larger staff and more resources to administer and enforce compliance with direct tax laws.
  3. Unpopularity: Direct taxes are typically paid in lump sums, which can be perceived as burdensome by taxpayers. This lump-sum payment can lead to discontent among taxpayers, making direct taxes less popular compared to taxes that are paid in smaller, more frequent installments.
  4. Reduced Incentive to Work and Save: The progressive nature of direct taxes, where higher earners are taxed at higher rates, can create disincentives for individuals to work hard and save money. As individuals reach higher income brackets, they may feel that the marginal benefit of their additional earnings is diminished due to higher tax rates.
  5. Suitability for Poor Countries: Direct taxes may not be sufficient to meet the revenue needs of a poor country, particularly if a significant portion of the population earns low incomes or operates in the informal economy where income is difficult to tax effectively.
  6. Arbitrariness: The degree of progression in direct taxation, i.e., how tax rates increase with income, may lack a clear logical or scientific basis. This perceived arbitrariness can lead to dissatisfaction among taxpayers and uncertainty regarding the fairness of the tax system.

Merits of Indirect Taxes

  1. High Revenue Production: Indirect taxes are imposed on a wide range of goods and services, including both essential items and luxury goods. This broad coverage allows governments to collect significant revenue since these goods are consumed by a large portion of the population, regardless of their income level.
  2. No Evasion: Because indirect taxes are embedded in the price of goods and services, it can be difficult for individuals or businesses to evade or avoid paying them. This inherent inclusion in the price helps ensure a more consistent collection of taxes.
  3. Convenience: Indirect taxes are often small amounts that are integrated into the price of goods and services. Since they are not directly visible to consumers as separate payments, the burden of these taxes may not be felt as acutely by taxpayers compared to lump-sum direct taxes.
  4. Economic Collection: Indirect taxes are generally more cost-effective to collect compared to direct taxes. The administrative costs associated with collecting indirect taxes are often lower, and the procedures for collection are typically simpler, contributing to overall efficiency in tax administration.
  5. Wide Coverage: Indirect taxes can be applied to a broad range of commodities, including essential goods, luxury items, and even harmful products like tobacco or alcohol. This wide coverage ensures that a diverse array of economic activities contributes to government revenue.
  6. Elasticity: The scope for modifying indirect taxes is quite extensive due to the broad range of goods and services covered. Governments can adjust tax rates and apply taxes selectively based on the nature of goods, consumer demand, and economic conditions, providing flexibility in revenue management and economic policy.

Demerits of Indirect Taxes

  1. Regressive in Effect: Indirect taxes tend to have a regressive effect as they are applied uniformly to essential commodities that are consumed by individuals across all income levels. This means that lower-income individuals end up spending a larger proportion of their income on these taxed essentials, compared to higher-income individuals. As a result, the tax burden disproportionately impacts those with lower incomes.
  2. Uncertainty in Collection: Indirect taxes are collected when individuals spend their income on goods and services, making it challenging for tax authorities to accurately estimate total tax revenue from various indirect taxes. This uncertainty in collection can pose challenges for budget planning and revenue forecasting.
  3. Discouragement of Savings and Increased Inflation: Indirect taxes, being embedded in the prices of goods and services, lead to higher costs for essential commodities. This can reduce individuals’ ability to save money, as more of their income is spent on taxed goods. Additionally, the increased costs of production due to indirect taxes can contribute to inflationary pressures, as producers may pass on these higher costs to consumers in the form of higher prices.
  4. Inflationary Pressure: Indirect taxes can lead to an increase in production costs, as taxes on inputs and outputs raise the overall cost of production for businesses. This increase in production costs may result in higher prices for goods and services, which can contribute to inflation. Additionally, higher prices may lead to demands for increased wages by workers to maintain their purchasing power, further contributing to inflationary pressures in the economy.

Heads of Income:

Heads of Income: Income under the Income Tax Act is categorized into various heads to determine the applicable tax treatment. In India, there are five heads of income.

  1. Income from Salary: This includes any remuneration received by an individual for services rendered under an employer-employee relationship. It encompasses wages, bonuses, commissions, perquisites, and other benefits received by an employee.
  2. Income from House Property: This head includes rental income derived from owning property, such as houses, buildings, land, or any rights in or over such property. The taxable income is computed after deducting permissible expenses like property taxes, municipal taxes, and standard deductions.
  3. Profits and Gains of Business or Profession: This head covers income generated from carrying on a business or profession. It includes profits from trading, manufacturing, rendering services, or any commercial activity. The taxable income is computed after deducting allowable business expenses.
  4. Income from Capital Gains: Capital gains arise when a capital asset (like stocks, bonds, real estate) is sold at a profit. The Income Tax Act differentiates between short-term and long-term capital gains based on the holding period of the asset. Various exemptions and deductions may apply to reduce the taxable portion of capital gains.
  5. Income from Other Sources: This head encompasses income that doesn’t fall under the other four heads. It includes interest income, dividend income, winnings from lotteries or gambling, gifts exceeding specified limits, etc. The taxable income is computed after deducting certain expenses and exemptions.

Each head of income has its own set of rules, exemptions, deductions, and tax rates specified under the Income Tax Act. Taxpayers are required to compute their total income by aggregating income from all heads and apply relevant provisions to calculate the tax liability.

Heads of Income under Taxation

As per Section 14 of the Income Tax Act, for the purpose of charging of tax and computation of total income, all incomes are classified under the following 5 Heads of Income:-

  1. Salaries
  2. House Property
  3. Profits and Gains of Business or Profession
  4. Capital Gains
  5. Other Sources

1. Income from Salaries

An Income can be taxed under head Salaries if there is a relationship of an employer and employee between the payer and the payee. If this relationship does not exist, then the income would not be deemed to be income from salary.

If there is no element of employer-employee relationship, the income shall be not assessable under this head of income.

Illustration: Mrs. Angelina works in SGP Company Ltd. Owned by her Uncle. Despite being a close relation, she is getting paid 50,000 as a monthly salary. Here, her monthly earnings are chargeable under income from the salary head since she has an employer-employee relationship with her Uncle.

As per Section 15(a) of the Income Tax Act, any salary from the employer or former employer to the assessee (previous year) is taxable under this head regardless of the fact that it has been paid or not.

According to the Indian taxation Law, an employer could be remunerated by the mean of the following terminologies,

  • Fees
  • Basic Wages
  • Advance salary
  • Allowances
  • Pension
  • Gratuity
  • retirement benefits and
  • Annual bonus as well.

2. Income from House Property

Sections 22 to 27 of the Act of 1961 elucidate the computation of the total income from the properties inclusive of land and building, which the concerned person owns. The revenue under this head is chargeable only when the property has let out or rent i.e. only the rental income is taxable.

Section 22 of the Act provides that the annual value of property consisting of any buildings or lands appurtenant thereto of which the assessee is the owner, other than such portions of such property as he may occupy for the purposes of any business or profession carried on by him the profits of which are chargeable to income-tax, shall be chargeable to income-tax under the head “income from house property.

Hence, the chargeable cess could be levied on the gains from the building or the land appurtenant to the property comprises buildings rented for residential, businesses, professional, and entertainment purposes. In general, the income from the house property is calculated as, earning – expenditure = profit.

3. Profits and Gains from Business or Profession

Any income earned from any trade/commerce/manufacture/profession shall be chargeable under this head of income after deducting specified expenses.

The computation procedures of this head are explicated under Sections 28 to 44D of the Income Tax Act, 1961. But, it is quintessential to comprehend the meaning of the terms ‘businesses and ‘profession’ pursuant to the Act. The term business  is defined as an activity performed for the purpose of earning a profit, while Section 2(36) defines the latter as an occupation. Notwithstanding, both are similar in all respects that they are driven in pursuit of income/ profit.

Under this head, the following incomes are chargeable,

  • Benefit reaped from the business
  • Profit on the income by an organisation or as a result of being in a partnership,
  • Profit earned by the assessee
  • Cash received on export by the operation of the governmental scheme

4. Income from Capital Gains

Any profits or gains arising from the transfer of a capital asset effected in the financial year shall be chargeable to Income Tax under the head ‘Capital Gains’ and shall be deemed to be the income of the year in which the transfer took place unless such capital gain is exempt under  Section 54, 54B, 54D, 54EC, 54ED, 54F, 54G or 54GA.

  • LTCG- holding assets for more than 36 months and gaining profit by selling them.
  • STCG- holding assets for less than 36 months and deriving profit by selling the same.

5. Income from Other Sources

Any Income which is not chargeable to tax under the above mentioned 4 heads of income shall be chargeable under this head of income provided that income is not exempt from the computation of total income. Incomes, which are being left by the aforementioned clauses, can be charged under this head. Section 56 (2) of the Income Tax Act attributes the following types of income sources as ‘other income’,

  • Interest income from bank deposit
  • Dividend earnings
  • Gifts
  • Insurance policy
  • Income from the lottery, card games, gambling, and many more

The total income of an individual plays a pivotal role in income tax computation. That is why it is significant to figure out the underlying structure of income tax. The aforementioned is the brief outline of the existing five heads of income under the Income Tax Act, 1961.