Thursday, 19 December 2019

Overview of new Public Provident Fund (PPF) Scheme

The Public Provident Fund (PPF) is a tax-free investment avenues which are open to all individuals. The Government had brought the scheme to encourage the saving and investment habits among the individuals. Originally the scheme was notified vide GSR 1136, dated 15-06-1968 and many amendments have been carried since then in the scheme. Now, the Government has notified a new scheme vide G.S.R. 915(E), dated 12-12-2019.
Amount deposited in PPF accounts are eligible for tax deduction under Section 80C. Interest earned on deposits in the PPF account are tax free. This makes the PPF one of the most tax efficient investments in India. The key features of the new scheme have been enumerated below.
1. How to open a Public Provident Fund?
PPF accounts can be opened at any nationalised bank, authorised bank and post offices. The PPF account can be opened by submitting the Form 1 along with the relevant documents and minimum deposit.
2. Limit on the number of accounts
An individual can open only one account in his name under PPF scheme. Additionally, an individual can also open one PPF account each in the name of a minor or a person of unsound mind of whom he is the guardian (legal or natural). It shall be noted that only one account shall be opened in the name of any minor or person of unsound mind by any of his guardian. Joint accounts cannot be opened under this scheme.
3. Deposits in the scheme
  a) The account may be opened with an initial investment of Rs. 500 and in multiples of Rs. 50 thereafter;
  b) Minimum deposit to be made in the account during every financial year shall be Rs. 500 and in multiples of Rs. 50 thereafter; and
  c) Total amount deposited in an account shall not exceed Rs. 150,000 during a financial year. The limit shall include all the amounts deposited by the individual in his own account and in account opened on behalf of the minor.
If the depositor fails to deposit the minimum amount in the account in the following years, then such account shall be considered as discontinued. However, such account can be revived on payment of penalty of Rs. 50 for each year of default along with the minimum annual deposit in respect of years of default.
When a PPF account is considered as discontinued, the account holder shall not be eligible to open a new account before closure of such account after maturity. Further, the facility of loan and partial withdrawal shall not be available in this case.
Even if the discontinued account is not revived, the balance in such account shall continue to earn interest at the rate applicable to the scheme from time to time.
4. Interest on deposit
Interest on deposits made under this scheme shall be provided at the rate of 7.9% per annum. Interest shall be calculated for the calendar month on the lowest balance at the credit of an account between the close of fifth day and the last day of the month. The interest shall be credited to the account at the end of each financial year.
Applicable rate of interest in different periods
Sr. No.Relevant PeriodRate of Interest
   
1.April 1986 - January 200012.0%
2.January 2000 - February 200111.0%
3.March 2001 - February 20029.5%
4.March 2002 - February 20039.0%
5.March 2003 - November 20118.0%
6.December 2011 - March 20128.6%
7.April 2012 - March 20138.8%
8.April 2013 - March 20168.7%
9.April 2016 - September 20168.1%
10.October 2016 - March 20178.0%
11.April 2017 - June 20177.9%
12.July 2017 - December 20177.8%
13.January 2018 - March 20187.6%
14.April 2018 - September 20187.6%
15.October 2018 - March 20198.0%
16.April 2019 - June 20198.0%
17.July 2019 onwards7.9%
5. Withdrawal from PPF account
5.1 When amount can be withdrawn?
The amount from the PPF account can be withdrawn before maturity only after the expiry of 5 years from the end of the year in which the account was opened. If the account is opened on behalf of a minor or person of unsound mind, then withdrawal can be made at any time for their benefit provided they are alive.
5.2 Limit on amount to be withdrawn
The amount that can be withdrawn from the PPF account, shall be maximum of 50% of the amount standing in the credit of the account at the end of the fourth year immediately preceding the year of withdrawal or at the end of the preceding year, whichever is lower.
Where after maturity, the account has been extended with deposits, total withdrawal during the block period of 5 years shall not exceed 60% of the balance at credit at the commencement of the block period. Such withdrawal can be made either in a single or in yearly installments. If, however, the account holder opts to extend the account without any further deposit, no additional withdrawal will be allowable.
5.3 How to withdraw the amount?
The application shall be made in Form-2. However, if the withdrawal is made from the account on behalf of a minor or person of unsound mind, then a certificate is required to be submitted by the guardian.
5.4 Other conditions
  ■  If account holder has obtained any loan against such account, he is required to repay the amount of loan outstanding including the interest due thereon before making application for such withdrawal;
  ■  The facility of withdrawal is available only once a year;
  ■  Withdrawal cannot be made from a discontinued account; and
  ■  Withdrawal cannot be made in case of extension of the account wherein the accountholder opts not to deposit any amount further.
6. Premature closure of account
The account holder shall be allowed to prematurely close his account or account opened on behalf of a minor or a person of unsound mind of whom he is a guardian, on or after the expiry of 5 years from the end of year in which the account was opened, in any of the following cases:
  a) The amount is required for the purpose of treatment of life threatening disease of the account holder, his spouse or dependent children or parents, on production of supporting documents and medical reports confirming such disease from treating medical authority;
  b) For the purpose of higher education of the account holder, or dependent children on production of documents and fee bills in confirmation of admission in a recognised institute of higher education in India or abroad;
  c) If there is a change in residency status of the account holder on production of copy of Passport and Visa or Income tax return.
In case of premature closure, the interest whether credited or due shall be calculated at a rate which shall be 1% lower than the rate at which the interest has been credited in the account from time to time since the date of opening of the account. The application for premature closure of the account shall be filed in Form-5.
7. Closure of account
In the event of death of the account holder, the account shall be closed and no nominee or legal heir shall be allowed to continue the account. The balance including the interest calculated till the end of the month preceding the month in which the balance is deposited in the account, shall be paid to the nominee or legal heir as the case may be.
In other cases, the accountholder can at any time after the expiry of 15 years from the end of the year in which the account was opened, apply for the closure of the account by submitting an application in Form-3. Accountholder will be eligible to withdraw the whole amount along with the interest due up to the last day of the month preceding the month in which the account is closed.
8. Extension of account after maturity
8.1 Extension without making any additional deposit
The accountholder may opt not to close the account after its maturity and retain it without making any further deposit in the account. If the person opts to extend the account without making further deposits, and does not deposit any amount for more than a year, then he will not have the option to continue with the account with deposit. Interest will accrue on the amount lying in the account at the rate applicable to the scheme. The accountholder will have the benefit to withdraw the amount from the account at any time during the year. But such withdrawal can be made only once a year.
8.2 Extension of account with deposits after maturity
The accountholder has the option to extend the validity of his account for a further block of 5 years and make deposits therein. The person has to make application in Form-4 for this purpose.
The extension with deposits shall be allowed subject to fulfilment of following conditions:
  a) The extension will be granted for a block of 5 years only. If accountholder opts to extend for more than 5 years, he may apply for another extension of a block of 5 years accordingly;
  b) An application made for extension of the account, cannot be withdrawn subsequently;
  c) The option for extension shall be exercised before expiry of 1 year from the maturity of the account. In case of failure of intimation as required above, any deposits made in the account shall be treated as irregular and will be refunded by the accounts office immediately without interest. However, the balance in the account on the date of maturity shall continue to earn interest up to the end of the month preceding the month of closure;
  d) If account is continued with deposits for one or more five block periods, the account holder may leave the account without deposits on completion of any block period;
  e) The application for extension of another block shall be made by the accountholder himself except in case of minor or person of unsound mind, wherein the application can be made at the request of the guardian;
  f) All the provisions as applicable under normal deposit period shall also apply during the extended period;
  g) Facility of partial withdrawal will be available during the extended time as well, provided the total amount withdrawn does not exceed 60% of the balance at credit at the commencement of the block period.
9. Loan against the PPF account
9.1 When can loan be obtained?
The account holder may apply for obtaining a loan, against the balance in PPF account, after expiry of one year from the end of the year in which the initial investment was made but before expiry of 5 years from the end of year in which initial investment was made. The loan can be applied by furnishing details in Form-2.
In case of the account opened on behalf of a minor or a person of unsound mind, the guardian may apply for obtaining loan provided the amount is to be utilized for the benefit of such person and he shall be alive at the time of making the application.
9.2 How much loan can be applied for?
The maximum amount for which the application for obtaining loan can be made is 25% of the amount standing in the credit of the account at the end of second year immediately preceding the year in which the loan was applied.
Example, Mr. X has made his initial investment on 01-01-2020 for an amount of Rs. 100,000. During the year 2020-21 he deposited Rs. 150,000. He will be eligible to apply for the loan on or after 01-04-2021. If he applies for loan on 15-09-2021, the maximum amount he can apply for will be Rs. 25,000 (Rs. 100,000 * 25%). In the Year 2022-23, the maximum loan can be obtained to the extent of Rs. 62,500 (Rs. 250,000 * 25%).
9.3 Other conditions for obtaining the loan
No additional loan will be granted to the account holder unless the earlier loan has been repaid in full together with interest thereon. Further, only one loan can be granted in a year.
9.4 Rate of interest
Interest shall be charged at the rate of 1% per annum of the principal for the period commencing from the first day of the month in which the loan is drawn up to the last day of the month in which the last installment of loan is repaid.
If the loan is not repaid within 36 months from the first day of the month following the month in which the loan was sanctioned, interest shall be charged at the rate of 6% per annum. Such interest shall be applicable from the first day of the month following the month in which the loan was obtained, to the last day of the month in which the loan is finally repaid.
9.5 Repayment of loan
Repayment of loan can be made in either lump sum or in installments. Repayment shall be done within 36 months from the first day of the month following the month in which the loan was sanctioned.
After the principal amount of the loan is fully repaid, the account holder shall pay interest in not more than 2 monthly installments. In case of default in payment of interest, the amount due shall stand to the debit of the holder's account at the end of each year. Following are the scenarios when the payment of interest shall be regarded as defaulted:
  a) Interest on outstanding loan which is not paid before expiry of 36 months or paid partly;
  b) Interest on loan is not paid in respect of the principal amount which has already been repaid.
In case of death of the accountholder, the amount of interest shall be paid by his nominee or the legal heir. Such amount can be adjusted from the balance in the account at the time of final closure of the account.
10. Protection against the attachment of balance
The amount standing the credit of the account shall not be liable to attachment under any order or decree of any court in respect of any debt or liability incurred by the account holder.
11. Can an NRI open account under this scheme?
The previous PPF scheme prohibited the non-residents from making any investment in the PPF. The new scheme does not contain any provision which prohibits the non-resident. Thus, it appears that any individual, whether resident or non-resident, can opt for this scheme.
However, to open an account under the scheme, the applicant is required to file an application in Form 1 which contains a declaration that the applicant is resident citizen of India. It is not clear how this residential status shall be determined - as per Section 6 of the Income-tax Act or Section 2(v)/2(w) of the FEMA Act.
Thus, if the applicant is a non-resident of India (under both the Act), he will not be eligible to sign such declaration. So inspite of removal of prohibition from the scheme, the Form-1 will restrict a non-resident citizen to sign and submit the application in Form 1. If at any time after opting for the scheme, the accountholder becomes a non-resident, then unlike the previous scheme he will not be required to close the accounts and he will be required to file a declaration to an accounts officer regarding his change in residency.
12. Tax treatment of investment in PPF
PPF deposits fall under the EEE (Exempt, Exempt, Exempt) tax category, which means an investor is not liable to pay tax at all three levels - investment, earning and withdrawal.
Investment made in PPF Scheme is eligible for deduction under Section 80C of the Income-tax Act. However, if any loan is taken against the PPF account, then any amount paid towards the repayment of such loan shall not be included in the contribution amount of PPF while determining the deduction under section 80C. Any amount withdrawn from the account is exempt from tax under Section 10(11).

Thursday, 8 August 2019

How to make TDS Payment Online

The due dates for payment of Tax Deducted at Source (TDS) to the government account is 7th of next month of the date of payment/credit except for the month of March where the due date is 30th of April. A chart showing various due dates of TDS is as under:


The returns for TDS are filed quarterly and the due dates for filing of TDS return are:



The TDS amount deducted must be deposited to the government within the due dates specified by the person deducting the TDS. The TDS payment can be made online as well as offline.



A step by step procedure for online payment of TDS is as under:






Step 2: Select ‘CHALLAN NO./ITNS 281’ under TDS/TCS section. You will be directed to the e-payment page.



Step 3: In this page the following details have to be entered:


1. Under ‘Tax Applicable’ select ‘Company Deductees’ if the TDS deducted by you is while making payment to a company. In any other case select ‘Non-Compay Deductees’.
2. Enter the TAN and Assessment Year for which the payment is made.
Assessment Year: If payment is made on say 15 April 2019 i.e. in financial year 2019-2020 then assessment year will be next year i.e. 2020-2021.
3. Enter the ‘Pin Code’ and select ‘State’ from the drop down. Other details of address and mobile and email are non-relevant.
4. Select whether the payment is made for TDS deducted and payable by you or TDS on regular assessment i.e. TDS on receipt of a notice.
5. Select the ‘Nature of Payment’ and ‘Mode of Payment’ from the drop-down. Detailed article on Nature of Payment and Rate of Payment will be shared on a future date.
6. Click on ‘Submit’ button.
Step 4: On submission, a confirmation screen will be displayed. If TAN is valid, the full name of the taxpayer as per the master will be displayed on the confirmation screen.
Step 5: On confirmation of the data entered, you will be directed to the net banking site of your bank.
Step 6:The taxpayer should log in to the net banking site with the user id and password provided by the bank and make the payment.
Step 7: On successful payment, a challan counterfoil will be displayed containing CIN, payment details and bank name through which e-payment has been made. This counterfoil is a proof of the payment made.
After payment of TDS, you have to file your TDS return quarterly.

Saturday, 11 July 2015

A Comparison: One Person Company vs Pvt Ltd vs LLP vs Sole Proprietorship vs Partnership








Proprietorship vs Partnership vs LLP vs Private Limited Company vs OPC


Proprietorship vs Partnership vs LLP vs Company vs One Person Company

Selection of business entity is among 0the first legal decision taken by an Entrepreneur while starting a new business. With the introduction of the Limited Liability Partnership Act and the Companies Act, 2013, more choices of business entities are now available. Therefore, it is important for the Entrepreneur or Promoter to understand the pros and cons of each of the business entity and choose the right one. Among the choice of For-Profit entities available like Proprietorship, Partnership, Limited Liability Partnership, One Person Company, Private Limited Company and Limited Company, a few are ideal for most Entrepreneurs. In this article, we compare those types of entities viz. Proprietorship vs Partnership vs LLP vs Private Limited Company vs One Person Company.

Registration


Proprietorship

There is no formal registration for Proprietorship.

Partnership

Partnership can be registered or unregistered. Registration of Partnership is optional. If registered, Partnership is registered under the Partnership Act, 1932.

LLP

LLP will be registered with the Ministry of Corporate Affairs under the Limited Liability Partnership Act, 2008.

Private Limited Company

Private Limited Company will be registered with the Ministry of Corporate Affairs under the Companies Act, 2013.

One Person Company

One Person Company will be registered with the Ministry of Corporate Affairs under the Companies Act, 2013.

 Name of the Entity


Proprietorship

The Promoter’s choice of name can be used for the Proprietorship. No approval is necessary for using name; however, it is good to avoid trademarked names.

Partnership

The Promoters choice of name can be used for the Partnership. No approval is necessary for using name; however, it is good to avoid trademarked names.

LLP

The choice of name provided by the Promoter must be approved by the Registrar of Company. Only names that are not identical / similar to an existing company or LLP name and names that are not offensive or illegal would be allowed. The name of the entity will end with the words “Limited Liability Partnership” or “LLP”.

Private Limited Company

The choice of name provided by the Promoter must be approved by the Registrar of Company. Only names that are not identical / similar to an existing company or LLP name and names that are not offensive or illegal would be allowed. The name of the entity will end with the words “Private Limited Company”.

One Person Company

The choice of name provided by the Promoter must be approved by the Registrar of Company. Only names that are not identical / similar to an existing company or LLP name and names that are not offensive or illegal would be allowed. The name of the entity will end with the words “OPC” or “One Person Company”.

Legal Status of Entity


Proprietorship

Proprietorship is not recognised as a separate legal entity and the promoter is personally liable for the liabilities of the Proprietorship.

Partnership

Partnership is not recognised as a separate legal entity and the promoters are personally liable for the liabilities of the partnership.

LLP

LLP is a separate legal entity registered under the LLP Act, 2008. The partners of a LLP are not personally liable for the liabilities of the LLP.

Private Limited Company

Private Limited Company is a separate legal entity registered under the Companies Act, 2013. The Directors and Shareholders of a Private Limited Company are not personally liable for the liabilities of the Company.

One Person Company

One Person Company is a separate legal entity registered under the Companies Act, 2013. The Director and Nominee Director of a One Person Company are not personally liable for the liabilities of the Company.

Member(s) Liability


Proprietorship

Proprietor has unlimited liability and is responsible for all the liabilities of the Proprietorship.

Partnership

Partners have unlimited liability and is responsible for all the liabilities of the Partnership.

LLP

Partners have limited liability and is liable only to the extent of their contribution to the LLP.

Private Limited Company

Shareholders have limited liability and is liable only to the extent of their share capital.

One Person Company

Director and Nominee Director have limited liability and is liable only to the extent of his/her share capital.

Minimum Number of Members


Proprietorship

Can have only one person as member.

Partnership

A minimum of two persons are required to start a Partnership.

LLP

A minimum of two persons are required to start a LLP.

Private Limited Company

A minimum of two persons are required to start a Private Limited Company.

One Person Company

A minimum of two persons are required to start a One Person Company, viz. Director and Nominee Director.

Maximum Number of Members


Proprietorship

Can have only one person as member.

Partnership

The maximum number of partners can be only 20.

LLP

A LLP can have unlimited number of Partners.

Private Limited Company

A Private Limited Company can only have a maximum of 200 shareholders or members.

One Person Company

A One Person Company can have only two people, viz. Director and Nominee Director.

Foreign Ownership


Proprietorship

Foreigners are not allowed to start a Proprietorship.

Partnership

Foreigners are not allowed to start a Partnership.

LLP

Foreigners are allowed to invest in a LLP only with prior approval of Reserve Bank of India and Foreign Investment Promotion Board (FIPB) approval.

Private Limited Company

Foreigners are allowed to invest in a Private Limited Company under the Automatic Approval route in most sectors.

One Person Company

Director and Nominee Director cannot be Foreigners.

Transferability


Proprietorship

Not transferable.

Partnership

Not transferable.

LLP

Ownership can be transferred.

Private Limited Company

Ownership can be transferred by way of share transfer.

One Person Company

Ownership can be transferred.

Existence or Survivability


Proprietorship

Existence of a Proprietorship business is dependent on the Proprietor.

Partnership

Existence of a Partnership business is dependent on the Partners. Could be up for dissolution due to death of a Partner.

LLP

Existence of a LLP is not dependent on the Partners. Could be dissolved only voluntarily or by an Order of the Company Law Board.

Private Limited Company

Existence of a Private Limited Company is not dependent on the Directors or Shareholders. Could be dissolved only voluntarily or by Regulatory Authorities.

One Person Company

Existence of a One Person Company is not dependent on the Director or Nominee Director. Could be dissolved only voluntarily or by Regulatory Authorities.

Taxation


Proprietorship

Taxed as individual, based on the total income of the Proprietor.

Partnership

Partnership profits are taxed at 30% plus surcharge and cess as applicable.

LLP

LLP profits are taxed at 30% plus surcharge and cess as applicable.

Private Limited Company

Private Limited Company  profits are taxed at 30% plus surcharge and cess as applicable.

One Person Company

One Person Company profits are taxed at 30% plus surcharge and cess as applicable.

Annual Statutory Meetings


Proprietorship

No requirements to conduct annual statutory meetings.

Partnership

No requirements to conduct annual statutory meetings.

LLP

No requirements to conduct annual statutory meetings.

Private Limited Company

Board and General Meetings must be conducted periodically.

One Person Company

No requirements to conduct annual statutory meetings.

Annual Filings


Proprietorship

No requirements to file annual report with Registrar of Companies. Income Tax Return must be filed based on the income of the Proprietorship.

Partnership

No requirements to file annual report with Registrar of Companies. Income Tax Return must be filed for the Partnership.

LLP

LLP must file Annual Statement of Accounts & Solvency and Annual Return with the Registrar each year. Income Tax Return must also be filed for the LLP.

Private Limited Company

Private Limited Company must file Annual Accounts and Annual Return with the Registrar of Companies each year. Income Tax Return must also be filed for the Private Limited Company.

One Person Company

One Person Company must file Annual Accounts and Annual Return with the Registrar of Companies each year. Income Tax Return must also be filed for the One Person Company.

Registration Cost


Proprietorship

We offer Proprietorship Registration at an all inclusive price of Rs.4,000/-

Partnership

We offer Partnership Registration at an all inclusive price of Rs.6,000/-

LLP

We offer LLP Registration at an all inclusive price of Rs.10000/-

Private Limited Company

We offer Private Limited Company Registration at an all inclusive price of Rs. of Rs.16,000/-

One Person Company

We offer One Person Company Registration at an all inclusive price of Rs. of Rs.16,000/-