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Monday 11 April 2016

tax return filing, complications in tax return filings, tax,



tax return filing, complications in tax return filings, tax,


*Filing income- tax returns gets more complicated*


Filing income- tax returns is not a pleasant job for most, even for those
who have no income to show other than salaries. And, the continuous changes
in the income- tax returns form, often, makes the filing process more
complicated.
  • One has to be extremely careful about filling the various boxes in the Income Tax Return ( ITR) form and ensure that it matches the details mentioned in the income certificates. And, with filing possible only on-line, there is no scope for any error, or else you can expect a notice from the income tax department.
  • This year might be a challenge for those who earn more than ₹ 50 lakh. In addition to details of salary and various exemptions, these individuals also have to disclose the value of the non- financial assets they own. This value has to be the cost or acquisition value. The disclosures include particulars of assets like land, buildings, cash in hand, jewellery, bullion, aircraft, yachts and boats.
  • Another change this year is that individual taxpayers also need to report the details of the pass through income received from business trusts or/ and investment funds.
  • The government wants to know whether your non-financial assets are in proportionate to your income or you are earning  black money.
  • Individuals have to face difficulties because non maintenence of records of jewellry which they received in gifts.

“A threshold limit for each category of asset for disclosure purposes would
provide an administrative relief in case assets below a prescribed
threshold are exempted from disclosure requirement. For instance, in the
past, only cash value in excess of ₹ 50,000 was required to be considered
for wealth tax purposes,’’ Ghose says

The challenge is that most people don’t maintain records of purchases.
According to the rules, salaried or individual taxpayers are not required
to maintain books of accounts. This is applicable only to those who have
business income. Now, to show the value of your assets it might become
necessary to maintain records of your purchases.

It becomes even more challenging in case of ancestral property or gifts
that you get through inheritance.

How can you estimate the value of something that has been purchased years
ago? The instructions say that in case of inherited assets, the value in
the hands of the previous owner can be mentioned. In case that is also not
known, then what value needs to be reported should be clarified, says
Kuldip Kumar, partner and leader Personal Tax, PwC India.

“It can happen that you inherit jewellery from your parents, but they had
inherited the same from their parents.

In such a case, it will become difficult to ascertain the value of the
jewellery. As an alternative, the taxpayer should be allowed to state the
market value of the jewellery when the taxpayer became the owner of such
jewellery, similar to how it is allowed in case of calculating capital
gains,’’ Kumar adds.

If you have inherited the asset, then determination of the value would be
difficult, according to Maheshwari . An alternative could be to show the
value of the asset as ‘0’. In case of inheritance, as there is no tax, this
alternative can definitely be exercised.

If the asset was purchased or acquired before 1981, you can value it
according to the inflation index of 1981. If it is acquired after 1981, you
can give an estimate or approximate value. Again the procedure used in
calculating capital gains.

“The government’s primary motive is that people should not get away by non-
disclosing. For instance, how can someone with an income of ₹ 10 lakh, own
property worth ₹ 5 crore? The intent of the government is to come down
heavily on the evaders. The message from the top seems to be that if you
evade taxes, then you will be on our radar and can be called for scrutiny,”
Maheshwari says.

Given the robust system of tracing financial transactions, the government’s
fears of mis- reporting of assets may be a bit exaggerated, Kumar says. “
The additional disclosure will only increase the obligation for existing
high- income group tax- payers. Now such tax- payers will have to trace
and/ or maintain records of all assets they buy, like jewellery, etc. What
is required instead is to widen the tax base,’’ he adds.

Another issue that requires clarification is how to avoid double disclosure
of assets, points out Ghose. Currently, for residents and ordinarily
residents, foreign assets have to be disclosed in aspecific schedule. But
in the newly introduced assets and liability schedule, if these foreign
assets have to be disclosed again, it will lead to duplication in
reporting. Hence, a clarification is required that the new schedule should
cover only domestic assets and liabilities.

One positive consequence is that meeting the deadline of filing tax returns
for financial year 2015- 16 will be easier as the income tax department has
already notified the various ITR forms. This will allow tax- payers to file
returns from April, well in time before the July 31 deadline.

Those with annual income of more than ₹ 50 lakh will have to furnish a lot
of additional details

The ITR- 1 Sahaj form, meant for individual taxpayers, has a new reporting
schedule titled Details of Asset and Liability CONFUSION OVER ASSET VALUE
DECLARATION

[1]The schedule mentions that the amount has to be mentioned at cost;
experts suggest value at the time of acquiring the asset has to be
mentioned [1]In the case of assets prior to 1981, one option is to declare
the value at 1981- level because that is when the cost inflation index
started [1]For assets purchased after 1981, an estimate has to be given of
the value [1]In the case of inherited property, the value of the property
when it was acquired by the previous owner has to be taken into account [1]If
that is not known, an alternative is to assume the value as ‘ 0’.

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