Let us all welcome the year 2013 with varied ideas to bring home tax
planning for you and your family and also take you through Investment
Strategies for investing your money. The following thirteen important
Tax and Investment Tips for the year 2013 will surely help you to
achieve your desired results :-
1) Income-tax file for one and all
It is time now for every tax payer of the country to make a resolution
to have a separate independent Income-tax File for every member in the
family. The objective of this is to achieve tax planning and cut down
on your income-tax payments. Firstly think of your wife and if she does
not have till now a separate independent Income-tax File, then start of
having such independent Income-tax File for your wife. The concept of
gift and loans in the name of your wife will help you to achieve this.
However, do remember that your wife can receive gift from any relative
other than her husband, her father in law and her mother in law.
However, wife is free to take loan with reasonable interest from anyone
including the husband. Similarly adopt the concept of gifting your
major children and start having separate independent Income-tax File for
your major children.
2) Hindu Undivided Family tax file in your kitty
If you are a Hindu, then it is time now to find out whether you have a
separate independent Income-tax File of your Hindu Undivided Family. If
still now you have not been instrumental in opening a separate
Income-tax File for your Hindu Undivided Family, then right now is the
time when you should start such separate Income-tax File in your family
so that it helps you in the process of tax planning. The HUF file apart
from enjoying the basic income-tax exemption of Rs. 2,00,000 will also
continue to enjoy tax deduction in terms of section 80C as well as
deduction for interest on housing loans. Also do remember that your HUF
file can come into existence whether you have a son or just a daughter
and even if you do not have any children, still your HUF file can come
into existence right now.
3) Plan for your minor children
If you are having a minor child or a grand child, plan right now the
different strategies for the safety and security of your minor child in
particular. If you want to have lots of income and wealth in the name
of the minor child and would still like no clubbing of the income of the
minor child, then it is time now to think of creating a separate
independent hundred per cent “Specific Beneficiary Trust” in the name of
the minor child based on the principles enunciated by the various
courts of India including the Supreme Court of India so that the income
of the minor child with special terms and conditions mentioned in the
Trust Deed is not clubbed with the income of the parents. It is also
possible for you to think of starting a PPF account in the name of the
minor child for his or her safety and also do not forget to take out
Life Insurance Policies specially in the name of your minor child which
will help the process of investment strategy in the years to come for
the safety, security of your loving children.
4) Real Estate strategy
In the year 2013 in case you are thinking of buying your sweet home,
then at that point of time do consider various vistas of tax and
investment planning and then only take a decision to buy the property in
the name of a particular member of the family. Generally speaking, it
will be worthwhile to buy the property in joint names so as to reap the
full fruits of tax and investment planning. Please do note that every
co-owner of the property will enjoy a separate deduction of interest on
housing loan up to Rs. 1,50,000 per annum and would also enjoy
deduction in respect of repayment of the housing loan and plan now for
your Real Estate to grow. Simultaneously, do not forget to keep in mind
the provisions of the Wealth Tax Law so as to take care of wealth tax
liability in respect of Real Estate or plan your wealth tax matter in
such a manner that keeping in view the provisions contained in the
Wealth-tax Law wealth-tax is not attracted on your Real Estate
investment. It would also be a good idea to think of Rental Real Estate
investment with the basic aim of getting a fixed secured rental income
and lower tax incidence which is made possible through the special tax
deduction at the rate of 30 per cent available for repairs etc.
5) Salaries and Perquisites
We pray to the Almighty God to give you a good rise in your salary
package in the year 2013. It may also be possible that you might be
thinking of changing your job. In all situations namely when you get a
good rise in salary or when you shift your service, then in both these
situations do take care with regard to income-tax provisions contained
in the Income-tax Law to save tax on your salary and perquisites. Study
in greater detail the provisions contained specially in Income-tax Rules
to get hold various of tax free allowances and perquisites for you
during the year 2013. It is time now for you to even design your salary
package and finally keep a strict watch on the comparatively recent new
circular of the Central Board of Direct Taxes dealing with various
aspects connected with taxation of salary income which will help you to
save your taxes. Likewise, while you make contribution in the year 2013
to Provident Fund, please keep a strict watch during the year because
the definition of salary for the purposes of Provident Fund is expected
to be amended. Hence, your contribution as well as the contribution of
your employer during the year 2013 has to be definitely in tune with the
new provisions based on the change of the definition of salary.
6) Get ready to face the new GAAR provisions
Whether you like it or not but the fact remains that in the year 2013
the big tax payers in particular and more specifically the corporate tax
payers will have to gear themselves to understand the provisions
concerning General Anti Avoidance Rules popularly known as GAAR. It is a
well known fact that even today the provisions concerning GAAR are
contained in the Income-tax Act, 1961 as per the budget proposals made
last year namely in the year 2012. But these provisions relating to
GAAR will become applicable from 1st April 2013. The tax payers should
carefully watch the provisions contained in the Finance Bill 2013 to
find out the latest update with reference to GAAR and the tax payers
particularly the big tax payers should make a deep study into the
provisions concerning GAAR so that they do not face problem at a future
point of time. It may also be noted that the purpose of GAAR is to
ensure that the tax provisions are not misused by the tax payers and
that is the reason that the provision of GAAR requires utmost care and
concentration and study of the subject matter. It is even possible that
the provisions concerning GAAR may be completely done away with in the
statute book. But the final verdict of the Government will be known only
when the Finance Bill 2013 is presented. Hence, carefully study the
new tax provisions as and when introduced through the Finance Bill
2013.
7) Tax Planning relating to Capital Gain
If in the year 2013 you are going to receive certain amount by way of
Capital Gain, then before making your decision to sell your assets, find
out in the first place whether the gain arising to you is a Short-term
Capital Gain or is it a Long-term Capital Gain because generally
speaking, if you hold the asset for more than thirty six months, only
then the gain becomes Long-term Capital Gain and is eligible to various
concessions and deductions. Reversely, if the gain happens to be a
Short-term Capital Gain, then there is no advantage at all in most
cases. However, the shares and mutual funds if sold after holding it for
more than twelve months, becomes a Long-term Capital Gain and less than
that is a Short-term Capital Gain. Therefore, during the year 2013 at
any point of time whenever you are contemplating to sell a particular
asset, firstly sit down and calculate the period of holding. It is even
possible that just postponing your sale to couple of months later or in
some cases couple of days later may enable you to get full advantage of
Long-term Capital Gain. Hence, do not sell the asset till you
calculate the tax impact thereon. Also take care to save your Long-term
Capital Gains either by investing in Capital Gain Bonds or in a
residential property or finally investing in shares of certain new
companies which are micro and small enterprises so that your tax
liability with reference to Long-term Capital Gain becomes a big zero.
8) Cash is king, but take care
Cash is king, yes this statement is absolutely true. But during the
year 2013, please continue to take care of all your cash transactions
keeping in view the tax provisions as contained in the Income-tax Law.
Do remember that wrong action of playing with your cash money may result
into substantial financial loss to you. Hence, it is time now to
remember that in the year 2013 one should be very careful to take care
of handling cash in tune with the provisions contained in the Income-tax
Act, 1961. Firstly do remember that in your business or profession
never make cash payment of an expenditure exceeding Rs. 20,000 on one
single day to one party or else take the expenses so incurred by you
will be disallowed within the provisions of the Income-tax Law. This
limit, however, happens to be Rs.35,000 for payment to transporters
etc. Similarly, do take care to see that during the year 2013 you never
make cash loan or repay the existing loan by cash of an amount of Rs.
20,000. The provisions contained in the Income-tax Act specifically
provides levy of very very harsh penalties for taking cash loan and or
repayment of the cash loan in which case the penalty is equal to the
amount of loan. Hence, stop blaming right now the tax provisions but
just concentrate on complying with the provisions contained in the
Income-tax Law relating to cash payment.
9) Keep your eyes and ears open for DTC
All tax payers should keep a watch over the changes which are going to
be proposed through the Direct Taxes Code. We are not sure whether the
Direct Taxes Code or DTC will be presented in the year 2013 but going by
the common expectations one can reasonably come to a conclusion that
during the year 2013 Direct Taxes Code may be introduced in the
Parliament which will completely result into makeover of the Income-tax
Act, 1961. Hence, we should carefully peep into all the intricate
provisions contained in the Direct Tax Code so that we can plan our tax
and investment strategy for the years to come keeping in view the
proposed amendments introduced in the tax laws of the country through
the Direct Taxes Code. The investment strategy for you and your family
will have to be geared up with new dimension specially after the coming
into operation of the Direct Taxes Code. As soon as the Direct Taxes
Code is presented it would be a good idea to forget all about the
Income-tax Act and to concentrate on the deep study of the new Direct
Taxes Code. As soon as the new Code is presented, all the tax payers of
India must carefully screen the new provisions and should plan their
strategy and tax planning in the years to come.
10) Time to vigorously think on investments in NPS
Please focus your investment strategy for the year 2013 on investment
vistas connected with New Pension Scheme. Although by now the New
Pension Scheme popularly known as NPS is into operation for the last
couple of years. However, still now NPS investment has not become the
darling of tax payers of India. However, it is time now to show your
love and affection to the investment in new Pension Scheme. It is time
now for you to study the new provisions in greater detail and try to
open separate NPS account for different members in your family. For
those tax payers who are having high income and wealth, it is
recommended that two tier account in NPS should also be obtained.
Finally if you are going to complete sixty years of age during the year
2013, then you should be more careful to immediately open NPS account in
your name. This is mainly because of the fact that once you have
completed sixty years of age, you cannot open a new NPS Account. Please
note that after sixty years of age one cannot go in for opening an NPS
account. But if you have already opened NPS account, then you can
continue contributing in the said account. Hence, in the year 2013
you should aim at bringing NPS as a preferred tool of investment in
your family.
11) New Life Insurance Policies for your family
Are you adequately insured ? Let this question be asked by every adult
income-tax payer in his family. I would like every tax payer to take
care of securing his family during the year against calamity. One of
the best way to protect the family is to adequately insure all the
family members. It is time now for you not just to count your Life
Insurance Policies for different members in the family but to sit down
and ponder whether all the family members are adequately insured. In
most cases I am sure the answer that will come in conclusion would be
that most of the family members are not adequately insured. Hence,
during the year 2013 please take a call to answer the question whether
you and your family members are adequately insured. Do not forget to
take an insurance policy for your dear loving daughter too.
12) Rajiv Gandhi Equity Savings Scheme
For all those tax payers who have never had any exposure in the stock
market let the year 2013 be their first year for investing in the
stock market. Firstly the action plan to enter into the stock market
would be to open a Demat Account in your name. To inspire all those who
have never had any exposure in the stock market tax incentive is being
made available in the Income-tax Law in terms of the provision contained
in section 80CCG whereby first time investors in the stock market can
go in for making investment up to Rs. 50,000 and enjoy a tax deduction
equal to 50 per cent of such investment. Thus, tax saving can be made
by taking an exposure to Rajiv Gandhi Equity Investment Scheme and
thereby cutting down your tax payment by Rs. 2,500 to Rs. 5,000.
13) Your 360 Degree Watch
All those who are big spenders should be very careful in the year 2013
because Government is going to keep a strict 360 Degree watch on such
spenders because the Income-tax Department has been collecting data in
respect of its 360 Degree High Profile Spenders. It may be noted that
there is no problem in your spending the money for the purpose which you
like. But what is relevant is that you should have adequate sources
and resources to prove the spending by you. Hence, in the year 2013 do
keep records and details of high spending by you in different vistas so
that if the tax radar comes to you, you can adequately answer about the
spending by you either on holidays or on big purchase of assets etc.
Writer:
Rajratan Mendhe
(Financial
planner)