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Writer's pictureYash Goel

CORPORATE TAX OVERHAUL

Updated: Aug 23, 2020

In a bid to counter the ongoing slowdown in the economy the Indian finance minister took a

slew of measures, in sectors ranging from housing to exports. One such profound reform

was reducing the corporate tax rate (CTR) to 22% for all existing companies and to 15% for

new manufacturing units, being set up on or after Oct 1, 2019 and commencing operations

before March 31, 2023. The minimum alternate tax (MAT) was also cut to 15% from 18.5%

earlier. With this, the effective tax rate(ETR) for most of the companies, after incorporating

a surcharge of 10% and cess of 4%, becomes 25.168% and for the new units it comes down

to 17.01%.


Picture Courtesy: The Economist

On 20 th September 2019, the Government of India introduced Taxation (Amendment)

Ordinance 2019 to insert section 115BAA in the Income Tax Act 1961. The objective of this

move was to enable the companies save more cash in hand, which ultimately would be

invested in the country, producing more jobs and stimulating the economy. The move is also

aimed at gaining attention of the foreign investors who are exiting China in the wake of US-

China trade tensions and looking to set up their manufacturing units in other Asian

countries. Earlier with the base CTR of 30%, India was at a serious disadvantage to its Asian

counterparts as most of them had their CTR in the range of 20%-30%, with Singapore having

it as low as 17% [1] . Now with 22%, it stands in line with the prospective manufacturing

destinations. Interestingly, the government’s choice of the ETR of 25% is perhaps more

thought of than many could have guessed. As per OECD’s comparison of the ETR of various

countries with respect to their tax collections, the Laffer curve so formed, in which India

used to be clearly off the chart, peaks at somewhere around 25% [2] . This would, at least

theoretically, mean a boost in the federal tax collections in coming years.


Laffer Curve
Picture Courtesy: Foundation for Economic Education

Besides the merits, the drawbacks of the move aren’t ignorable for sure. First and foremost,

as the finance minister pointed out, it is expected to cause a revenue loss of around Rs 1.45

lakh crore, which is a good 19% of Rs 7.66 lakh crore corporate tax collections budgeted for

FY20. This is huge as already due to slowdown, the direct as well as indirect tax collections

have been hurt and the government seems missing the fiscal discipline. Secondly, since it is

a demand-led slowdown, critics worry that the industrialists may not start investing the

additional revenue right away and would rather wait for the demand to pick up to. Similar

instance has been noted in the past, when President Trump lowered the taxes in US and

expected the household savings to go up. But what actually transpired is not a secret. And

last but not the least, with a considerable difference between the CTR and highest effective

income tax rate (around 42%), the chances of tax evasion through corporatization have

arisen like never before.


Time will best judge whether this move will be beneficial or not. But it’s certainly one of the

biggest reforms in Indian economic history after 1991, which is going to shape the future of

the country in many dimensions. Perhaps this is one of the best examples of “structural

reform” that the public has been demanding lately to counter the ongoing slowdown.


 

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