Tax Planning, Avoidance

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    Dr Amit Kumar Sinha

    [email protected]

    [email protected]

    Corporate Tax Planning

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    Tax Planning Its legitimateTax Planning Its legitimate

    . there is nothing sinister in soarranging ones affairs as to keeptaxes as low as possible.

    nobody owes any public duty to paymore than the law demands: taxes

    are enforced extractions, notvoluntary contributions.

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    Tax PlanningTax Planning

    Tax Planning can be defined as an

    arrangement or management of onesfinancial affairs by applying complete

    legal provisions and benefits of alldeductions, exemptions, allowancesand rebates in such a way to reduce

    the tax liability to minimum

    Corporate Tax PlanningCorporate Tax Planning

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    Features Of Tax PlanningFeatures Of Tax Planning

    It comprises provisions within the provisionsgiven in the Income Tax Act.

    All Legal obligations and the transactions are

    met.

    Transactions shouldnt take form of colourabledevices

    There is no intentions to deceit the legal spiritbehind the provisions in law.

    Corporate Tax PlanningCorporate Tax Planning

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    Tax AvoidanceTax Avoidance

    Any Planning of tax which

    aims at reducing or negatingtax liability in legally

    recognized permissible ways,

    can be termed as an instanceof tax avoidance.

    Corporate Tax PlanningCorporate Tax Planning

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    Features of Tax AvoidanceFeatures of Tax Avoidance

    Legal arrangement of affairs of affairs in sucha way so as to minimize tax liability.

    Avoidance of tax is a legal practice within the

    rules and provisions

    There is no evidence ofmala fide motiveinvolved in tax avoidance

    Corporate Tax PlanningCorporate Tax Planning

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    Tax EvasionTax Evasion

    All methods by which taxliability is illegally avoided are

    termed as tax evasion.

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    Features of tax evasionFeatures of tax evasion

    Intent to defraud

    Illegal or unlawful

    Unrelated to a professional practice its tax omission

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    Tax Avoidance Vs. Tax EvasionTax Avoidance Vs. Tax Evasion

    Tax avoidance Tax EvasionAny Planning of tax which aims atreducing or negating tax liabilityin legally recognized permissibleways, can be termed of taxavoidance

    All methods by which tax liabilityis illegally avoided are termed astax evasion

    Use of loopholes to mitigate taxliability

    Use of unfair means or methodsto avoid tax liability.

    Its legally sanctioned Unlawful even an assessee guiltyof tax evasion may be punished

    Its Hedging of tax liability with theframework of law

    Its tax omission

    Its intentionally performed beforetax liability arises

    Its intentional attempt to avoidpayment of tax after tax liabilityarises

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    Tax Planning Vs. Tax ManagementTax Planning Vs. Tax Management

    Tax Planning Tax ManagementThe Objective of tax planning is toreduce the tax liability to minimum

    Objective of the tax management isto comply with the provisions oflaw

    Its futuristic approach Its concerned with past , presentand future also

    Tax planning is very wide its covertax management also

    Tax management has very limitedscope its deals with specificactivities

    Benefits from tax planning are

    substantial particularly in long run

    As a result of effective tax

    management , penalty, penalinterest, prosecution etc can beavoided.

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    Thank You