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8/9/2019 Tax Planning, Avoidance
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Dr Amit Kumar Sinha
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