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8th July 2024 (11 Topics)

Angel Tax

Context

The department for promotion of industry and internal trade proposed relieving new businesses of angel tax.

About:

  • It is a 30% tax that is levied on the funding received by Startups from an external investor.
  • However, this 30% tax is levied when Startups receive angel funding at a valuation higher than its ‘fair market value’.
  • It is counted as income to the company and is taxed.
  • Angel tax was introduced in 2012, with the purpose of keeping money laundering in check.

Section 56(2) VII B of the Income Tax Act, also known as the ‘angel tax’ was first introduced in 2012 to deter the generation and use of unaccounted money through the subscription of shares of a closely held company at a value that is higher than the fair market value of the firm’s shares.

Provision related to Angle Tax under Finance Act 2023:

  • Amendment of Section 56(2)(viib): Finance Act 2023 modified the 'angel tax' provision to include foreign investors in start-up funding taxation.
  • Exemption for Recognized Start-ups: DPIIT-recognized start-ups were excluded from angel tax, sparing them from this tax liability.
  • Final Valuation Rules for Investors: Finance Ministry established valuation rules, including methods like DCF, for resident and non-resident investors in unlisted companies.
  • Exemption for Investors from Certain Countries: Angel tax was waived for investors from 21 countries, but countries like Singapore, Netherlands, and Mauritius were excluded.
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