by Mr. Gautam Nayak, Chartered Accountant.
All in all, the
income tax department takes back a part of the benefits that the central
government planned to give
The Reserve Bank of
India (RBI) announced the launch of Inflation Indexed National Savings
Securities–Cumulative (IINSS-C) bonds, which would be sold through banks to
retail investors.
As RBI clarified,
these securities will be launched in the backdrop of an announcement made in
the Union Budget 2013-14 to introduce instruments that will protect savings
from inflation.
Now, the main clue
to whether these securities meet their objective lies in the way the income
from these bonds will be taxed. Basically, the interest rate on the securities
is linked to the consumer inflation rate, and consists of two parts: one is
fixed at 1.5 %, and the other is the inflation rate based on the Consumer Price
Index (CPI).
Effectively, the
interest will be 1.5 % above the consumer inflation rate. The central bank’s
press release clarifies that tax treatment on interest and principal repayment
would be according to the extant taxation provision.
Income
Tax Treatment..
The interest on the
bonds, consisting of both the fixed component of 1.5 % as well as the variable
component of the inflation rate, would clearly be taxable as interest income
under the head “Income from Other Sources”, and not as capital gains, even
though the entire amount is received on maturity.
The accumulated
interest would be taxable each year, unless the investor chooses to account for
such interest on a receipt basis, in which case, the entire interest would be
taxable in the year of maturity when the interest is received. In either case,
it would be subject to the income tax slab rate applicable to the investor.
Here’s an example.
If the inflation rate is 10 % and the interest income is Rs. 575 on Rs. 5,000
(the face value), an investor falling in the 30 % tax bracket would pay tax of
Rs.177.68 (30.90 %). So, the net interest income for her becomes Rs.397.32.
This amount is 7.94 % of the invested amount; a rate below the inflation rate
of 10 %.
Would this lower rate of interest be
compensated by a capital loss on redemption of the security?
Normally, for
computation of capital gains, the cost of acquisition of an asset can be
indexed based on the Cost Inflation Index notified by the Central Board of
Direct Taxes (CBDT). This index is increased by 75 % of the average rise in the
CPI for urban non-manual employees in the immediate preceding year. Therefore,
it neutralises only 75 % of the inflation effect.
However, the
benefit of indexation of cost of acquisition is not available to bonds or
debentures other than capital-indexed bonds issued by the government. So, can
the inflation-indexed bonds be regarded as capital-indexed bonds issued by the
government? The term has not been defined in the Income Tax Act. However, in
December 1997, Capital Indexed Bonds, 2002, were issued wherein only the
principal repayments at the time of redemption were indexed to inflation. These
were linked to the Wholesale Price Index.
So, it appears that
these capital-indexed bonds to do not include the recently introduced IINSS-C
securities. This means that no indexation of cost of acquisition would be
available for computing capital gains on redemption. Since the original amount
would be refunded on maturity at the face value, which is also the cost of
acquisition, there would be no capital gain or loss on maturity.
In effect this
means that the post-tax rate of return on such securities would be below the
rate of inflation, and would not serve the purpose of having such securities.
Income Tax on
interest..
Would tax deducted
at source (TDS) apply to the interest, and if so, when would it be deducted?
Yes, TDS will apply as these securities are unlisted and issued by the central
government (so, these will be held in the bond ledger account and not the demat
account). The TDS exemption on interest that is available on listed securities
issued by a company held in demat form would not be available.
But, there is an
exemption for interest payable on any security issued by the central or a state
government. It has been clarified that all the provisions of the Government
Securities Act, 2006, apply to these securities. So, there would be no TDS on
such interest.
All in all, the tax
department takes back a part of the benefits that the government planned to
give. One hand of the government gives, and the other hand takes back a part of
it. This defeats the very purpose of providing relief from inflation. Inflation
affects personal expenses, which are met after taxes have been paid.
The net increase in
income has to be higher than the inflation rate for the bonds to really protect
savings. One wishes that either the fixed rate was high enough to take care of
the taxes, or the interest was tax-free. Then the securities would really have
neutralised inflation. Perhaps, that is too much to hope for from a government
facing an increasing fiscal deficit!
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