Wednesday, 21 March 2018

Implication of Finance Bill 2018 Demystified

The Finance Bill 2018 has been passed by the Lok Sabha on March 14, 2018. We have already highlighted in detail the implications of this Bill in our earlier Blog Post of 2nd February 2018 
In this Blog post we are very briefly re-highlighting the changes in a very simplified (non technical) manner.
Dis-allowance of Expenditure Exceeding Rs. 10,000/- in cash
Payment made by a charitable trust or institution exceeding Rs. 10,000 in cash will not be considered as the application of income and the same will be taxable. Thus whether you are paying the sweeper his/her wages or buying bulk stationary from your local vendor, please make sure that if the amount exceeds Rs. 10,000/- it is not paid by cash.

Mandatory Requirement of TDS
At present there are no checks on whether trusts or charitable institutions follow the provisions of deduction of tax at source of the Income tax Act. This has led to lack of an audit trail for verification of application of income.

Non-deduction of tax at source will now attract dis-allowance in terms of application of income in the hands of the charitable trust or institution.

In other words, it is now mandatory for charitable trusts and institutions to deduct TDS as per provisions of Chapter XVII-B of the Act in order to claim any expense as “application of Income”, failing which the same will be taxable.

Mandatory Requirement of obtaining PAN
Section 139A has been amended requiring every trustee, author, founder, chief executive officer, principal officer or office-bearer or any person competent to act on behalf of a trust which enters into a financial transaction of an amount aggregating to two lakh and fifty thousand rupees or more in a financial year to obtain Permanent Account Number (PAN)
This is done in order to use PAN as Unique Entity Number (UEN) for non-individual entities  (like trusts) and to link the financial transactions with the natural persons.

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