1. Tax planning is vital for every company's major decisions. This article enlists and
discusses few of the important decisions taken by management and its relation with tax
planning under Indian Income Tax Act perspective.
Management Decision - Capital Structuring: On should understand the basis of
arriving at the decision about capital structure, i .e. debt, equity or preference shares.
The factors like risk, cost and control are relevant. In addition one must understand the
tax implication and should also consider this while deciding the best mix to optimize
shareholder’s return. Dividend on share is not allowable deduction in the hand of the
company; however, interest on debt paid is allowable deduction. The cost of raising
equity is a capital expenditure which can only be capitalized and amortized in certain
conditions (may not be amortized in all cases). However, the cost of raising debt is
allowed as deduction. This has direct implication in calculating corporate tax liability.
On dividend from Indian company, the company is liable to pay DWT and then such
dividend is exempt in the hand of the shareholders.
Management Decision: Make or Buy: In Financial management course, students
are taught to understand the basis of arriving at the make or buy decision
consideringcapacity utilization, inadequacy of fund, cost of fund, latest technology,
variable cost of manufacturing etc. While arriving at this decision due consideration
must also be given to tax implication as this will certainly influence the decision. One
must consider that if one decides to make, there is less outflow due to tax benefit on
depreciation/interest and tax advantage available due to location of manufacturing in a
particular area. These tax advantages have already been listed earlier. If the company is
able to take advantage of any of these tax incentives, the decision to make may come out
better in comparison to decision to buy.
Management Decision: Own or Lease: Concept of leasing is gaining immense popularity.
One private airline has recently sold and taken back the same aircraft on lease. In the
process it got some fund in its account. One factor which influenced its decision was that
the lease rental paid to foreign enterprise is not subject to withholding tax if the lease

2. agreement has been approved by the Central Government. Other factors which must be
considered for tax implications are that in case of buying the asset, the assessee will be
entitled to deduction on the account of depreciation and interest, while in case of lease
he will be entitled to deduction on account of lease rental which will be higher in the
initial years. Hence, tax consideration will also influence management decision to own or
lease.
Capital Gain: It is important to understand that long term capital gain tax is less than
normal tax on business or interest income. Further in case of equities, where security
transaction tax is paid, there is no long-term capital gain and short-term capital gain is
only charged at 10%. Even if the taxpayer has long term capital gain he has the
opportunity to reduce it by properly investing it in approved bonds of National Highway
Authority or Rural electrification Corporation under section 54EC or investing in house
property under section 54 and 54F. Thus if some one has an option to earn regularly or
through capital gain, the earning through capital gain will attract less tax. This will
influence the investment decision of the taxpayer.
Amalgamation: There is limitation in the Income-tax Act for carry forward of losses. It is
quite possible that one of the group companies is making profit and another group
company is making losses. Some of these losses may be getting lapsed due to time
limitation. One can not transfer profit of one Group Company to another just like that as
it would amount to tax avoidance and can invite trouble. The tax planning in such cases
could be to merge the two companies. However, it must be ensured that the conditions of
merger as given in the Income-tax Act are satisfied.
These are:

3. 1.All property and liability of the amalgamating company or companies immediately
before the amalgamation becomes the property of the amalgamated company by virtue
of amalgamation.
2.Shareholders holding not less than 75% in value of the shares in the amalgamating
company or companies become shareholders of the amalgamated company by virtue of
the amalgamation.
3.Conditions as prescribed in section 72A of the Income-tax Act are satisfied by both
amalgamating company and the amalgamated company.
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About the Author
I am Prem, the founder of TheFinanceConcept. I am an Investment Advisor and a part-
time blogger. I hold PG degree in MBA (Finance) and pursuing CFA. Blogging has
become my passion from April 2011. I enjoy writing articles on Securities Analysis and
Financial Planning.
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