Wealth tax.bose

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Wealth tax.bose

  1. 1. Wealth Tax By Shankar Bose Inspector of Income-tax MSTU, Puri
  2. 2. INTRODUCTIONWealth Tax is a tax on the value of wealth owned by a person, levied under the Wealth Tax Act,1957.It is one of the direct taxes.It is annual tax. It is charged for every assessment year commencing from 1st April, 1957.The tax is levied @ 1 per cent on the amount of wealth as on 31st March of every year, where suchamount exceeds Rs.30,00,000.LEGAL FRAMEWORKWealth tax is charged under the provisions of WEALTH TAX ACT,1957 read with WEALTH TAX RULES,1957WEALTH TAX ACT, 1957THIS Act came in to force with effect from 1st April, 1957.This Act extends to the whole of India.This Act is divided into 8 chapters and contains 119 (in numbers) sections and 3 Schedules.This Act has detailed provisions regarding levy and collection of wealth tax.CHARGING OF WEALTH TAXSection 3 of wealth Tax Act, 1957 provides that every:Individual,HUF orCompany, who is an assessee shall be charged wealth tax @1% on the amount by which his net wealth,determined on the basis of nationality and residential status, on the relevant valuation date, exceeds Rs.30,00,000.WHO ARE NOT SUBJECT TO WEALTH TAX?Section 45 of Wealth Tax Act provides that no wealth tax shall be levied in respect of the net wealth ofthe following persons:Section 25 companyAny co-operative societyAny social clubAny political partyA mutual fund specified u/s10 (23D) of the Income tax Act.ASSET [sec. 2(ea)]The term Assets has been defined under section 2(ea) of wealth Tax Act, 1957.This definition covers only 6 types of assets, basically these are unproductive in nature.It is to be noted that for the purpose of charging wealth tax “ there must be an asset with in themeaning of sec.[2(ea)]ASSETS1. House2. Motor Car3. Jewellery, Bullion, etc.,4. Yachts, boats and aircrafts,5. Urban Land,6. Cash in Hand,DEEMED ASSETSAsset transferred to spouse, Section 4(1)(a)(i).Asset held by minor child, Section 4(1)(a)(ii).Asset transferred to a person or AOP, Section 4(1)(a)(iii).Asset transferred under revocable trust, Section 4(1)(a)(iv)Asset transferred by an individual to sons wife or sons minor child including step child, Section 4(1)(a)(v)
  3. 3. Asset transferred by an individual for the benefit of sons wife, Section 4(1)(a)(vi)Interest in the asset of the firm, Section 4(1)(b).Converted property, Section 4(ia).Transfer by means of entries in the book, section 4(5a)Impartible assets section 4(6)House from a co-operative housing society section 4(7)ASSETS EXEMPT FROM WEALTH TAXProperty held under a trustThe interest of an assessee in the coparcenaries property of an HUFAny one building in the occupation of a former ruler of a princely state which has been declared by thecentral government as his official residence immediately after the commencement of the constitutionact 1971.Jeweler in possession of a ruler which has been recognized before the commencement of the wealthtax act.One house or part of the house belonging to an individual or an HUF or a plot of land comprising anarea of 500 sqmts or less.DEBTDebts owed are interpretable to mean the liability to pay a certain amount of money either in present orin future.It is an obligation to pay a liquidated or certain sum of money.It is not the point of time of payment that determines whether the claim or demand is a debt.There must be an actual debt owing on the valuation date.NET WEALTHAccording to sec 2(m), net wealth means the amount by which the aggregate value of all assetswherever located belonging to the assesse on the valuation date, is in excess of the aggregate value ofall the debts owed by the assessee on the valuation date.VALUATION DATEA very important date in the wealth tax.All the assets held by the assessee on that day are counted for the purpose of wealth tax.31 March preceding the relevant assessment year is the valuation date.RETURN OF WEALTHSec 14 deals with the filing of return of wealth.It is statutorily obligatory for every person to file the return if his net wealth exceeds maximum amountwhich is chargeable to wealth tax.He can file a belated or revised return at any time before the expiry of one year from the end of therelevant assessment year or before the completion of assessment, whichever is earlier. Thanks

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