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EVENT MANAGEMENT SERVICE
    Definition and scope of service:

     (i) "Event Management" means any service provided in relation to planning, promotion,
     organizing or presentation of any arts, entertainment, business, sports, [marriage] * or any
     other event and includes any consultation provided in this regard;
     (Section 65(40) of the Finance Act, 1994)

     (ii) "Event Manager" means any person who is engaged in providing any service in
     relation to event management in any manner; (Section 65(41) of the Finance Act, 1994)

     “Taxable Service” means any service provided or to be provided, [to any person], by an
     event manager in relation to event management. (Section 65 (105) (zu) of the Finance Act,
     1994)

Rate of Tax & Accounting Code:
                            Rate of Tax                          Accounting Code
            Service Tax           10% of the value of 00440197
                                  services
            Education Cess        2% of the service tax 00440298
                                  payable
            Secondary       and 1% of the service tax 00440426
            Higher Education payable.
            cess
            Other             – As levied or applicable 00440198
            Penalty/interest
           (Rate of tax is effective from 24.02.2009.)


Following taxes are to be paid by an event management company. Income Tax, TDS (Tax
deducted at source), service tax, entertainment tax and taxes related to moving goods and
merchandise from one destination to others. Get PAN card to file Income Tax return. TAN card
to file TDS return. Get registration for service tax. The service tax on event management
companies in India is 12.36%



                    CORPORATE BASED ENTERTAINMENT EVENTS

Tax rules can be confusing when dealing with business entertaining expenses. Below are
examples of the three main types of business entertainment and their tax implications.

The three types are client entertaining, staff entertaining and subsistence.
Reclaim      Offset Corp       Avoid Income Tax &
     Example                                                                           Type
                         VAT             Tax                  NICs
                                                                                Client
Meal with client     No             No               Yes
                                                                                entertainment
Drinks for
                   Yes              No               No                         Staff entertainment
employees
Hotel for employee Yes              Yes              Yes                        Subsistence

There are different types of tax involved. We will look at the implications of these in turn.

   1. Value added tax
   2. Corporation tax
   3. Income tax and National insurance contributions

1. Value added tax

Reclaiming VAT on Business Entertainment

You cannot reclaim VAT on business entertainment. Business entertainment is defined as any
form of free or subsidised entertainment or hospitality to non-employees.

You can reclaim VAT on employee expenses and entertainment expenses if those expenses relate
to travel and subsistence or where you entertain only employees.

VAT: Examples of non-tax allowable business entertainment

i.e. business entertainment for non-employees:

       food and drink
       accommodation – eg hotels
       theatre and concert tickets
       sporting events and facilities
       entry to clubs and nightclubs
       use of capital assets such as yachts and aircraft
       payments made to third party business entertainment organisers
       free samples
       business gifts
       when you provide entertainment or hospitality only for the directors or partners of your
       business

2. Corporation Tax

An expense is tax allowable for corporation tax purposes if it is wholly and exclusively used for
business purposes. An exception to this rule is business entertainment.
Business entertainment is not allowable for corporation tax purposes. There are of course a
couple of exceptions to the rule.

Corporation Tax: Examples of tax allowable business entertainment

       Staff entertainment
       Subsistence
       Sponsorship if wholly and exclusively for the business

3. Income Tax and National Insurance Contributions
Income tax and employee NICs (Class 1) are a tax on the employee whereas employers NICs
(Class 1a) are a tax on the employer.

The basic rule is that if you provide an employee with anything other than pay it may count as an
expense or benefit.

Expenses that are wholly, exclusively and necessarily incurred in the performance of duties are
not subject to income tax and NICs. For example staying in a hotel on a business trip
(subsistence) does not attract these taxes.

When an employee receives a benefit in kind they may be liable to tax on that benefit.
Entertainment is a benefit in kind and has the following implications.

          Example               Income Tax Due Class 1 NICs Due
Employer entertains a client    No             No
Employer entertains an employee Yes            Yes


                                              TDS



The best way to make a differciation in 194J and 194C is to bifurcate between Contractual
amount and professional Charges. I.e. Procure a bill from the event management in a way which
specifies Total amount towards contract expenses (which will attract TDS @ 2%/1% u/s 194C)
and Event Management Charges (Which will attract TDS @ 10% u/s 194J)

                                   POLICE PERMISSION

       Permission for your loudspeaker: According to the Noise Pollution (Regulations and
       Control) Rules 2000, a loudspeaker or a public address system shall not be used at night
       between 10 p.m. to 6 a.m. But New Year is special case where concerned authority
       allows you to play music or use loudspeaker for your New Year party. For conducting
       pooja / birthday party / family get-together or religious ceremony at your residence, you
       don’t require a premises or performance license. However, if you intend to use a
       loudspeaker, you will have to make an application to the concerned Police station. The
authorities do not permit loudspeaker in silence zone. Silence Zone is an area comprising
       not less than 100 meters around hospitals, educational institutions, courts, religious places
       or any other area which is declared as such by the competent authority.

       License for serving liquor in parties: A consumer is allowed to keep 18 liters of
       IMFL/Beer (in any proportion) at his residence at a time for bonafide consumption by
       him and family members/guests. For higher possession, he can apply to the Department
       for a permit for which a fee of Rs. 2000/- is charged. For serving liquor in the party,
       association or club has to get special or temporary excise license. Temporary Excise
       License is issued for parties hosted by individual (L49A) and Licensed Hotel, Club,
       Restaurant inside their premises (L20).



       Parking Space: Lack of parking space is one of the problems facing in developing cities.
       Police and concerned authorities limit the parking or restrict the entry of certain vehicles
       on New Year eve. If you are planning to organize or host a New Year party in your
       apartment and planning to invite your friends, relatives or colleagues, ensure that your
       apartment provides parking space for their vehicle.

       No Objection Certificate: For organizing or hosting a New Year party you need to get
       No Objection Certificate (NOC). If you are organizing party in your apartment, you
       need to get NOC from your landlord or neighbors in your apartment and from
       apartment owners association. If apartment owners association is conducting or hosting
       the New Year party, they will have to get NOC from its members and residents in
       apartment.

Other NOC required for your organizing or hosting New Year party are

       NOC from property manager or Apartment Owners Association
       NOC from concerned Police station,
       NOC from Fire Brigade,
       NOC from Electrical Inspector,
       NOC from Health Department of BMC (if eatables are being served)

       Safety and security: If your event management has been outsourced to an external co-
       coordinator, ask for, and review their risk assessment plan. Make sure you have
       emergency medical aid and review arrangements to ensure the safety and security of
       the attendees. Taking a personal interest in the arrangements even if you have outsourced
       them will ensure that everything gets your personal attention. In the party serving liquor,
       woman and girls safety should be given higher priority. Teens and college girls should
       never travel alone on New Year eve.

The preparation should start well in advance, if one is to avoid last minute crunches and party-
fright. The best way to save time and effort is to plan a menu that is no fuss, healthy and tasty-
something that the guests enjoy eating. Get NOC from concerned authority and ensure the safety
and security of the attendees.

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Event management service

  • 1. EVENT MANAGEMENT SERVICE Definition and scope of service: (i) "Event Management" means any service provided in relation to planning, promotion, organizing or presentation of any arts, entertainment, business, sports, [marriage] * or any other event and includes any consultation provided in this regard; (Section 65(40) of the Finance Act, 1994) (ii) "Event Manager" means any person who is engaged in providing any service in relation to event management in any manner; (Section 65(41) of the Finance Act, 1994) “Taxable Service” means any service provided or to be provided, [to any person], by an event manager in relation to event management. (Section 65 (105) (zu) of the Finance Act, 1994) Rate of Tax & Accounting Code: Rate of Tax Accounting Code Service Tax 10% of the value of 00440197 services Education Cess 2% of the service tax 00440298 payable Secondary and 1% of the service tax 00440426 Higher Education payable. cess Other – As levied or applicable 00440198 Penalty/interest (Rate of tax is effective from 24.02.2009.) Following taxes are to be paid by an event management company. Income Tax, TDS (Tax deducted at source), service tax, entertainment tax and taxes related to moving goods and merchandise from one destination to others. Get PAN card to file Income Tax return. TAN card to file TDS return. Get registration for service tax. The service tax on event management companies in India is 12.36% CORPORATE BASED ENTERTAINMENT EVENTS Tax rules can be confusing when dealing with business entertaining expenses. Below are examples of the three main types of business entertainment and their tax implications. The three types are client entertaining, staff entertaining and subsistence.
  • 2. Reclaim Offset Corp Avoid Income Tax & Example Type VAT Tax NICs Client Meal with client No No Yes entertainment Drinks for Yes No No Staff entertainment employees Hotel for employee Yes Yes Yes Subsistence There are different types of tax involved. We will look at the implications of these in turn. 1. Value added tax 2. Corporation tax 3. Income tax and National insurance contributions 1. Value added tax Reclaiming VAT on Business Entertainment You cannot reclaim VAT on business entertainment. Business entertainment is defined as any form of free or subsidised entertainment or hospitality to non-employees. You can reclaim VAT on employee expenses and entertainment expenses if those expenses relate to travel and subsistence or where you entertain only employees. VAT: Examples of non-tax allowable business entertainment i.e. business entertainment for non-employees: food and drink accommodation – eg hotels theatre and concert tickets sporting events and facilities entry to clubs and nightclubs use of capital assets such as yachts and aircraft payments made to third party business entertainment organisers free samples business gifts when you provide entertainment or hospitality only for the directors or partners of your business 2. Corporation Tax An expense is tax allowable for corporation tax purposes if it is wholly and exclusively used for business purposes. An exception to this rule is business entertainment.
  • 3. Business entertainment is not allowable for corporation tax purposes. There are of course a couple of exceptions to the rule. Corporation Tax: Examples of tax allowable business entertainment Staff entertainment Subsistence Sponsorship if wholly and exclusively for the business 3. Income Tax and National Insurance Contributions Income tax and employee NICs (Class 1) are a tax on the employee whereas employers NICs (Class 1a) are a tax on the employer. The basic rule is that if you provide an employee with anything other than pay it may count as an expense or benefit. Expenses that are wholly, exclusively and necessarily incurred in the performance of duties are not subject to income tax and NICs. For example staying in a hotel on a business trip (subsistence) does not attract these taxes. When an employee receives a benefit in kind they may be liable to tax on that benefit. Entertainment is a benefit in kind and has the following implications. Example Income Tax Due Class 1 NICs Due Employer entertains a client No No Employer entertains an employee Yes Yes TDS The best way to make a differciation in 194J and 194C is to bifurcate between Contractual amount and professional Charges. I.e. Procure a bill from the event management in a way which specifies Total amount towards contract expenses (which will attract TDS @ 2%/1% u/s 194C) and Event Management Charges (Which will attract TDS @ 10% u/s 194J) POLICE PERMISSION Permission for your loudspeaker: According to the Noise Pollution (Regulations and Control) Rules 2000, a loudspeaker or a public address system shall not be used at night between 10 p.m. to 6 a.m. But New Year is special case where concerned authority allows you to play music or use loudspeaker for your New Year party. For conducting pooja / birthday party / family get-together or religious ceremony at your residence, you don’t require a premises or performance license. However, if you intend to use a loudspeaker, you will have to make an application to the concerned Police station. The
  • 4. authorities do not permit loudspeaker in silence zone. Silence Zone is an area comprising not less than 100 meters around hospitals, educational institutions, courts, religious places or any other area which is declared as such by the competent authority. License for serving liquor in parties: A consumer is allowed to keep 18 liters of IMFL/Beer (in any proportion) at his residence at a time for bonafide consumption by him and family members/guests. For higher possession, he can apply to the Department for a permit for which a fee of Rs. 2000/- is charged. For serving liquor in the party, association or club has to get special or temporary excise license. Temporary Excise License is issued for parties hosted by individual (L49A) and Licensed Hotel, Club, Restaurant inside their premises (L20). Parking Space: Lack of parking space is one of the problems facing in developing cities. Police and concerned authorities limit the parking or restrict the entry of certain vehicles on New Year eve. If you are planning to organize or host a New Year party in your apartment and planning to invite your friends, relatives or colleagues, ensure that your apartment provides parking space for their vehicle. No Objection Certificate: For organizing or hosting a New Year party you need to get No Objection Certificate (NOC). If you are organizing party in your apartment, you need to get NOC from your landlord or neighbors in your apartment and from apartment owners association. If apartment owners association is conducting or hosting the New Year party, they will have to get NOC from its members and residents in apartment. Other NOC required for your organizing or hosting New Year party are NOC from property manager or Apartment Owners Association NOC from concerned Police station, NOC from Fire Brigade, NOC from Electrical Inspector, NOC from Health Department of BMC (if eatables are being served) Safety and security: If your event management has been outsourced to an external co- coordinator, ask for, and review their risk assessment plan. Make sure you have emergency medical aid and review arrangements to ensure the safety and security of the attendees. Taking a personal interest in the arrangements even if you have outsourced them will ensure that everything gets your personal attention. In the party serving liquor, woman and girls safety should be given higher priority. Teens and college girls should never travel alone on New Year eve. The preparation should start well in advance, if one is to avoid last minute crunches and party- fright. The best way to save time and effort is to plan a menu that is no fuss, healthy and tasty-
  • 5. something that the guests enjoy eating. Get NOC from concerned authority and ensure the safety and security of the attendees.