Section 115JC of Income Tax Act: A Comprehensive Guide

Introduction

Section 115JC of Income Tax Act 1961 aims to ensure a minimum tax payment level for individuals, Hindu Undivided Families (HUFs), and firms. This provision helps the government prevent situations where taxpayers, despite having substantial income, pay little or no taxes due to exemptions, deductions, or other incentives. Section 115JC was introduced to ensure taxpayers contribute a fair share of taxes to the government, even if they are eligible for various deductions.

In this article, we will explore Section 115JC of income tax act in detail, discussing its objectives, applicability, exemptions, and calculations, among other aspects.

What is Section 115JC of the Income Tax Act?

Section 115JC of Income Tax Act applies to individuals, Hindu Undivided Families (HUFs), and firms (excluding companies) who are subject to Alternate Minimum Tax (AMT). AMT ensures that these taxpayers pay a minimum tax rate, even if they qualify for various exemptions and deductions under the Income Tax Act.

This provision was introduced to counter aggressive tax planning strategies that significantly reduce tax liabilities, even for high-income earners, by allowing excessive deductions. Section 115JC applies to taxpayers with lower incomes after deductions than the threshold set by the AMT system.

Example: Suppose a person has a total income of ₹10,00,000 but claims ₹9,00,000 worth of deductions. Without Section 115JC, they would only pay taxes on ₹1,00,000. However, under the provisions of Section 115JC, the individual will have to pay taxes on a minimum base of ₹10,00,000 after considering the AMT.

Objectives of Section 115JC of Income Tax 

The primary objectives of Section 115JC of income tax are:

1. Ensure Minimum Taxation: AMT ensures that taxpayers with high incomes pay at least a minimum amount of tax, regardless of deductions and exemptions.
2. Prevent Tax Evasion: It prevents taxpayers from using excessive exemptions or deductions to avoid paying taxes.
3. Tax Fairness: This section promotes fairness in the tax system by reducing unequal tax burdens among taxpayers.

Example: A high-income individual earning ₹20,00,000 may qualify for various deductions, reducing their taxable income substantially. Without AMT, they may pay very little tax. Section 115JC ensures that a minimum tax of, say, ₹1,50,000 is paid, even after deductions.

Section 115JC of Income Tax Act Applicability

Section 115JC of income tax act applies to non-corporate assessees, which includes:

• Individuals: Persons earning income from salary, business, or other sources.
• Hindu Undivided Families (HUFs): A family unit earning income.
• Firms (excluding LLPs and companies): Partnerships and sole proprietorships that earn income.

However, it does not apply to companies (as they are covered under different tax provisions).

Key Features of Section 115JC 

• AMT Calculation: The income is first adjusted by adding certain exemptions, deductions, and rebates to calculate the “Adjusted Total Income.” Then, the AMT is calculated at 18.5% of this Amount.

• Minimum Tax: The tax calculated per the standard tax rates is compared with the AMT. If the AMT is higher, the taxpayer has to pay the AMT.

• Adjusted Total Income: It includes all income sources minus deductions claimed under Chapter VI-A (e.g., Section 80C, 80D).

• Tax Credit: If AMT is paid, it can be carried forward for the next 15 years and used to offset the regular tax liability, subject to certain conditions.

Example: If an individual’s Adjusted Total Income is ₹12,00,000, the AMT payable will be 18.5% of ₹12,00,000, which equals ₹2,22,000. If the standard tax liability is lower than this, the taxpayer will need to pay ₹2,22,000 as AMT.

How to Calculate Alternative Minimum Tax Under Section 115JC?

The calculation involves the following steps:

1. Determine the Total Income: This includes all types of income, such as salary, business, or capital gains.
2. Add back specified deductions and exemptions: Certain deductions, such as Section 80C, 80D, etc., are added to the total income.
3. Calculate Adjusted Total Income: This is the income after adding back deductions and exemptions.
4. Apply AMT Rate: The AMT rate of 18.5% is applied to the Adjusted Total Income.
5. Compare Normal Tax Liability with AMT: If AMT exceeds the regular tax, the taxpayer must pay AMT.

Example:

• Total Income = ₹10,00,000
• Deductions under Section 80C = ₹1,50,000
• Adjusted Total Income = ₹10,00,000 + ₹1,50,000 = ₹11,50,000
• AMT @ 18.5% = ₹2,13,000
• Normal Tax Liability = ₹1,50,000
• Since AMT is higher, the taxpayer must pay ₹2,13,000 as tax.

Exemptions Under Section 115JC of Income Tax Act

While AMT ensures a minimum level of tax, certain deductions are still allowed. These include:

• Basic exemptions: These continue to be available for non-corporate assessees.

• Certain rebates and allowances: These are subject to the overall tax liability and do not affect AMT calculation.

• Section 80C, 80D, etc.: These are added back while calculating the Adjusted Total Income for AMT.

Common Mistakes to Avoid:

• Misunderstanding the difference between regular tax and AMT.

• Failing to add back the proper deductions when calculating Adjusted Total Income.

• Not utilizing AMT credit for future tax adjustments.

Impact of Section 115JC on Tax Planning

Section 115JC of income tax act can significantly affect tax planning strategies. Taxpayers accustomed to reducing their taxable income through multiple deductions may pay a higher tax if their deductions result in an income below the AMT threshold. It is crucial to adjust tax planning strategies accordingly.

Common Misunderstandings About Section 115JC of income tax act

• AMT applies only to high-income earners: AMT may affect those who claim multiple deductions or exemptions, even with moderate incomes.
• Deductions under Section 80C are not allowed under AMT: While these deductions are added back to calculate AMT, they are still available for regular tax purposes.

Consequences of Non-Compliance with Section 115JC

Failure to comply with Section 115JC can lead to severe penalties, including:

• Interest on unpaid taxes: If AMT is applicable but not paid, interest will be levied under sections 234A, 234B, and 234C.
• Penalties for failure to file returns: Non-filing income tax returns can result in penalties.

Conclusion

Section 115JC ensures that non-corporate taxpayers contribute a minimum amount of tax, even when they claim various exemptions and deductions. Understanding how to calculate and apply the AMT is essential for effective tax planning and compliance. Ensure you seek professional advice to optimize your tax situation and avoid common pitfalls.

RegisterKaro offers expert advice and assistance in navigating complex tax provisions, ensuring compliance, and optimizing tax liabilities. Contact us today to get personalized guidance.

FAQs

1. Who is liable to pay AMT under Section 115JC?
A: Non-corporate taxpayers, including individuals, HUFs, and firms, are liable to pay AMT if their income falls below the prescribed threshold after deductions.

2. Is section 115JC applicable to individuals?
A: No, Section 115JC of the Income Tax Act applies only to individuals, HUFs, and firms if they claim deductions under Section 10AA or Chapter VI-A.

3. Can AMT be carried forward?
A: Yes, AMT can be carried forward for up to 15 years to offset regular tax liabilities in the future

4. Is AMT applicable to companies?
A: No, AMT applies only to non-corporate taxpayers.

5. How can I avoid paying AMT?
A: Ensure your taxable income is above the AMT threshold, or reduce your claimable deductions carefully.

6. Is the AMT paid under Section 115JC refundable?
A: No, AMT is not refundable, but it can be carried forward for future adjustments.

7. What exemptions are available under Section 115JC?
A: Some exemptions are allowed, but many deductions under Chapter VI-A are added back when calculating AMT.