# *FA 2020 Modification of concessional tax schemes for domestic companies u/s 115BAA(Tax on income of certain domestic companies-22%.) and u/s 115BAB(Tax on income of new manufacturing domestic companies-15%) to allow deductions U/s 80JJAA (Deduction in respect of employment of new employees) w.e.f. 01st April 2020 or section 80M (Deduction in respect of certain inter-corporate dividends) w.e.f. 01st April 2021.*

International taxation-*Model Tax Conventions Series* -KP 4 (10-07-2020)

#  *Chapter II: Definitions –Resident*

# *Resident*

  • *Resident of either CS* -A taxpayer has to demonstrate that *he is resident of one or both CSs to be able to gain access to a tax treaty and avail benefits thereunder*.
  • *Meaning of “Resident of a Contracting State”*  Any person who, under the laws of that State, is liable to tax therein by reason of his:

*Domicile*

*Residence*

*Any other similar criterion*

*Place of Management*

*Place of incorporation(POI)*

This term, however, does not include any person who is liable to tax in that State in respect only of income from sources in that state or capital situated therein.

Note: OECD MC does not contain reference to place of incorporation

  • *Tie-breaker Rule*

*In case of Individuals*

Where an individual is a resident of both CSs as per domestic tax laws of that CS, then, his residential status shall be determined by applying the *Tie-Breaker Rule* in the following sequence:

*Permanent Home*

*Centre of Vital Interests*

*Habitual abode*

*Nationality*

*Mutual agreement between Competent Authorities of the CSs*

*In case of Companies*

-Dual residence arises where one CS attaches importance to POI and the other CS to the POEM

-The tie-breaker test involves a case by case approach considering the no. of tax avoidance cases involving dual resident Cos.

-Request has to be mad by the tax payer through Article 25(MAP)

-Competent Authorities will rely on range of factors to resolve the question of dual residency.

Series continue……

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International taxation-Model Tax Conventions Series-KP 3 (09-07-2020)

# Scope of the convention (1) Persons covered (2) Taxes covered

# *Taxes covered*-

  • Taxes on Income and capital
  • The MCs apply to taxes on income and on capital imposed on behalf imposed on behalf of a CS or of its political subdivisions or local authorities, irrespective of the manner in which they are levied.
  • Coverage of taxes-Taxes on Income and on capital covers:
  • *Taxes imposed*

On Total Income

On Total Capital

On elements of income or of capital

  • Taxes included

Taxes on *gains from alienation* of movable or immovable property

Taxes on total amounts of wages or salaries paid by enterprises

Taxes on capital appreciation

Series continue……

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Financial awareness-08-08-2020-Thumb rule #1

*Tomorrow is too late, yesterday is over and now is exactly the right moment. So START financial planning Right now*

Thumb rule #1

*Understanding the measures of Moneymaking-

-*Growth* for its own sake doesn’t do any good. Growth has to be profitable & sustainable.

-*Cash generation* Cash is ‘a company’s oxygen supply. It gives you the ability to stay in business, *Get a total picture*

– *Return on assets* -Not managing only by numbers, *Velocity*-how fast a particular asset moves “through a business to a customer.

*Missing the ‘A,’ or assets part isn’t usually apparent in good times. “It’s when things are slowing down that ROA makes all the difference. Emphasize the ‘A’ continuously—so that their people are always managing the receivables, the fixed assets, and the inventories—that thrive in good times and bad.”

*Think like an Owner*

 *First*, we’re able to think of the business as a whole.

  *Second*, we see the linkages between our unit and the business as a whole.

 * Third*, we’re better able to grasp what’s happening in the outside world—such as an economic slowdown—and relate that to the business and even to our own area.”

*Growth, cash generation, and return on assets—these concepts, along with a focus on customers, form the nucleus from which everything else about a business emanates*

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2 *YouTube Link https://www.youtube.com/channel/UCtgyAk11-4JfHh1mHDyZ5bg 

*International taxation* *Model Tax Conventions Series* *KP 2 (08-07-2020)*

# Scope of the convention (1) Persons covered (2) Taxes covered

# *Persons covered*-

*Resident of Contracting State (CS)- For application of treaty, a person has to be a resident of one or both of the CSs.

*Fiscally transparent entity*-Income derived by or through a fiscally transparent entity under the tax law of either CS to be considered to be income of a resident of a CS, to the extent such income is treated, for the purposes of taxation by that State, as the income of a resident of that State.

Series continue……

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2 *YouTube Link https://www.youtube.com/channel/UCtgyAk11-4JfHh1mHDyZ5bg 

*Model Tax Conventions Series**KP 1 (07-07-2020)

# Three types of Model tax conventions (1) OECD Model (2) UN Model (3) US Model

# In OECD MC- MC between developed countries, it advocates Residence based taxation

# In UN MC- MC between developed and developing country, More emphasis on Source based taxation

#In US MC-Applied by US

Series continue……

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EEE, EET & ETE Tax Investments

*Let’s understand EEE, EET and ETE Tax Investments*

What is EEE?

EEE stands for EXEMPT EXEMPT EXEMPT and specifies three kinds of exemptions.

• Exempt 1 means that an investment qualifies for deduction. In this, a part of the annual salary/income, which is equal to the investment amount, is not taxable.

• Exempt 2 means that the interest earned on the investments is also exempted.

• Exempt 3 implies that the income generated from an investment is also not taxed during withdrawal.

EEE status is typically applicable to long-term investment instruments, with *Employer Provident Fund (EPF)* and *Public Provident Fund (PPF)*. It also includes other investment instruments such as *National Pension Scheme* and *life insurance policies*.

What is EET?

EET stands for Exempt Exempt Taxable. As the same suggests, an investor can receive two types of exemptions on his investments, while a taxable component also exists. In an EET investment:

• The first exempt denotes that you receive exemption on a stipulated investment limit, when the investment is made.

• The second exempt implies that the returns earned on the investments are also tax-exempted.

• The taxable component means that although you receive tax exemption on investment and interest accrued, you must pay taxes when you withdraw your investment.

Since the total amount i.e. the principal amount plus returns are taxed during withdrawal, you can earn lower returns from EET investments. However, this also depends on the tax slab you belong to. For example, if Mr. Sharma receives 8% returns on his investment and belongs to the 20% tax slab, he earns only 6.4% returns on his investments.

*Equity Linked Savings Schemes* or *ELSS mutual funds* fall under the EET category.

What is ETE?

ETE stands for Exempt Taxable Exempt and it is explained as follows:

• Exempt 1 denotes that the amount of income which is equal to investment amount is eligible for tax deduction basis the total limit of exemption.

• The T denotes that the interest earned on this investment qualifies as taxable

• Exempt 2 implies that the total amount withdrawn when the investment matures is tax-free.

E.g. a *tax-saving fixed deposit*

Interest accrued from his investment is taxable. ,

Invested amount and the total amount at withdrawal qualify for deduction

Organised your Work Space -USE *5S* Method(CA/CS/CMA Firms, Law Firms, Architects etc.)

5S Method explains *how a work space should be organized* for *efficiency* and *effectiveness* by *identifying and storing* the items used, *maintaining the area and items*, and *sustaining the new order*.

*Sort (Seiri)*

  • Make work easier by eliminating obstacles and evaluate necessary items with regard to cost or other factors.
  • Reduce chances of being disturbed with unnecessary items.
  • Prevent accumulation of unnecessary items.

  • Set In Order (Seiton)
  • Arrange all necessary items into their most efficient and accessible arrangements so that they can be easily selected for use and make workflow smooth and easy.
  • Ensure first-in-first-out FIFO basis, so that it is easy to find and pick up necessary items.
  • Place components according to their uses, with the frequently used components being neared to the work.
  • Shine (Seiso)
  • Clean your workplace on daily basis completely or set cleaning frequency.
  • Keep workplace safe, easy to work, clean and pleasing to work in.
  • In an unfamiliar environment, people must be able to detect any problems within 50 feet.
  • Standardize (Seiketsu)
  • Standardize the best practices in the work area.
  • Maintain high standards, orderliness, everything in order and according to its standard.
  •  Every process has a standard.
  • Sustain (Shitsuke)
  • Not harmful to anyone, training and discipline, to maintain proper order.
  • Also translates as “do without being told”.
  • Training is goal-oriented process. Its resulting feedback is necessary monthly.

Professionals firm (CA/CS/CMA Firms, Law Firms, Architects etc.) having huge amounts of paperwork and this not only makes processes slower but also allows errors to be introduced.  5S is a method of both cleaning out of working area and maintaining the cleanliness to improve process quality.