QUESTIONS & ANSWERS TO GET THE RIGHT INCOME TAX RETURN.

Q 1. Heard of New Year. What are financial year, previous year and assessment year?

Ans. A financial year (FY) is a period of 12 months commencing on 1 April of a year and ending on 31 march the next year. An assessment year is the year immediately following an FY. For the purpose of calculating income tax. FY is the period during which the income has been earned. The income earned in a FY is assessed in the following year, that is, the assessment year. For example, income earned in FY 2007-08 ( 1 April 2007 to 31 March 2008) will be assessed for tax in the year 2008-09. The year preceding the assessment year is the previous year.

Q2. What if I have not received my Form 16?

Ans. Employers are supposed to hand over Form 16 by 30 April. Ask your employer to issue Form 16 immediately so that you don’t miss the 31 july deadline for filing return for salaried employees. If you think that your employer might not issue the form in time, you can write a registered letter to him on the issue and send a copy of this to your assessing officer in time. If no tax was deducted at source, you can ask your employer for a salary certificate on his letterhead stating your salary during the financial year. This certificate can be used to file a return.

Q3. can I use my investment in ELSS this year to reduce last year’s tax liability?

Ans. No. But if you had not claimed any deductions in your previous year’s return, you may file a revised return to claim a refund, if eligible. However, fresh investment would not be eligible for deductions from last year’s income.

Q4 Taxes get deducted from my salary every month. Do I need to file income tax return?

Ans. Yes. Filing of tax is compulsory for every person whose gross total income, that is, the income under the five heads before allowing for any deduction such as insurance premium, exceeds the basis exemption limit. For financial year 2007-08 ( assessment year 2008-09), this exemption limit was 1.45 lakh for women below the age of 65 , Rs 1.95 lakh for person above 65, and Rs 1.10 lakh for any other individual. Every person failing in the tax bracket should file a return, even if his tax liabilities have been taken care of by the employer through tax deducted at source (TDS). Persons whose salaries have been subjected to TDS are also required to file return because they may have earned from sources other than salary.

Q5. I have earned under two heads-salary and capital gains. Which form should I use to file my return? How will my tax be assessed?

Ans. As an individual assessee, if you have earned income from capital gains in addition to your salary, you will have to file your return in form ITR-2. for taxation, you will have to first segregate capital gains into short-term (STCG) and long-term (LTCG). Any gain from selling shares held for more than a year is termed long-term. Gain from sale of shares held for a year or less is called short-term. If you have paid the securities transaction tax on all share trading, LTCG will be exempt from tax and STCG will be taxed at 10 per cent for FY 2007-2008. your gross tax outlay will depend on your salary income, income from capital gains, income from other sources like interest on bank deposits, and the deductions you are entitled to.

Q6. I was in two jobs. How should I file return?

Ans. The aggregated income from both your employers will be considered while calculating your tax. Ideally, both companies should give you Form 16 for
Salary earned during the relevant period. Try to get a salary certificate from your previous employer if u cannot get from him. Submit this estimate and a declaration in Form 12B to your current employer who will then incorporate these details in the Form 16 that the issues.

Q7. What if I miss the deadline of July July 31?

Ans. If there are no balance taxes to be paid, no interest or penalty will be levied if you file your return before 31 March 2009. However, there is a penalty of Rs 5,000 if you fail to file by that date. In case there are tax arrears, a penalty of 1 percent per month will be charged as interest on the taxes due.

Q8. I took up a job in Bengaluru recently. My IT return was filed in Delhi till now. Where should I file in now?

Ans. You can file your IT return either in the city you are residing in at present, or in the city where your office is located. Since you have joined a company based in Bengaluru and also shifted your residence there, you will be required to file your return at Benguluru. You should write a letter about the change of your address to your current assessing officer the change of your address to your current assessing officer and mark a copy of the same to your assessing officer in Delhi. You should also write to the IT Department to get your address a copy of your previous year’s return while filing your return at Bengaluru. This will serve as a ready reference for your current assessing officer.
Q9. Last minute planning can hurt. How do I prepare myself for next year?

Ans. This financial year (2008-09) would be better than the previous one as Budget 2008 has already brought a minimum of Rs 4,000 as tax saving for all the taxpayers. There is a gamut of instruments that can be used to avail deductions under Section 80C. The mix taken term of the various instruments. However, most taxpayers generally forget to factor in whether the income generated by the instrument is subject to tax. It is at the fag end of the wade up to the need to save taxes through investments. An in this last minute commotion and confusion, a lot investment happens in assets that are low on return, high on risk, or unsuited to the long-term financial objectives of the investor. As in life, it is always better to be an early riser in tax planning too and begin right at the dawn of a financial year, in April.

A deduction of up to Rs. 1 lakh is allowed from income every year on specified investments, expenses or payments. Among these are bank deposits with a minimum period of five years, life insurance premiums, Employees’ provident Fund. Public Provident Fund, repayment of the principal amount on housing loans, tuitions fees, National Savings Certificate and equity-linked saving schemes. Link tax saving investments to long-term goals. Gauge Section 80C instruments as tax savers and wealth creators by looking at their post-tax return.

Q10. I have misplaced my insurance receipt. Is it necessary to attach it and other relevant documents with the tax return?

Ans. No attachments are needed with the current ITR forms as the forms themselves capture most of the required information. You don’t even need to attach the computation sheet with the form. After you submit the form, the IT department cross-references the TDS details using Oltas ( Online Tax Accounting System). However, make sure to carry the photocopies of all the relevant documents to the income tax office.

Q11. Where do I file my returns?

Ans. The filing process has been centralized, so you can file your return anywhere in the country, at IT offices and even post offices. If a person has relocated, he just needs to intimate the change of address and file his return at the new location. Filing can also be done through the Internet. The help of authorized intermediaries can be taken.

Q12. TDS is nil on my income. Do I have to file return?
Ans. You may skip filing return if your taxable income was below the exempted limit. However, if your gross total income exceed the basic exemption limit, then you have to file a tax return even if no tax was deducted as source.

Q13. I do not have enough money to pay off my tax dues. What is the best way out? Should I sell off some of my equity investments?

Ans. A tax amount may be due to the government after you factor in the income from various sources like salary and capital gains. To settle this due, you may see a loan from friends or relatives or raise a personal loan from a bank. If that does not work our, you may sell some of your low – yielding shares or mutual funds. if that does not suffice, you can use your credit card to raise funds. arrange for the funds in the quickest possible time and try to pay of any debt you run while raising the funds as soon as possible.

Q14. I bought shares worth Rs. 1.25 lakh last year. Do I have to disclose that and other transactions?

Ans. Certain disclosures are mandatory while filing an income tax return. Among these are investments above a specified amount in bank deposits, mutual funds, shares and property in the financial year for which the return is being filed, 2007-08 in this case. The cut-off amount of investment from where disclosure should be made is Rs. 1 lakh, or more for shares, Rs 2 lakh for credit card payments, up to Rs. 10 lakh for deposits in one bank during the year, Rs. 2 lakh for mutual funds. Rs. 5 lakh or more for bonds or debentures issued by a company, Rs. 5 Lakh or more for RBI bonds and Rs 30 lakh or more for the purchase or from the sale of immovable property.

Q15. My wife earns Rs 10,000 per month from part time coaching classes at an institute. Is she required to declare her income and file tax return?

Ans. For FY 2007-08, the basic exemption limit for not filing return for females is Rs. 1.45 lakh per annum. Your wife is earning Rs. 1.2 lakh per annum, which is below the taxble limit. Therefore, it is not mandatory for her to file her income tax Rs. 1.8 lakh per year from FY 2008-09. Filling of return will be required once her income crosses this limit. Also, she will need a PAN card to file returns then.

Q16.Incurred losses last year while trading in shares. Can gains from other sources set these off?

Ans. Short-term capital losses can be set off against long-term (LTCG) or short-term capital gains can only be set off against LTCG. Loss from trading in shares cannot, however, be set off against gains from ‘other incomes’. A loss that is not wholly set off in the financial year in which it is incurred can be carried forward to eight succeeding assessment years.

Q17. I don’t have a PAN card. How do I file may return?

Ans. The Permanent Account Number (PAN) is compulsory entry in the tax return form. If you have lost the card and forgotten the number too, get your PAN number and also a new copy of your card by giving your personal information to the Income Tax Department. The tax return form needs only the number, so you can file return if you get that in time. If you have not obtained a PAN card till now, you should apply for one. Act fast as the last date for filing returns is very close.

Q18. My minor child Is earning an income. Should I file a separate return on her behalf?

Ans. It depends on the source of income. In case the child has earned income using her talent, it will be assessed in her hands and you will have to file return as the guardian of the child. However, if the resources from where income has arisen belong to you, it will be clubbed with your income.

Q19. I am a salaried employee. I don’t know whether I am liable to pay advance tax. If I am, is there a penalty if I don’t pay?

Ans.Payment of tax in advance on the income of the current financial year is compulsory for every person liable to pay tax in India. However, there isno need to pay advance tax if the total tax payable for the year is less than Rs. 5,000 or if the employer has deducted tax from the salary as TDS. Non payment or short payment of advance tax will attract penal interest.


Q20. My brother is abroad and will return after 31 July. How can he file his return?
Ans. If your brother had left India without signing on the ITR form, offline of return is not possible. The only way for him to file his return in that case is to log on to a computer and let technology work for him. He can do this from any where in the world. He will need to use his digital signature.

NINE VALUABLE INCOME TAX DEDUCTIONS (U/S 80)

Look beyond section 80c to cut your tax burden further. Remember, you will have to spend under a specific head to claim these sweet little tax breaks. Charity, Education Loans and Medical Bills; All qualify for a tax break.


Section 80C

Qualifying products: NSC, notified bank deposits and post office time deposits, EPF and PPF, ELSS, life insurance plans, deferred pension plans.

Mandatory requirements: payment has to be made before 31 March 2008.

Who can avail the deduction: individuals and HUF( Hindu Undivided Family) both resident and non-resident.

How much: Cannot exceed Rs 1 lakh.


Section 80CCC

Qualifying products: Pension plans of life insurers.

Mandatory requirements: Payment has to be made before 31 March 2008.

Who can avail the deduction: Individuals.

How much: Within the overall limit of Section 80C (up to Rs one lakh.


Section 80D

Qualifying products: Medical insurance policies taken for self, spouse, dependent parents or children, or any member of HUF.

Mandatory requirements: Premium should be paid through a cheque out of income chargeable to tax.

Who can avail the deduction: Individuals, HUF

How much: Up to Rs. 15,000; senior citizens can claim up to Rs. 20,000


Section 80DD

Qualifying products: Expenses on the medical treatment of a dependent who is a person with a disability of a dependent who is a person with a disability.

Mandatory requirements: Certification by a medical authority.

Who can avail the deduction: Resident individual or HUF

How much: Up to Rs. 50,000 or up to Rs. 75,000 if the dependant is a person with severe disability.


Section 80DDB

Qualifying products: Expenses on the medical treatment of a specified disease ( cancer, AIDS, neurological diseases, chronic renal failure and more)

Mandatory requirements: Certificate in Form No. 10-I to be submitted along with the income tax return form. Deduction is available if the amount is actually paid for treatment.

Who can avail the deduction: Resident individuals or HUF

How much: Rs 40,000 ( if the person treated upon is less than 65 years of age), or Rs 60,000 ( if the age of the person treated is 65 years or more)


Section 80E

Qualifying products: Payment of interest on loan taken for higher studies.

Mandatory requirements: Deduction is available in the year in which repayment stats and only for eight immediately succeeding assessment years.

Who can avail the deduction: Individuals.

How much: Deduction available on the total interest portion of education loan, the principal repayment gets no tax advantage.


Section 80G

Qualifying products: Donations to certain funds and charitable institutions.

Mandatory requirements: Not applicable.

Who can avail the deduction: Resident individuals or HUF

How much: 50 or 100 percent deduction on the entire donated amount, or 50 or 100 percent deduction subjet to 10 per cent of gross total income.


Section 80GG

Qualifying products: Rent paid for residential purpose.

Mandatory requirements: Should not be getting house rent allowance. Actual rent paid is in excess of 10% of the total income.

Who can avail the deduction: Self-employed or salaried.

How much: Excess of actual rent paid over 10% of GTI, or 25% of GTI(Gross Total Income), or Rs 2,000 per month, whichever is the lowest.


Section 80U

Qualifying products: Expenses incurred on self, if disabled.

Mandatory requirements: Certification by a medical authority to be furnished along with the income tax return form.

Who can avail the deduction: Resident individuals.

How much: Rs 50,000 for a person with disability, Rs 75,000 for a person with severe disability( disability of over 80 %)

Tax benefits of a housing loan

Tax benefits of a housing loan

Repaying a housing loan? There is a lot to look forward to by way of deductions and rebate.Interest paid on capital borrowed for the acquisition or construction of property is entitled to a deduction. The maximum amount eligible for deduction is Rs 150,000. You also get a 20% rebate on repayment of principal of the housing loan. While this was earlier subject to a maximum of Rs 20,000.
Conditions
You should be residing in the home for which the loan is taken. If you are residing in a city but buying property in your home town to prepare for retirement, this will not be applicable.
Points to note
You may find it more convenient and cheaper to finance the property out of your own resources. But do remember, you would be losing the tax shelter on account of the deduction available as well as the tax rebate. You can claim a rebate for housing loan only on producing the interest certificate from the lending institution. Taking a loan from a family member or a friend may get a you a cheaper rate of interest, or no interest at all, but will not qualify for such deductions. Only loans taken and interest paid thereon, to specified financial institutions which offer housing loans, qualify for deduction under the Income Tax Act, 1961.
If the loan is jointly taken by you and your spouse, you both are entitled to tax benefits. Since both will be claiming the deductions and rebate, you will have to approach the financial institution and ask for a certificate. This certificate will state how much of the loan is your responsibility and how much you are contributing towards the repayment. Your tax deduction and rebate can be calculated based on this amount.