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CBDT comes up with draft rules for levy of tax on share buy-back of unlisted companies

26 Jul 2016 Evaluate

Central Board of Direct Taxes (CBDT) has came out with draft rules for determining the quantum of distributed income arising out of buy back of shares of unlisted companies for levy of tax. The tax authorities have invited comments and suggestion on the above draft rules by July 31.

The draft rule describes that where the share has been issued by a company on its subscription by any person, the paid up amount actually received by the company in respect of such share including any amount actually received by way of premium shall be the amount received by the company for issue of the share. Besides, where the company had at any time, prior to the buy-back of the share, returned any sum out of the amount received in respect of such share the amount as reduced by the sum so returned would be the amount received by the company for issue of the share.

The draft stated that the Finance Act, 2016 amended the definition of distributed income, the consideration paid by the company on buy back of shares as reduced by the amount, which was received by the company for issue of such shares, determined in the manner as may be prescribed. The present amendment that will take effect from June 1, seeks to remove the limitations created by the restrictive meaning of buy back under the existing provisions.

In 2013, the Centre had come up with a provision to subject unlisted companies resorting to buyback of shares to 20 per cent tax on the incomes distributed by them through this route. This was essentially aimed at curtailing companies from distributing dividends under the garb of buyback of shares.

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