In a bid to give relief to start-up investors from the Angel Tax, the government has simplified process for seeking income tax exemption by startups on investments from angel funds and prescribed a 45-day deadline for a decision on such applications. The move has come in backdrop of the startup community claiming receipt of notices under Section 56(2) (viib) of the Income Tax Act from the tax department to pay taxes on investment by angel funds. Entrepreneurs have raised concerns over these tax notices.
With the new notification, startup will apply, with all the documents, to the Department of Industrial Policy and Promotion (DIPP). The application of the recognised startup shall be moved by the department to the Central Board of Direct Taxes (CBDT) with necessary documents. Earlier, the procedure was carried out by an inter-ministerial board of certification. The entire process has been simplified by making an application to CBDT through the DIPP. The earlier requirement of startup to submit report from merchant banker specifying the fair market value of shares has also been removed.
A startup which is recognised by the DIPP would be eligible to seek the exemption, subject to certain conditions. Startups will have to provide account details and return of income for last three years. Similarly, investors would also have to give its net worth details and return of income. The revised norms would apply to startups seeking exemption after the issuance of the notification. The new norms would not apply to those entrepreneurs who have received notices from tax authorities. These new norms are likely to encourage startups to get exemptions as many of them earlier refrained from seeking this benefit due to documentation processes.
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