The place a personal restricted firm points shares over and above its Honest Market Worth (FMV) to an investor resident in India, such extra premium attracts tax underneath Part 56(2)(viib) of the Earnings tax Act. (The part treats the distinction between the problem costs and FMV as ‘revenue’.)
Nonetheless, as part of Begin-up India Scheme, aid from such tax on extra premium is granted to start-ups recognised by the DPIIT and fulfilling sure specified situations.
Such start-ups are required to file an software in Type 2 together with a declaration on Begin-up India Hub which is then forwarded to the Central Board of Direct Taxes (CBDT).
Begin-ups in search of exemption from tax on extra premium are required to fulfil three situations – the first situation being that start-up is recognised by the DPIIT.
The second situation limits the mixture quantity of paid-up share capital and share premium to ₹25 crore, however excludes shares issued to non-residents, enterprise capital firm/ fund and specified corporations.
The third situation says that the share premium cash can’t be used for getting issues like land and constructing, automobile, plane, yatch and jewelry, for seven years. It can not even be used for investing in both fairness or debt of different entities.
Methods for open market valuation
For angel tax exemption, two valuation strategies have been prescribed [under Rule 11UA(2) of the Income tax Rules] for figuring out FMV of unlisted fairness shares—web asset worth and discounted money stream.
The previous is predicated on audited monetary statements and the latter is decided by Class I Service provider Banker. The beginning-up could select one of many two.
On account of the immense potential upside of distinctive and modern enterprise concepts, start-ups often command considerably greater valuation utilizing the DCF technique as in contrast with common companies.
Angel tax safety for ongoing proceedings
Type 2 entails a declaration for adhering to crucial underlying situations and submitting the identical would render the provisions of Part 56(2)(viib) inapplicable to start-ups.
Additional, the CBDT had mentioned that any calls for and appeals regarding Part 56(2)(viib) can be dropped.
(The author is Accomplice at Nangia Andersen LLP)