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The verdict is finally out, whether you like it or not, the Fringe Benefit tax is finally in place. On passage of the Finance Bill 2005, a new set of tax called Fringe Benefit tax (FBT) is introduced. Though the Finance Minister has promised that the feelings of the Corporate India will be looked into , nothing much happened finally. The Finance Minister had proposed thirty percent tax on the taxable value in his budget and many expected that he will have a relook at it and downscale it. He has only marginally modified the taxable portions forming part of Fringe benefit between the bill and the Act passed.
The Finance Minister had said that the basic purpose of this tax is that a large proportion of benefits flow indirectly to salaried class which are not specific to each employee but are enjoyed collectively by employees. The list of items coming under FBT is too extensive and he has not left any stone unturned. In the case of telephone expenditure, the taxable value has been increased from 10% to 20% and in certain cases pertaining to entertainment and sales promotion the same have been reduced from 50% to 20% . The amendments have been made arbitrarily.
One of the items which attracts FBT is Repairs and running of motorcars. The taxable value for this purpose is 20% of the amount incurred on fuel , repairs and depreciation. It is to note that even depreciation has not been spared and has been included for arriving at the taxable value . It should have been atleast limited to the expenses paid during the year. As per Valuation of perquisite rules, fixed amounts are specified as perquisites based on the usage, ownership and capacity of the motor vehicle used. This was a better method than taxing at a adhoc rate. Depreciation by private companies is normally calculated at the end of the year. Now as depreciation has been included in the taxable value, depreciation should be calculated on a monthly basis. As any improper calculation will lead to shortfall in payment of tax and interest will be levied. Normally the rates applied in the books of account will be as per Schedule XIV of the companies Act. Some of the corporates charge depreciation at higher rates as the Companies Act permits so. Those who are depreciating at higher...
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