Taxmann's Taxation of Start-ups & Investors – Focused analysis starting from recognising start-ups to their taxation with DPIIT Guidelines, IMB Decisions, Case Laws, etc. [Finance Act 2023]  (Paperback, Taxmann)

This is a handy book for the taxation of start-ups & investors, including, but not limited to, the following: (i) Tax Holiday u/s 80-IAC of the Income-tax Act 1961 (ii) Angel Tax Exemption All topics related to the taxation of start-ups & investors are discussed in light of the following: (i) Department for Promotion of Industry and Internal Trade (DPIIT) Guidelines (ii) Inter-ministerial Board (IMB) Decisions made in IMB Meetings (iii) Relevant Legal Provisions (iv) Case Laws, including the landmark decision of Raw Pressery (P.) Ltd. vs ACIT [2022] 143 taxmann.com 158 (Mumbai-Trib.) The Present Publication is the 6th Edition and has been amended by the Finance Act 2023. This book is authored by Taxmann's Editorial Board with the following noteworthy features: (i) [Start-up Ready Reckoner] (A) Eligibility Ready Reckoner for tax holiday u/s 80-IAC (B) Compliance Ready Reckoner for turnover-limit linked compliances/exemptions for the following entities: (1) Private Companies (2) Limited Liability Partnership (3) Traditional/General Partnership Firm (C) Tax Benefits available for DPIIT-recognised start-up private limited companies based on their turnover (ii) [Tabular Format of Tax Holiday for Start-ups approved by IMB] in the following cases: (A) Grounds of Innovation (B) Grounds of Scalability (C) Grounds of Employment Generation or Wealth Creation (D) Grounds of Improvement in Products (iii) [Detailed Analysis of Finance Act 2023 Amendments] including new provisions regarding taxation & TDS on winnings from online games (iv) [Detailed Analysis with a Specific Focus] on the following topics: (A) Revised Guidelines for recognition of start-up (B) Process of IMB Certification for a tax holiday (C) Options of low tax rate regime u/s 115BAA/115BAB without tax holiday (D) Relative tax efficacy of various start-up entity forms, such as: (1) Registered Partnership Form (2) Limited Liability Partnerships (3) Private Limited Companies (E) One Person Company as a start-up entity form (v) [Case Studies] of acceptance/rejection by IMB of a start-up's application for a tax holiday (vi) [FAQs] are given at the start of the book (vii) [Detailed Analysis of Difference between MSMEs and Start-ups] and benefits available under the MSMED Act, 2006 The detailed contents of the book are as follows: (I) What is a start-up? (II) Distinction between start-ups and MSMEs (III) What is the criteria for recognition of start-ups by DPIIT (IV) Start-ups eligible for DPIIT – Recognition (V) OPC as a start-up entity (VI) Innovation/scalable business model (VII) Start-up entities not eligible for DPIIT recognition (VIII) Sole proprietorships – Whether eligible for DPIIT recognition (IX) Entities formed as a result of amalgamations/mergers/demergers/absorption, whether eligible for DPIIT recognition (X) Entities formed as a result of compromise/arrangement – Whether eligible for DPIIT recognition (XI) Holding & subsidiary companies – Whether eligible for DPIIT recognition (XII) Joint Ventures – Whether eligible for DPIIT recognition (XIII) Entities incorporated outside India – Whether eligible for DPIIT recognition (XIV) Entities with foreign shareholding/stake – Whether eligible for DPIIT recognition (XV) Entities formed by splitting up/reconstruction of an existing business – Whether eligible for DPIIT recognition (XVI) Entities incorporated with common director/DP/partner – Whether eligible for DPIIT recognition (XVII) Procedure for DPIIT – Recognition of start-up (XVIII) Name change by DPIIT – Recognised start-up entity – Whether permitted (XIX) CIN/LLPIN change by DPIIT – Recognised start-up entity – Whether permitted (XX) Conversion by a DPIIT – Recognised entity from one form to another – Whether permissible (XXI) Automatically ceasing to be a 'start-up' under LSN (XXII) Approvals needed by start-up entities for claiming tax benefits (XXIII) Tax efficacy of different start-up entity forms – Firms, LLPs & Pvt. Companies (XXIV) Tax holiday to start-ups under Section 80-IAC (XXV) Funding blues of private limited start-up companies (XXVI) Exemption from 'angel tax' to private limited companies start-ups (XXVII) Computation of FMV of shares issued when angel tax exemptions is not applicable (XXVIII) Conditions for carry forward or set-off of losses of start-up PLC under section 79 (XXIX) Deferring TDS or tax payment in respect of ESOP income of employees of eligible start-ups (XXX) Tax & TDS on winnings from online games (XXXI) Mandatory acceptance of payments through prescribed electronic modes if turnover exceeds INR 50 crores – section 269SU (XXXII) Taxation of investors exiting start-ups