Opinion | The decline of tax demons and the ascent of angels
Live MintOn 23 August 2019, finance minister Nirmala Sitharaman, while announcing the non-applicability of Section 56 of the Income Tax Act, 1961, popularly referred to as “angel tax” on startups registered with department for promotion of industry and internal trade, reassured entrepreneurs that the government was already sensitized to the importance of the startup ecosystem and was taking all possible steps to boost confidence of investors and other players in the startup sector. In a measure to resolve the issue, the ministry of commerce and industry, through the DPIIT, issued an “initial notification” on 19 February to exempt startups from angel tax on fulfilling certain criteria mentioned in the document, which followed an announcement by the finance minister. Soon after, this tax became part of the I-T Act, under which, inter alia, if a company in which the public has no substantial interest receives from any person, who is a resident, any consideration for an issue of shares that exceeds their fair market value, then the difference between the aggregate sum received and the fair market value shall be considered “income from other sources”, and so the recipient company would have to pay tax on the differential amount. The startup community got wind of the issue once the income tax department started sending some firms tax notices under Section 56 of the I-T Act.