Introduction
Advance Payment of Tax refers to the liability to pay Income Tax for income earned during the same Financial Year. In general, taxpayers are required to pay tax only for the income of the preceding year. However, if the tax payable is in excess of ten thousand rupees, the tax should be remitted to the government before the due date mentioned in the Act. The purpose of incorporating Advance Tax provisions in the Act is to ensure that revenue reaches the Government without delay. According to Section 208 of Income Tax Act 1961, every person whose estimated tax liability for the financial year exceeds Rs.10,000 has to pay tax in advance.
What is Advance Tax?
- Tax is Paid in Advance when Tax Liability is More than 10,000.
- Advance Tax is Paid in the Previous Year Itself, Thus the Tax is Paid in the year of Earning Income Itself
- The Tax is Paid as income is earned
- This Scheme of Advance Payment of Tax is also Called as Pay as you earn income
Advance Tax Section as per Income Tax Act
- Section 208: Conditions of liability to pay advance tax
- Section 209: Computation of advance tax
- Section 210: Payment of advance tax by the assessee of his own accord or in pursuance of an order of Assessing Officer.
- Section 211: Instalments of advance tax and due dates.
Who should pay Advance Tax?
- Taxpayers who owe more than Rs. 10,000 in taxes, after adjusting TDS, in a fiscal year are required to pay advance tax. This rule applies to all categories of taxpayers, including freelancers, professionals, salaried individuals, and senior citizens.
- Senior citizens who are more than 60 years old and do not own an enterprise are exempt from paying advance tax.
- For taxpayers who choose a presumptive tax regime under Section 44AD for businesses. They are supposed to pay the full advance tax liability in a single payment on or before 15 March. Nevertheless, they can also pay their tax liabilities by 31 March.
- Under the presumptive tax regime under Section 44ADA for independent professionals like architects, doctors, lawyers, consultants, etc., have to pay the full advance tax liability in a single payment either on or before 15 March. They also have the option to pay the entire amount by 31 March.
Calculation of Advance Tax Liability
- Every assessee shall be liable to pay advance income tax during any financial year in respect of the taxpayer’s total income of the financial year if the amount of advance income-tax payable exceeds ten thousand rupees.
- The amount of advance income-tax payable by an assessee in the financial year should be computed in the specified manner. The assessee should first estimate the total income and calculate income-tax which is payable on the total income. The tax liability should be calculated using the rates in force in the financial year. The tax payable should include secondary and higher education cess. It should also include surcharge. The assessee should note that surcharge is calculated at a percentage of income tax, while cess is calculated as a percentage of the sum of income tax and surcharge.
- The income-tax calculated as per the above step shall be reduced by the amount of income-tax which would be deductible or collectible at source during the financial year from any income which is taken into account in estimating the total income. Further, a deduction should also be made in relation to the amount of credit availed under Section 207, allowed to be set-off in the financial year.
- The balance amount of income-tax shall be the advance income-tax payable.
- The advance income-tax, in case of any person other than a company, shall be payable in three instalments during the financial year, on or before the specified dates.
PARTICULARS |
AMOUNT |
Income from Salary |
XXX |
Add: Income from House
Property |
XXX |
Add: Capital Gains |
XXX |
Add: Income from Other
Sources |
XXX |
Add: Professional Income |
XXX |
Add: Agricultural Income |
XXX |
Less: Deduction (Chapter
VIA) |
(XXX) |
Net Taxable Income |
XXX |
Income Tax on Net Taxable
Income |
XXX |
Add: Surcharge |
XXX |
Add: Education Cess |
XXX |
Add: Secondary &
Higher Education Cess |
XXX |
Total Tax Liability |
XXX |
Less: Rebate |
(XXX) |
Less: TDS/TCS/MAT (AMT)
Credit Utilized |
(XXX) |
Advance Tax Payable |
XXX |
When to pay advance tax?
For Non-Corporate Assessee:
- On or before 15 September – not less than 30% of the tax payable for the year.
- On or before 15 December – not less than 60% of the tax payable for the year.
- On or before 15 March – not less than 100% of the tax payable for the year.
For Corporate Assessee:
- On or before 15 June – not less than 15% of the tax payable for the year.
- On or before 15 September – not less than 45% of the tax payable for the year.
- On or before 15 December – not less than 75% of the tax payable for the year.
- On or before 15 March – not less than 100% of the tax payable for the year.
- Paid before or on 15th June 112,500 *15% = Rs.16875 as advance tax
- Paid before or on 15th September 112,500 *45%= 50625, differential = 50625-16875 = Rs. 33750 as advance tax
- Paid before or on 15th December 112,500 *75%= 84375, differential = 84375-50625=Rs.33750 as advance tax
- Paid before or on 15th March differential =112,500 – 84375 = Rs 28125 as advance tax
Estimation Total
Income for the year |
|
Tax on such estimated income as
per applicable rates |
A |
Less: TDS Deducted/Deductible |
B |
Less: TCS Collected/Collectible
from the assessee |
C |
Advance
Tax (D) |
A -B -C |
Advance Tax Instalment Payable |
|
Advance Tax |
D |
Percentage defined for
installment (15 or 45 or 75 or 100) |
E |
Advance Tax already paid in
earlier installments for the year |
F |
Advance
Tax Instalment Payable |
D*E – F |
- If a person who has already paid one or more instalments revises his estimate of current income, he may reduce or increase his remaining instalments on the basis of revised current income.
- Any amount paid as income tax on or before 31st March shall also be treated as advance tax paid during the financial year ending on that day.
- Payment is made by Challan No/ITS 280.
- If the advance tax is not paid timely interest will be charged.
Which Forms are required in Advance Tax?
- Permanent Account Number (PAN) Details: It is important to publish correct PAN details. If you fail to do so, your tax will be deposited in someone’s PAN.
- Assessment Year: Choose the proper assessment years for which you are going to pay your tax because it is going out in advance for the following financial year.
- Selecting the Payment Type: The taxpayer needs to choose the payment type in the form. If the tax is paid for the same financial year on the basis of estimated income, it will be advance tax. On the other hand, if the tax is paid after the completion of the financial year, it is considered as self-assessment tax.
- Tax paid before completion of financial year known as Advance Tax payment code for advance tax is 100
- Tax paid after completion of financial year known as Self-Assessment Tax payment code for self-assessment tax is 300
- If the tax is paid after assessment on notice of demand, then tax is to be paid as Tax on regular assessment under tax code 400
How to Pay Advance Tax Online?
- Step 1: Visit the income tax portal https://www.incometax.gov.in/iec/foportal/
- Step 2: Select the ‘e-Pay Tax’ option under quick links.
- Step 3: Enter your PAN number. Then enter your mobile number to receive an OTP. Click on ‘Continue’.
- Step 4: Enter the OTP received, and click on ‘Continue’.
- Step 5: Verify your PAN number and name, and click on ‘Continue’.
- Step 6: Click on ‘Proceed’ under the ‘Income tax’ option.
- Step 7: Select the assessment year, select the ‘Advance Tax (100)’ option under ‘Type of Payment’, and click on ‘Continue’.
- Step 8: Enter your tax amount. Fill in only the tax amount, and click on ‘Continue’.
- Step 9: Select the payment method and click on ‘Continue’.
- Step 10: Verify your details and tax amount, and click on ‘Continue’.
- Step 11: Accept the terms and conditions and make your advance-tax payment.
Exemptions of Advance Tax
- Senior citizens above the age of 60 are excused from paying the advance tax.
- If the TDS deducted exceeds the tax payable for the year, the advance tax is not required.
- Salaried people who fall under the TDS net are exempt from paying the advance tax. Any earnings from sources such as interest, rent, capital gains and other non-salary income, on the other hand, will be subject to advance tax.
Refund of Advance Tax
- If the Income Tax Department found that you paid more tax than you should have it will reimburse the difference at the end of the year.
- Taxpayers can request a refund by completing and submitting Form 30.
- They must submit their claim within one year of the end of the assessment year.
Interest on Late Payment of Advance Tax
Interest Under Section 234B default in payment of advance tax
- Tax Liability was Rs 2,40,000, while TDS was Rs 40,000.
- Tax Assessment: Rs 2,00,000 (2,40,000-40,000)
- Now IT department assesses, whether partial payment comes under limit of 90%. = Rs 2,00,000* 90% = Rs 1,80,000
- Therefore, amount of Tax paid was less than amount due by Rs 60,000 (1,80,000-1,20,000). The total interest due under section 234B will be: Rs 60,000 * 1%* 4 months (April-July) = Rs 2,400.
- The interest is taken till July because which is the due date of payment for individual assessee and assumed as month of return filing.
Interest under Section 234C
Particulars |
Rate of Interest |
Period of Interest |
Interest Payable on Amount |
If the
advance tax paid is less than 15% on 15th June |
1% per month |
3 months |
15% of Tax amount less tax paid before June 15 |
If the
advance tax paid is less than 45% on 15th September |
1% per
month |
3 months |
45% of Tax amount less tax paid before September 15 |
If the
advance tax paid is less than 75% on 15th December |
1% per
month |
3 months |
75% of Tax amount less tax paid before December 15 |
If the
advance tax paid is less than 100% on 15th March |
1% per
month |
1 month |
100% of Tax amount less tax paid before March 15 |
- 10th June: Rs 40,000
- 15th September: Rs 50,000
- 15th December: Rs 35,000
- 15th March: Rs 30,000
- Total Advance Tax Deposited = Rs 1,55,000, TDS= Rs 1,20,000
- Tax Assessment: Rs 6,00,000- 1,20,000= Rs 4,80,000
- 15% of Rs 4,80,000 = 72,000 differential = 72,000- 40,000 = Rs 32,000
- 45% of 4,80,000 = 2,16,000 differential = 2,16,000- 90,000 = Rs 1,26,000
- 75% of 4,80,000=3,60,000 differential =3,60,000-1,25,000= Rs 2,35,000
- 100% of 4,80,000 = 4,80,000, differential = 4,80,000-1,55,000 = Rs 3,25,000
- 32,000*1%*3 months = Rs 960
- 1,26,000*1%*3 months = Rs 3,780
- 2,35,000*1%*3 months = Rs 7,050
- 3,25,000*1%*1 months = Rs 3,250
- Total Penalty = Rs 15,040.
Benefits of Paying Advance Tax
- Advance tax helps in reducing stress of taxpayers, because they do not have to pay all the money at once
- It expedites the collection of taxes.
- It assists organizations in effectively managing their finances and offers an estimate of the income received during the fiscal year.
- It raises government funds since the government can receive interest on the money collected.
- People who pay their taxes in advance avoid falling behind on their obligations.
Conclusion
FAQ's
When should I pay advance tax?
If your tax liability for a year after reducing TDS exceeds Rs 10,000, you will be liable for payment of advance tax.
If I am a senior citizen with pension and interest income. Should I pay advance tax?
Resident senior citizens not having income from business or profession are not liable for advance tax.
If I do not pay advance tax? Will I be penalized?
Non-payment of advance tax will result in levy of interest under 234B and 234C of the Income tax Act, 1961.
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