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Budget 2012- Provisions of MAT & AMT

CSSwati Rawat
2012 Budget Changes: MAT & AMT Provisions, Schedule VI Adjustments, and Tax Implications for Non-Company Entities Budget 2012 introduced provisions for Minimum Alternate Tax (MAT) and Alternate Minimum Tax (AMT). For MAT, companies like insurance, banking, and electricity can prepare profit and loss accounts according to applicable regulatory provisions, not necessarily following Schedule VI of the Companies Act. Book profits for MAT will include revaluation reserves from retired or disposed assets not credited to profit and loss accounts. Part III of Schedule VI will be deleted from section 115JB. For AMT, beyond LLPs, any non-company entity claiming certain deductions will be subject to AMT unless their adjusted total income is under Rs 2 million. Amendments address tax credit, self-assessment tax, and interest payment provisions. (AI Summary)

Provisions Of Minimum alternate tax (MAT) – Budget 2012

Profit and loss accounts as per applicable regulatory provisions

  • In regard to the provisions of the Income-tax Act with the Companies Act, companies such as insurance, banking, electricity, will be able to prepare profit and loss account as per applicable provisions, for the purpose of computing their book profit. These companies need not necessarily prepare their profit and loss account as per Schedule VI of the Companies Act.

Revaluation reserve relating to revalued asset which is retired or disposed

  • Book profit for calculating MAT will also be increased by the revaluation reserve relating to retirement or disposal of the revalued assets, where such revaluation reserve is not credited to profit and loss account.

Deletion of Part III of Schedule VI of Companies Act

Provisions Of Alternate minimum tax (AMT)– Budget 2012

AMT on all persons other than companies

  • Presently, only LLPs are subject to AMT at the rate of 18.5% (plus education cess) of the adjusted total income, if the regular income-tax payable is less than the AMT.
  • Now, any person (other than company), claiming deduction under the following section(s) (other than section 80P) will be subject to AMT:
  1. Section(s) under Chapter VI-A under the Heading “C – Deductions in respect of certain incomes”
  2. Section 10AA (deduction in respect of profits of SEZ units).

  The above provision will not apply to an individual, HUF, association of persons, body of individuals or an artificial juridical person if the adjusted total income does not exceed Rs 2 million.

Consequential amendments have been made in provisions relating to tax credit for AMT, self assessment tax, interest payment provisions, etc.

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