Income-tax (Eighth Amendment) Rules, 2023

The Central Board of Direct Taxes (CBDT) has recently issued a notification on 31st May 2023, introducing the Income-tax (Eighth Amendment) Rules. This amendment clarifies specific income sources that do not require reporting while filing the Annual Income Tax return. Notably, the amendment focuses on exempting the receipt of movable property, particularly equity shares, from public sector companies or the government under strategic disinvestment, from being categorized as Income from other sources.

Synopsis of Income-tax (Eighth Amendment) Rules, 2023

This Income-tax (Eighth Amendment) Rule, 2023, relieves individuals who receive shares from a public sector company at a price below the fair market value. Under the amended rules, these discounted share issues will be exempted from the provisions of section 52(2)(x) of the Income Tax Act. Consequently, recipients of such shares will no longer be liable to pay taxes on them.

CBDT Widens Non-Applicability of Section 56(2)(x) in Strategic Disinvestment

Income-tax (Eighth Amendment) Rules, 2023, has changed sub-rule (4) of Rule 11UAC of the Income-tax Rules, 1962. This amendment expands the scope of situations where section 56(2)(x) of the Income-tax Act, 1961, does not apply in the context of strategic disinvestment.

Under the revised Rule, the non-applicability of section 56(2)(x) now extends to the acquisition of equity shares of the company.
Previously, the Rule only applied to receiving equity shares from a public sector company. This amendment broadens the scope and includes acquisitions of equity shares from other entities.

This amendment intends to provide a clearer framework for tax treatment in strategic disinvestment cases, ensuring that section 56(2)(x) does not create unnecessary tax burdens for individuals acquiring equity shares during such disinvestment processes.

Clarification on Income Reporting

The newly introduced Income-tax (Eighth Amendment) Rules of 2023 state that individuals who acquire equity shares from a public sector company at a price lower than their fair market value will be exempted from the requirements of reporting this Income under the section titled "Income from other sources" in their Annual Income Tax return. Previously, these discounted share issues were taxable for the recipients. However, with these Income-tax (Eighth Amendment) Rules, 2023, they will now be exempt from taxation.

Section 52(2)(x) of the Income Tax Act

Section 52(2)(x) of the Income Tax Act refers to a specific provision within the tax legislation. It is a subsection that outlines the circumstances under which discounted share issues from a public sector company are considered taxable for the recipients. This provision mandates that if an individual receives shares at a price below their fair market value, the difference between the fair market value and the actual price paid would be subject to taxation as per the Income Tax Act. However, with the Income-tax (Eighth Amendment) Rules of 2023, individuals who receive such discounted shares will be exempted from the tax liability imposed by section 52(2)(x).

Definition of Strategic Disinvestment

In the context of these Income-tax (Eighth Amendment) Rules, 2023, strategic disinvestment refers to the sale of shareholding by the Central Government or any State Government in a public sector company, reducing their shareholding below fifty-one percent. Additionally, control of the company is transferred to the buyer.

Effective Date and Applicability

The Income-tax (Eighth Amendment) Rules will become effective from 1st April 2023. The amendment's provisions will be applicable for the assessment year 2023-2024 and subsequent assessment years. It is important to note that the amendment will not have any retrospective effect.

Conclusion:

The recent Income-tax (Eighth Amendment) Rules introduced by the Central Board of Direct Taxes bring relief to individuals receiving shares at a price below fair market value from public sector companies. With the exemption from reporting these discounted share issues as Income, taxpayers can simplify their reporting process when filing their Annual Income Tax return. This amendment aligns with the changing landscape of public sector companies and disinvestment activities, ensuring that tax regulations accommodate these developments.