Taxation may end chances of structured share buyback programme: Report


New Delhi, Jul 6 (IANS): The 20 per cent taxation on share buyback announced in the Finance Bil 2019 may bring an end to the possibility of a structured share buyback programme, a report said.

"We have advocated buyback consistently and we believe a structured buyback programme (akin to Accenture) will provide sustainable EPS kicker and improve RoE. The buyback route becomes more attractive through an open market route when the same is done at multiples lower than post tax yield on excess cash. Imposition of the tax makes the buyback case difficult," said a Kotak Institutional Equities report.

The report also said that the 20 per cent taxation on share buyback announced in the Finance Bil 2019 is an alternative form of income tax.

"IT companies have received valuation support, courtesy smart capital allocation decisions. Chief among them was to step up payout ratios. The amendment leads to taxation of at least 20 per cent on payout to shareholders, a disincentive. This tax is effectively an alternative form of income tax," said the report.

The Finance Bill 2019 has introduced tax of 20 per cent on distributed income for buyback of equity shares listed on a recognized stock exchange.

The amendment made in the Finance Bill of 2019 states the following-Clause 36 of the Bill seeks to amend Section 115QA of the Income Tax Act relating to tax on distributed income to shareholders. Sub-Section (1) of the said section provides that a domestic company shall be liable to pay additional income tax at the rate of twenty per cent on the distributed income on buy-back of shares listed on a recognised stock exchange from a shareholder.

The Finance Bill proposed to amend the said sub-section so as to provide that the provisions contained therein shall also apply to the buyback of shares listed on a recognised stock exchange. This amendment will take effect from July 5.

"Effectively buyback of equity shares will attract tax at the rate of 20 per cent (plus surcharge). We note that dividend distribution also attracts a tax of 20.56 per cent. The rationale of imposing this tax is a belief that companies are using buyback to circumvent payment of dividend distribution tax. On the face of it, the tax on buyback of equity shares does not differentiate between the mode-tender or open market route, implying tax liability on both modes of buyback," the report said.

--IANS

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Comment on this article

  • Sanjeev Kamath, Udupi / Seattle

    Sun, Jul 07 2019

    Stupid deviating comments instead of addressing the well thought of issue of tax on buyback so that the common shareholders are not deprived of the dividends.

    DisAgree Agree [1] Reply Report Abuse

  • A A, Dubai

    Sun, Jul 07 2019

    *The big myth on Income Tax Payers in India;*

    Data from a Chartered Accountants'Company Secretaries and other professional bodies and groups.......;
    ✍ FM said during her budget speech that we are largely a tax *'non- compliant'* society and presented that only *3.7 crores* are filing ITRs in this poor country of 125 crore population .

    *The reply by CAs ,CSs,CMA,s

    Sir,
    We have 82 crore voters out of which,

    - *75% are agriculturists* ie. 61.5 crores ( You exempted them straightaway, but they can also buy cars , bungalows etc. as you quoted.. Your political colleagues are also enjoying this exemption)

    *Balance remains... 20.5 crores*

    *Less:24% BPL class* ( Below poverty line)

    Means 15 crore population ( which is non agriculturist and non BPL) ..

    *Less : Senior Citizens, Non working wives, unemployed youths, below-taxable income earners... political class.. (say 75%)* ... in a typical indian family only 1 earning member and 5/6 are dependent on him....

    *Balance: (15-11.25)=3.75 crores is the earning class ... which can file ITRs and ... they are already filing it...*

    .... So almost no gap as FM is stressing unnecessarily without knowing his country🤓😝😱

    if FM wants more people to come into tax net ... then... instead foolishly resorting to rampant raids, surveys, notices, scrutiny, demonetisations etc etc viewed as *tax terrorism* ... he should defy his negative bureaucrats and .......

    1. Introduce simple Income Tax on Agricultural Income on large landlords ( Say 10 Acres plus ) - you can add 26% of Agriculturists as tax payers *( Politicians are also enjoying this exemption )*

    2. Instead of introducing 5000 /10000 penalties on late filers of IT return ...
    *come out with positive approach and introduce incentives to IT return filers* ( learn from Pakistan, IT assessee gets discount in purchase of Car )

    3. *Introduce Privilege card to those paying taxes above certain limit.. privilege card to entitle assessee with benefits like Priority quota

    DisAgree [2] Agree [4] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Sun, Jul 07 2019

    Government is only interest in filling their own Pockets ...

    DisAgree [5] Agree [7] Reply Report Abuse

  • Sagar, Mangalore/ Dubai

    Sun, Jul 07 2019

    At least the MP's are not busy filling their own pocket!

    DisAgree Agree [1] Reply Report Abuse


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Title: Taxation may end chances of structured share buyback programme: Report



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