Jewellery, car attract wealth tax too
source the hindu businessline
My father started investing in assets such as motor cars and
jewellery, thinking this would get him out of the tax net. But were you aware
that such assets are also subject to tax? Like my dad, most people tend to focus
only on income-tax and are unaware of the fact that actually there is yet
another direct tax that all of us are subject to, i.e. wealth tax.
The basic difference is that income tax is payable on income
whereas wealth tax is payable on wealth. Wealth constitutes the assets you buy
with your income after paying income tax.
Essentially, wealth tax is a tax on the value of the assets owned.
Wealth tax is to be paid on the market value of the assets year after year,
whether or not such assets yield any income. Every individual and HUF whose net
wealth (assets less liabilities incurred to acquire the assets) as on March 31
exceeds Rs 30 lakh is required to pay wealth tax at the rate of 1 per cent, of
the amount that exceeds the limit. Therefore, wealth tax will be applicable on
the asset even if it is purchased at the end of the year. Conversely, those
assets sold during the year and consequently not held as on March 31 escape the
levy of wealth tax.
Every individual, holding assets in India, the value of which
exceeds the threshold limit shall come under its ambit. This means that even
NRIs come under the realm of wealth tax. However, NRIs are not subject to wealth
tax in respect of the assets held outside India unless they qualify to be
residents of India. Also, if an NRI returns to India with the intention of
permanently residing here, the assets brought in by him or her will be exempt.
Moreover, the money and the assets acquired from the money brought by an NRI
within one year after his or her return shall be exempt. This exemption is
available to an NRI for a period of seven years after his or her return to India
according to section 5(1)(v) of the Wealth Tax Act.
Wealth tax is payable on assets such as real estate and bullion
owned by the assessee as well as on deemed assets such as those owned by a
spouse, a minor child and so on.
Consequently, assets such as shares, securities, mutual funds and
fixed deposits, which are generally termed as ‘productive assets’ are exempt
from wealth tax. Though there is a long list of items such as yachts, boats,
aircrafts, among others, that are subject to wealth tax, as of now, we shall
consider only those assets that are commonly owned, such as real estate,
jewellery and cars.
house property
One house is exempt from wealth tax. In other words, ownership of
more than one house will attract wealth tax liability. There are three
exceptions. If a property is used to conduct business or professional activity,
or if it forms a part of stock-in-trade or has been rented out for at least 300
days in the year, wealth tax is not applicable on such property.
cars
Tax in this case would be applicable at the market price of the
car. However, there are exceptions in cases where the car is used in a car
hiring business.
jewellery
Jewellery, in this case, includes ornaments made of gold, silver,
platinum, bullion or any other precious metal and precious or semi-precious
stones. Such items even if sewn into clothes or set into furniture have to be
considered for wealth tax purpose.
Further, cash in hand in excess of Rs 50,000 is also subject to
wealth tax.
Lastly, if you find yourself liable to wealth tax, merely
transferring the assets to your spouse will not help. Clubbing provisions
similar to those applicable in the income tax law are also applicable in the
case of wealth tax. Therefore, any asset gifted to a spouse, a minor child or a
son’s wife will be, notwithstanding the gift, deemed to belong to the taxpayer
himself or herself.
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