Government Incentives and Grant

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    Government Incentives and Grants

    Overview
    The Government has been focused on boosting the economy by introducing various incentive schemes from time to time. These incentives provide various fiscal and non-fiscal benefits to the industry thereby promoting manufacturing, services, employment opportunities and infrastructure development of the economy. Typically, these schemes are focused on a particular sector or region and use varied thresholds to incentivize, such as investment, incremental production, employment generated, research and development, etc. Interestingly, these schemes also have the option of customised packages of incentives for large projects.
    We at Lineuptax LLP India enable organisations to see businesses through a new lens and explore potential incentives.
    Government Incentives
    The Central as well as State Governments of India provide various incentives to the industry in the form of subsidies, exemptions, concessions, duty deferral under industry- or state-specific policies, foreign trade policy, etc. These incentives provide fiscal as well as non-fiscal benefits for eligible investments such as greenfield and brownfield projects, and research & development activities. Businesses can often avail of a combination of incentives extended by the Central and the State Governments.

    How Lineuptax Can Help You

    1. Feasibility Analysis
    We identify relevant Central and State incentive policies, undertake feasibility analysis and prepare a simulation of incentives. Preparation of a detailed project report and discussions with authorities for negotiating or identifying incentives
    2. Post Appproval Support
    Complete handholding support, including drafting SOPs, periodic filings, preparation and follow-ups for disbursal claims 
    3. Approval for Incentives
    Preparation and filing of applications and liaison with authorities for obtaining approval order 
    There are various incentives available to businesses depending on the economic activity, industry, location, and size of the firm.
    India offers tax relief at both the central and state level. Additional incentives are available to investors in specific sectors, while India’s special economic zones (SEZs) offer their own comprehensive tax relief. However, not all tax benefits offered are mutually inclusive.

    Corporate tax incentives for eligible companies

    The corporate income tax rate for new companies is 22 percent rate and for new domestic manufacturing is 15 percent.
    The concessional tax regime (22 percent) for domestic enterprises is applicable only if they do not avail of specific tax incentives or deductions. (The effective tax rate for these domestic companies is around 25.17 percent inclusive of surcharge and cess.)
    Those companies opting for the concessional corporate tax rate do not have to pay minimum alternate tax. India’s current effective tax rate brings it at par, on average, with leading Asian investment destinations and manufacturing hubs like China, Vietnam, Malaysia, Singapore, and South Korea.

    Tax rates for foreign companies

    A foreign company is liable to pay income tax at 40 percent of the average taxable Income.

    Tax rate for partnership firms, including LLP or local authorities

    A partnership firm, LLP, or a local authority must pay income tax at 30 percent of average taxable Income.

    Tax incentive for capital expenditure on specified businesses

    100 percent deduction of capital expenditure is allowed in the year when the commercial operations begin for the following specified businesses, including:
    1. Setting up and operating cold chain facilities;
    2. Setting up and operating warehousing facilities for storage of agricultural produce;
    3. Setting up and operating an inland container depot, freight station; or
    4. Warehousing facility for storage of sugar, beekeeping, and honey and beeswax production.

    Incentives for Special Economic Zones (SEZs)

    SEZs offer several incentives to foreign investors, such as ease of doing business, tax benefits, and favorable policies, which make it easier for them to invest in India. They include:
    1. Tax benefits: SEZ developers and units qualify for tax exemptions on their profits and investments for a specific period, varying with the type of SEZ and the approval date. For the first five years, SEZ developers are entitled to a 100 percent income tax exemption on their profits, followed by 50 percent for the next five years. Likewise, SEZ units can avail themselves of a 100 percent income tax exemption on their profits for the first five years, a 50 percent exemption for the following five years, and a 50 percent exemption on reinvested profits for the next five years.
    2. Customs duty exemption: SEZ units can import goods duty-free for their authorized operations and source goods from the Domestic Tariff Area without paying any duty.
    3. Simplified procedures: SEZ units enjoy streamlined procedures for approvals, registrations, and certifications. They can benefit from a single-window clearance system that caters to all their needs.
    4. Infrastructure support: SEZ developers can construct and maintain infrastructure facilities like roads, power, water, and communication networks within the SEZ, with government aid. SEZ units have access to top-notch infrastructure facilities within the zone.
    5. Flexibility in employment: SEZ units are allowed to hire both domestic and foreign workers without any restrictions. They can also provide better compensation packages to their employees. Additionally, India has liberalized rules to allow Work From Home (WFH) facility to 100 percent of SEZ unit employees till December 31, 2023.

    Tax incentives in different Indian states

    Foreign companies choosing where to set up in any of India’s states should note that each region has its own set of policies and incentive schemes. The applicability of incentives usually varies based on:
    1. The state’s location;
    2. The products that will be manufactured;
    3. The scale of investment; and
    4. The creation of jobs.

    Social security agreements

    India has concluded various Social Security Agreements (SSAs) to ease the social security obligations on cross-border/international workers. Incentives such as detachment, exportability of pension, totalization of benefits, and withdrawal of social security benefits are available.
    As of 2023, India has signed SSA with 20 countries, including Belgium, Germany, Switzerland, Denmark, Norway, Luxembourg, France, South Korea, Netherlands, and Hungary to name a few. 
    SSAs offer three types of benefits for international workers and NRIs, namely: detachment, exportability, and totalization. 

    Social security agreements

    1. Detachment  eliminates the need for workers to make social security contributions in the host country for a specific period (as stipulated by each SSA) if they continue to contribute to their home country's social security system. To avail of this benefit, the employee must present a 'Certificate of Coverage' (CoC) from their home social security authorities to the host country's authorities. 
    2. Exportability allows workers to receive social security benefits in either their home country or their host country without any difference in the value of the benefits. This enables workers to export their benefits from their host country to their home country or to beneficiaries after retirement or when their employment there ends. 
    3. Totalization takes into account the duration of an employee's work in a foreign country when determining their eligibility for benefits. The payment amount is prorated based on the length of time the employee worked in the foreign country. 

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    FAQs

    A foreign company is liable to pay income tax at 40 percent of the average taxable Income.