The angel tax: what is it?
When an unlisted company raises capital by issuing shares to investors, angel tax comes into the picture. While it is called “angel tax,” it has created something of a crisis for startups in India. Let’s understand how.
Suppose a startup is trying to raise capital. It manages to get some investments at a certain valuation, which is higher than the fair market value (FMV) of that startup. In this case, the excess amount thus received by the startup is considered as income and therefore is subject to angel tax. It is called “angel tax” because it mainly affects angel investors.
There are several issues with this tax. First, if startups (which are anyway under considerable pressure to raise capital and survive) have to pay a portion of the money they raise as tax, it can badly affect their existence.
Second, many experts have said that startups face an angel tax of a whopping 30% when the investments they receive are more than their FMV. Third, FMV is a subjective number which is based on many assumptions about how a startup will perform in the future.
Due to all these reasons, angel tax has adversely affected early-stage investments in startups and several industry lobbies have requested the government to look into this matter. Having understood what angel tax is, let’s delve deeper into this topic.
Budget expectations to eliminate angel tax
Angel tax has been around for 12 years in India. The intention behind the tax was to curb money laundering. However, over the years, it has emerged as a major hindrance for startups when they try to raise capital.
In reality, angel tax ends up taxing genuine investments in startups. Even though the government has made efforts to look into this issue, it remains unresolved. What is particularly surprising is that angel tax does not exist in any other country apart from India.
The whole thing becomes even more surprising when we consider that we already have Section 68 of the tax act which is aimed at addressing funding sources that cannot be explained.
Due to these reasons, the industry wants the angel tax to be totally eliminated by the government. It must also be kept in mind that startups in India are already under a lot of pressure due to high taxes and compliance expenses.
On top of it, they have to deal with angel tax. This particularly affects early-stage investments, which are crucial for startups to grow. Therefore, several industry leaders have urged the government to do away with the angel tax in the Union Budget 2024.
The central government certainly wants to help startups. That’s why it has programs like the Atal Innovation Mission, Startup India, and the National Strategy for Artificial Intelligence.
Besides, startups have also created several jobs and contributed to the economy. Therefore, it seems that angel tax will be a major talking point of the Union Budget 2024.
Will Budget 2024 Save Indian Startups from the 'Killer' Angel?
This question becomes especially relevant when we consider that the DPIIT has already recommended the government to remove the angel tax on startups.
It’s also believed that the finance ministry, which is in charge of preparing the Union Budget, will be looking into this matter. This shows that the authorities at the senior-most level consider this issue to be extremely serious.
It’s tough to answer whether the Budget 2024 will save Indian startups from this “killer” angel, especially if we look at the recent history. Before FY 2023-24, angel tax was applicable only to local investors, which means foreign investors were excluded from it.
However, Budget 2023 increased the scope of this tax and brought even foreign investments into its ambit. If the government has tried to widen the scope of angel tax in the last year, it remains to be seen whether it will eliminate angel tax this year.
Meanwhile, apex industry bodies and associations have appealed to the government to do away with angel tax. The Confederation of Indian Industry (CII) has recommended the government to remove the angel tax while submitting its expectations from Budget 2024.
Prominent industrialists, like the co-founder of Infosys S “Kris” Gopalakrishnan, have said that the government must look into this matter to give a boost to startups. Therefore, when Sitharaman presents the budget on July 23, startups and angel investors in India will be very curious to see whether she saves them from the so-called angel tax.
Conclusion
The fact that DPIIT has appealed to the government to eliminate the angel tax on Indian startups shows that there is a possibility of it happening. If the budget actually removes the angel tax, it will be a big boost for startups and angel investors in India.
Many startups are in the next stage in the country. They have already provided jobs to many people and built a reputation for themselves not just in India but worldwide. If the government rationalises the tax structure for them, it will show that the government is not only encouraging startups but also giving a boost to innovation and job creation.
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