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What Is Tax Avoidance?

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Payment of taxes is an essential part of being a responsible citizen, but sometimes the taxes can turn out to be a little higher than we expect. This is where the provision of tax avoidance comes into play. Tax avoidance is a way to legally reduce your income tax amount for both individuals and businesses. This encompasses taking advantage of every deduction and credit an individual or business is entitled to. Tax avoidance can also include tax-friendly investments like municipal bonds. Here is everything you would want to know about tax avoidance, how to go about it and how it is different from tax evasion. 

Types of tax avoidance  

There are three types of tax avoidance. Here is a deeper look at them:

The Standard Deduction

The taxpayers in India have the provision and option to claim a standard deduction, which is a predefined amount set by the government. For most freelancers, investors and small business owners, business expense receipts are eligible for tax deductions. This is the reason why a lot of them keep these receipts safe. 

Retirement Savings

Individuals who are on an employer retirement plan can use their retirement savings to save on taxes. This means contributing to retirement accounts like the PPF i.e. the Public Provident Fund or the NPS i.e. the National Pension Scheme

Workplace Expenses

Particular workplace expenses are eligible for tax deductions. This can include travel expenses, office rent and professional fees too. 

Difference between tax evasion and tax avoidance

Though the two might sound very similar, it is important to know the difference between tax avoidance and tax evasion to be legally safe.

Tax Evasion 

The very first thing you need to know about tax evasion is that it is illegal. Tax evasion includes the deliberate attempt to hide one’s income and provide wrong or false information to lower tax bills. With tax evasion comes serious consequences like heavy fines and the possibility of imprisonment.  

Tax Avoidance

Tax avoidance, on the other hand, is an attempt by an individual or a business to reduce their income tax amount by using deductions, credits, exemptions, investments etc. Tax avoidance, unlike tax evasion, is not illegal. 

Common tax avoidance strategies in India

There are three strategies in particular that individuals and businesses can use to avoid paying too much tax. Here is a deep dive into them.

Using deductions

Here is a look at certain sections of the Income Tax Act that help with deductions:

  • Section 80C: Allows a maximum deduction of ₹1.5 lakh per annum on PPF, ELSS or Equity Linked Savings Scheme, Life Insurance Premium and EPF or Employee Provident Fund. 

  • Section 80D: Premiums on medical insurance for individuals, their families and their parents are eligible for tax deductions.

  • Section 80CCD(1B): Any extra contributions made towards NPS are also eligible for deduction.

  • Section 80G: Donations towards certain charities and funds are also eligible for tax deductions. 

  • Home Loan Interest: Deductions can be claimed on the interest amount paid as a part of a home loan. 

Structuring your salary 

If you are a working individual, here are a few allowances you need to consider:

  • HRA or House Rent Allowance: Under Section 10(13A) of the Income Tax Act, partial or full exemption on the house rent is possible for salaried employees living in rented accommodations.

  • LTA or Leave Travel Allowance: Tax exemptions for travel expenses incurred when travelling on leave or after retirement, but this cannot be done if you have opted for the new tax regime.

  • Other exemptions like transport allowance, food coupons, etc might also be applicable. 

Business-specific tax avoidance strategies

Here is a list of certain business-specific tax avoidance methods:

  • Depreciation: When businesses claim depreciation on assets, one can reduce taxes on profits generated. 

  • R&D: Weighted deductions can be available for businesses that invest in qualified research and development.

  • SEZs: Any businesses and companies that are working and operating out of SEZs might be eligible for tax exemptions, holidays or even special rates on taxes.

How to control tax avoidance?   

There are various measures involved in controlling tax avoidance including administrative, legislative and even international measures. Simplification of tax codes and enactment of tax reforms by the government will also help with this aspect. 

Conclusion

The very first thing one needs to understand is that tax avoidance is completely legal and it is essentially about trying to reduce the amount of tax one needs to pay using legal means. These means can include deductions, credits, exemptions, investments etc. Tax avoidance is not the same as tax evasion, which is an illegal practice. Tax evasion involves the deliberate attempt to hide one’s income and provide wrong or false information to lower tax bills.

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Disclaimer: Investments in the securities market are subject to market risk, read all related documents carefully before investing.

This content is for educational purposes only. Securities quoted are exemplary and not recommendatory.

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Frequently Asked Questions

What is a practical example of tax avoidance?

Answer Field

An individual who is earning ₹10 lakhs per annum contributes ₹1.5 lakhs to their PPF and ₹1.5 lakhs to their NPS. Upon claiming a deduction under Sections 80C and 80CCD(1B) of the Income Tax Act, they will only be taxed for ₹7 lakhs and not the original ₹10 lakhs.

What is called tax avoidance?

Answer Field

Tax avoidance is an attempt by an individual or a business to reduce their income tax amount by using deductions, credits, exemptions, investments etc. Tax avoidance, unlike tax evasion, is not illegal.

What are the effects of tax avoidance in India?

Answer Field

Tax avoidance can lead to potential economic inequality, reduction in the government’s revenue and increase the burden on other taxpayers.

Is tax avoidance a punishable crime?

Answer Field

Tax avoidance is a legal method to reduce one’s tax liabilities with the help of deductions, investments, etc.

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