The SAMRIDH Scheme

Budget 2024 Latest Update on Corporate Tax Rate

Finance Minister Nirmala Sitharaman has proposed a reduction in the corporate tax rate for foreign companies, bringing it down from 40% to 35% in the 2024 budget.

Subdivisions of Direct Taxes

Direct taxes in India are categorized as follows:

1. Personal Income Tax
   
   • Paid by individual taxpayers based on their income.
   • Taxed according to predefined slabs at different rates.
2. Corporate Income Tax (CIT)
   
   • Paid by domestic and foreign companies on their income earned in India.
   • The CIT is levied at rates specified by the Income Tax Act, subject to annual revisions in the Union Budget.

What is Pvt. Ltd. Tax Rate?

The Pvt. Ltd. tax rate refers to the corporate income tax rate applicable to private limited companies in India. Under the Income Tax Act, 1961, domestic companies are generally taxed at 30% on their total taxable income, with variations based on turnover and certain conditions.

For companies with a turnover of less than ₹400 crore, the tax rates are as follows:

• Turnover up to ₹1 crore: Taxed at 25%.
• Turnover between ₹1 crore and ₹10 crore: Taxed at 25% on profits exceeding ₹25 lakh, plus an additional ₹25 lakh.
• Turnover above ₹10 crore: Taxed at 30%.

A 4% Health and Education Cess is levied on the total tax payable.

Companies may also opt for a reduced tax rate of 22% under Section 115BAA, provided they forgo certain exemptions and deductions. This option also includes the surcharge and 4% cess.

Additionally, new manufacturing companies incorporated after October 1, 2019, can avail a 15% tax rate (plus surcharge and cess) under Section 115BAB, subject to specific conditions.

Corporate Income Tax Rate for AY 2022-23

The Corporate Income Tax Rate for the Assessment Year 2022-23 varies based on the company's turnover and the applicability of surcharge and cess. Here's a table summarising the effective tax rates:

For Companies with Turnover Above ₹400 Crore

For Companies with Turnover Below ₹400 Crore

Key Budget 2022 Updates

1. No Changes in Tax Rates: The corporate tax structure remained unchanged.

2. Updated Surcharge Cap for Cooperatives: Surcharge capped at 7% for cooperatives with income between ₹1 crore and ₹10 crore.

3. Set-Off for Losses in Case of Start-ups: Extended incorporation date for start-ups to claim tax holiday under Section 80-IAC to 31 March 2023.

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Income Tax Rate for Domestic Manufacturing Companies for AY 2022-23

New manufacturing companies incorporated in India on or after October 1, 2019, and commencing production before March 31, 2023, can avail a concessional tax rate for private limited companies of 15% under Section 115BAB. However, this is subject to certain conditions, such as:

• The company should be engaged in the business of manufacture or production of any article or thing
• It should not be formed by splitting up or reconstruction of an existing business
• It should not use any plant or machinery previously used in India (with certain exceptions)
• The option to avail Section 115BAB must be exercised in the first year of operation

The applicable tax rates for domestic manufacturing companies for the assessment year 2022–23 are outlined below:

Education Cess for Companies

Private limited companies are required to pay an education cess at the rate of 4% on the total income tax, including the applicable surcharge. Below is a detailed explanation of the corporate income tax rates for FY 2021–22 or AY 2022–23:

For companies with a turnover of up to ₹400 crore:

• Income up to ₹1 crore is taxed at 25%.
• Income exceeding ₹1 crore but up to ₹10 crore is taxed at 25% plus ₹25,00,000. A 7% surcharge applies.
• Income above ₹10 crore is taxed at 25% plus ₹2,50,00,000, with a 12% surcharge.

For companies with a turnover exceeding ₹400 crore:

• Income up to ₹1 crore is taxed at 30%.
• Income exceeding ₹1 crore but up to ₹10 crore is taxed at 30% plus ₹3,00,000. A 7% surcharge applies.
• Income above ₹10 crore is taxed at 30% plus ₹3,00,00,000, with a 12% surcharge.

The education cess of 4% is uniformly applicable to the total tax payable, including any surcharge, regardless of turnover.

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Income Tax Rate for Foreign Company

Foreign companies, i.e., those incorporated outside India but earning income from Indian sources, are taxed at a basic rate of 40% (plus applicable surcharge and cess). The surcharge is levied at 2% on income between ₹1 crore to ₹10 crores and 5% on income exceeding ₹10 crores.

It is important to note that foreign companies can avail beneficial provisions under the Double Taxation Avoidance Agreement (DTAA) between India and their country of residence to minimize their tax liability.

Minimum Alternate Tax for Company

The Minimum Alternate Tax (MAT) provisions apply to companies whose tax payable under the normal provisions of the Income Tax Act is less than 15% of their book profits. In such cases, MAT is levied at 15% (plus applicable surcharge and cess) of the book profits.

However, MAT is not applicable to companies opting for the concessional tax regimes under Section 115BAA and Section 115BAB. Further, the credit for MAT paid is allowed to be carried forward for 15 years to be set off against future tax liabilities.

H2 - How to Calculate Total Income for a Company?

To arrive at the taxable income for a private limited company, the following steps are involved:

The Corporate Income Tax Rate is then applied to this taxable income to determine the tax liability of the private limited company.

Returns Applicable for Domestic Company for AY 2022-23

Private limited companies are required to file their income tax returns annually. For the assessment year 2022-23, the following returns are applicable:

1. ITR-6: This return is applicable for companies other than those claiming exemption under Section 11 (income from property held for charitable or religious purposes).

2. ITR-7: This return is applicable for companies claiming exemption under Section 11.

The due date for filing the return is 31st October of the assessment year. However, for companies required to furnish a report in Form No. 3CEB under Section 92E (relating to international transactions), the due date is 30th November of the assessment year. Companies must also ensure timely compliance with advance tax payments, TDS/TCS obligations, and tax audit requirements (if applicable) to avoid penal consequences.

Domestic Company Tax Slab for AY 2024-25

For the Assessment Year (AY) 2024–25, the income tax rates for domestic companies depend on their turnover or gross receipts during the financial year (FY) 2020–21, as well as the tax provisions they choose to apply under specific sections of the Income Tax Act. The applicable rates are as follows:

• If the total turnover or gross receipts during FY 2020–21 do not exceed ₹400 crores:
  
  • Tax rate: 25%
• If the company opts for Section 115BA:
  
  • Tax rate: 25%
• If the company opts for Section 115BAA:
  
  • Tax rate: 22%
• If the company opts for Section 115BAB:
  
  • Tax rate: 15%
• For any other domestic company:
  
  • Tax rate: 30%

These rates are exclusive of surcharge and cess, which will be applied additionally based on the applicable income slabs.

Frequently Asked Questions

What are The Requirements to Start a Travel Agency in India?

Requirements to start a travel agency in India:

• Business registration (proprietorship, partnership, LLP, or private limited company)
  
• Capital: ₹3-5 lakhs (small) to ₹10-20 lakhs (large)
  
• Office space, computers, internet, travel software, website
  
• Professional credentials (IATA, TAAI, IATO)
  
• Skilled staff
  
• Insurance coverage
  
• GST registration and compliance
  

What is authorized capital and how is it defined in MOA?

Authorized capital (also called nominal or registered capital) sets the maximum share capital a company can legally issue to shareholders. The company's Memorandum of Association (MOA) clearly defines this limit under the Capital Clause.

This capital acts as a regulatory boundary. A private limited company with an authorized capital of ₹10 lakh can't issue more shares beyond this amount unless it changes its MOA. The company needs shareholder approval for this change and must file it with the Registrar of Companies within thirty days.

Steps to Start a Travel Agency in India

Launching a travel business in India involves a systematic approach covering legal, operational, and marketing aspects. Here’s a detailed roadmap to establish your agency successfully.

Step 1: Decide the Type of Travel Agency

Launching a travel business in India involves a systematic approach covering legal, operational, and marketing aspects. Here’s a detailed roadmap to establish your agency successfully.

Step 2: Create a Business Plan and Company Name

Develop a comprehensive business plan outlining your vision, mission, target market, services, pricing strategy, and competitor analysis. Choose a memorable name that reflects your brand identity and confirms availability as a domain name for your website.

Step 3: Make a Budget

Prepare a detailed financial plan covering startup costs (₹3-20 lakhs depending on scale), operational expenses, and revenue projections. Include funds for office space, equipment, software, licensing, staff salaries, marketing, and a contingency reserve for unexpected expenses.

Step 4: Register Your Company

Select a business structure—sole proprietorship, partnership, LLP, or private limited company—and register accordingly. Private limited companies offer better credibility and liability protection but involve more paperwork and higher fees.

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Step 5: Obtain all Necessary Registration and License

Secure basic business registrations including Shop and Establishment License from your local municipal corporation, Professional Tax registration, and Udyog Aadhaar for small businesses.

Step 6: Get GST Registration Number

Register for GST as travel services fall under taxable categories. This registration is mandatory for interstate transactions and when your turnover exceeds ₹20 lakhs annually.

Step 7: Register with Govt of India

Apply for recognition from the Ministry of Tourism, which enhances credibility and allows participation in government tourism initiatives.

Step 8: Register with IATA

Obtain IATA accreditation to issue international air tickets directly. Although optional, this prestigious credential requires meeting strict financial and professional standards.

Step 9: Establish Partnerships in The Tourism Industry

Form strategic alliances with hotels, airlines, car rental companies, tour operators, and payment gateways to offer comprehensive services and earn commissions.

Step 10: Business and Tool Set Up

Invest in essential travel technology including booking software, CRM systems, and accounting tools. Create a professional website with booking capabilities and maintain active social media profiles.

Step 11: Marketing Your Travel Agency

Implement a multi-channel marketing strategy encompassing SEO, content marketing, social media campaigns, email newsletters, and networking at industry events to build your client base.

How to Become a Govt of India Approved Travel Agent

Securing government recognition represents a significant milestone for travel agencies in India, elevating your business status and establishing greater credibility in the market. The Ministry of Tourism, Government of India, offers official recognition to travel agencies that meet specific quality standards and operational requirements.

To qualify for government approval, your travel agency must first complete at least one year of business operations. This prerequisite ensures that only established businesses with demonstrated experience receive this credential. During this initial period, focus on building a track record of successful tours and satisfied clients.

The application process involves submitting several essential documents:

1. Properly filled application form from the Ministry of Tourism
   
2. Certificate of incorporation or business registration proof
   
3. Income Tax registration documents and returns for the previous fiscal year
   
4. GST registration certificate
   
5. Office photographs and proof of office premises ownership/rental agreement
   
6. Details of staff and their tourism qualifications
   
7. Documentation of tours organized previously
   

In addition, your office space must meet minimum size requirements (typically 150-200 sq. ft. for smaller cities and 200-250 sq. ft. for metropolitan areas). The premises should be easily accessible to tourists and maintained in professional condition.

After submission, a tourism department official will likely inspect your office physically to verify the information provided. Following approval, you’ll receive a certificate valid for five years, after which renewal is necessary.

The benefits of government approval extend beyond prestige. Approved agencies gain access to various government tourism initiatives, inclusion in official tourism directories, participation in government-sponsored travel fairs, and eligibility for certain incentive schemes.

Furthermore, government recognition serves as a stepping stone toward international accreditations like IATA, as many global partners view this credential as a testament to your agency’s legitimacy and service quality. This approval also builds trust with potential clients who seek assurance of professional standards before booking their travel experiences.

How to Apply for a Travel Agency License in India?

Navigating the licensing process forms a critical part when you start a travel agency in India. Unlike many businesses, travel agencies require specific permits and registrations to operate legally and build trust with clients and industry partners.

The application process for a travel agency license typically begins with obtaining the basic business registration. First of all, you need to register your business entity—whether sole proprietorship, partnership, or private limited company—with the Registrar of Companies. This fundamental step establishes your legal identity as a business.

Once your business entity is registered, you must apply for a Shop and Establishment License from your local municipal corporation. This document legally authorizes you to conduct business from your commercial premises and is typically valid for one year, requiring annual renewal.

For those planning to conduct foreign exchange transactions, getting approval from the Reserve Bank of India (RBI) under the Foreign Exchange Management Act (FEMA) becomes essential. This permit allows your agency to deal with foreign currency—a necessity when handling international bookings.

In fact, regional licensing requirements vary across different states in India. States like Kerala, Goa, and Himachal Pradesh have their own tourism regulatory bodies that issue state-specific travel agency licenses. Therefore, checking with your state tourism department about local requirements is advisable.

In contrast to general business licenses, specialized travel licenses require additional documentation. Prepare copies of:

1. Business registration certificate
   
2. PAN card of the business
   
3. GST registration
   
4. Office ownership/lease agreement
   
5. Identity and address proof of proprietors/directors
   
6. Passport-size photographs of key personnel
   
7. Bank account details of the business
   

After this, anticipate a verification process that may include physical inspection of your office premises by licensing authorities. Processing times vary from 2-8 weeks depending on your location and the specific licenses applied for.

Remember that certain license applications require fees ranging from ₹5,000 to ₹25,000 based on the license type and your business category. Budget accordingly and maintain proper records of all applications and payments.

Conclusion

Starting a travel agency in India is a good business idea, especially with expected growth in 2025. This guide covers key steps to set up a successful travel business in India.

To start, choose your agency type, make a solid business plan, and budget carefully. Follow all legal rules, from basic licenses to GST registration. Getting industry certifications like IATA and government approval will boost your credibility.

You’ll need ₹3-5 lakhs for a small agency or ₹10-20 lakhs for a bigger one. This money covers essentials like office space, licenses, and initial costs.

Getting government recognition and licenses may seem tough, but these credentials show you’re a professional agency. Building partnerships with hotels and airlines is crucial for offering good services.

The market is good for agencies that focus on specific types of travel and use digital tools effectively. While starting an agency requires careful planning and following rules, the potential rewards in India’s growing tourism sector make it worthwhile. With good planning and following the steps in this guide, your travel agency can succeed in India’s changing tourism market.

Frequently Asked Questions

Common questions arise for entrepreneurs planning to establish travel businesses in India. Below are answers to the most frequently asked queries about starting your travel agency journey.

Benefits of USA Company Registration

It is highly advisable to go for U.S. incorporation when aiming to raise capital from U.S. investors or penetrate the U.S. market with product sales. Beyond the inherent credibility associated with a U.S. business entity, it instills investor confidence and aligns with U.S. regulatory expectations.

• It boasts a thriving and a diverse business ecosystem, providing access to a vast market, diverse consumer base, and a network of established businesses and startups.
• Companies incorporated in the U.S. often find it easier to attract investment, whether through venture capital, private equity, or public markets.
• It is home to renowned innovation hubs such as Silicon Valley, which fosters creativity, collaboration, and technological advancement. This can be especially beneficial for tech startups and businesses in emerging industries.
• It offers a relatively straightforward process for business incorporation. Many states, like Delaware, have business-friendly regulations and efficient online platforms that facilitate the setup and management of companies.
• While the U.S. tax system is complex, businesses may find advantages in various tax incentives and deductions, especially if structured as certain types of corporations.
• It can serve as a strategic base for international expansion, providing a gateway to both North American and global markets.

Types for Company Registration in USA from India

The United States offers several types of legal structures for businesses, each with its own characteristics and implications. Here are some of the most common types:

•  Single-Person Businesses

•  S Corporations

•  C- Corporations (C-Corp)

•  Limited Liability Companies (LLCs)

•  Non-profit Organizations

Regarding U.S. business structures, two predominant forms of incorporation stand out: Limited Liability Companies (LLCs) and C-Corporations (C-Corps). These structures offer distinct features tailored to diverse business needs and goals.

• If you want lower compliance and small franchise fees: An LLC may be a suitable choice, especially for small businesses or startups with simpler structures and a desire for reduced administrative burdens.
• If you want to raise funds: If the goal is to attract external investment, issue stock, or go public in the future, a C Corporation is often more attractive to investors and provides the necessary flexibility for these activities.

Minimum Requirements to register a company in the U.S.

To register a company in the U.S., several essential criteria must be met.

• Minimum Number of Individuals:
  At least one person is required to register a company in the U.S. This person can act as the sole owner or be part of a group of owners (members or shareholders), depending on the chosen business structure (e.g., LLC, corporation).
• Registered Agent in Delaware:
  If choosing to register the company in Delaware, having a registered agent in the state is a legal requirement. The registered agent is a person or entity designated to receive legal documents, official correspondence, and other important information on behalf of the company.
• U.S. Address:
  A U.S. address is required for official correspondence and legal purposes. This address can be either a physical location (such as a brick-and-mortar office) or a virtual address, depending on the nature of the business and the chosen state of registration.

Documents required for U.S. Incorporation

A succinct breakdown of the documents needed for the initial stages of business registration.

• Name Approval:
  The process for name approval is straightforward. In Delaware, you can perform a real-time search for the desired business name and immediately reserve it if available. This reservation ensures that your chosen business name is secured for your use.
• Director Details:
  Provide details about the directors or members of the company. This typically includes full names, addresses, contact information, and roles or titles within the company.
• Number of Shares and Value Per Share:
  Specify the number of authorized shares the company is allowed to issue. Also, determine the par value or the assigned value to each share.

Process for Company Registration in the USA

Must-Have Documents After Incorporation

Here’s a list of documents that a business typically receives after the registration process:

1. Certificate of Incorporation

• This document, issued by the state authorities, officially recognizes the establishment of the corporation. It includes important details such as the company's name, location, and date of incorporation.

2. EIN (Employer Identification Number)

• The EIN is a unique identifier assigned by the IRS for tax purposes. It typically takes 3 to 4 weeks through standard processing, but an expedited option is available, reducing the timeline to 3 days if you already possess a Social Security Number (SSN).
  This unique identifier, similar to India's PAN (Permanent Account Number), is necessary for various business activities, including opening a bank account, hiring employees, and filing tax returns.

3. Bylaws of the Company (Similar to Articles of Association)

• Bylaws are internal rules that govern the operation and management of the company. They outline procedures for meetings, decision-making, and other essential aspects of corporate governance.
  In some ways, they are similar to the Articles of Association mandated in India.

4. Banking Resolution

• A banking resolution is a formal document that authorizes specific individuals within the company to open and manage bank accounts on behalf of the corporation. It provides clarity and legal authority for banking-related activities.

5. Common Stock Certificate

• Common stock certificates represent ownership in the company. When shares are issued, these certificates are given to shareholders as evidence of their ownership stake in the corporation. They typically include details such as the shareholder's name, the number of shares, and the date of issuance.

Compliances for U.S.- Incorporated Companies

Let's dive into the detailed aspects of compliance for businesses in the US, particularly those with C-Corporation structures and operations in Delaware.

1. Federal Income Tax

• The Federal Income Tax rate of 21% applies to C-corporations in the United States. They are required to file a tax return annually using the IRS Form 1120. This form outlines the corporation's income, deductions, credits, and taxes owed, etc.

2. Withholding Tax and Related Party Transactions Disclosure

• Similar to Tax Deducted at Source (TDS), withholding Tax in the U.S. involves deducting a portion of payments made to non-residents for services, dividends, or interest. Additionally, disclosure of related party transactions is a key compliance requirement, ensuring transparency in financial dealings with affiliated entities.

3. Delaware State Franchise Tax

• Delaware imposes an annual franchise tax on corporations, and the amount varies depending on the type and size of the corporation. The calculation is often based on factors such as authorized shares or assumed par value capital.

4. Delaware State Corporate Income Tax

• In addition to federal taxes, C-Corporations operating within the state of Delaware are subject to state corporate income tax at a rate of 8.7% on income generated within the state.
  To meet state tax obligations, C-Corporations file the Delaware Form 1100, providing detailed information on income, deductions, and other relevant financial data.

5. Other Regulatory Compliances in Delaware

• Beyond tax-related obligations, businesses in Delaware must adhere to additional regulatory requirements. This includes filing an annual report with the Delaware Secretary of State.

In a nutshell, be it India or the U.S., there will be a lot of compliances to keep a record of. By diligently meeting these obligations, you can fulfill legal mandates and contribute to a robust and trustworthy business environment.

Incorporation in U.S. vs India

When expanding operations from India to the United States, a common strategy involves incorporating a new U.S. company, followed by transferring shares from the Indian parent company (which must be a Private Limited Company) to the newly formed U.S. entity. The Indian company would become a subsidiary of the U.S. company, and there is no such limit to the number of subsidiaries an entity can have.

Keep in mind the compliances and FEMA guidelines to be adhered to during this process, which establishes the U.S. company as a subsidiary of its Indian counterpart, creating a legal and financial separation. The benefits of this approach include improved access to U.S. markets, legal autonomy for each entity, and strategic financial advantages.

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*Prices and documents can differ based on the company type.