Introduction
The Dividend Distribution Tax (DDT) was a tax levied on companies in India when paying dividends to shareholders. While it ensured the government received a share of corporate profits, the Finance Act 2020 abolished DDT for companies, making dividends taxable for shareholders instead. Here’s an overview of DDT, its impact, and changes in recent years.
What is Dividend Distribution Tax?
DDT was applied to the total dividend amount a company distributed to its shareholders. Before shareholders received their dividends, companies would deduct DDT, meaning shareholders received dividends net of DDT. This system applied to both domestic and foreign companies operating in India, although tax rates varied based on international tax treaties.
Key Aspects of DDT
- Who Paid DDT: Companies paid the DDT on dividends before distribution, and shareholders were exempt from paying additional tax on these dividends.
- Previous Tax Rate: The DDT rate was set at 15% of the gross dividend amount under Section 115O of the Income Tax Act. For certain deemed dividends under Section 2(22)(e), the DDT rate was 30%.
DDT Rate and Payment
The DDT rate applied was on the gross amount of dividends distributed. To avoid penalties, companies needed to remit DDT within 14 days of declaring, paying, or distributing dividends. Late payments attracted a 1% monthly interest on the outstanding tax until payment was completed.
Abolition of DDT (Finance Act 2020)
The Finance Act 2020 removed DDT obligations for companies. Instead, dividends became taxable in the hands of shareholders according to their tax brackets. The government took this step to reduce the corporate tax burden, support businesses, and attract foreign investment by avoiding double taxation of corporate profits.
- Shareholder Tax Implication: Under the new system, dividends are included in a shareholder’s total income and taxed at individual income tax rates.
- Double Taxation Relief: This reform eliminated double taxation on company profits, especially beneficial for shareholders in lower tax brackets.
When DDT Applied
Before its repeal, companies were required to pay DDT upon:
- Declaration of dividend
- Distribution of dividend
- Dividend payout
Special Provisions on DDT
- Interest Penalty: Companies failing to remit DDT within 14 days faced a 1% interest per month on overdue amounts, calculated from the due date to the actual payment date.
- Deductibility and Exemption: DDT was not deductible as a business expense, and companies couldn’t claim credits for DDT paid.
DDT and Mutual Funds
Mutual funds in India were also subject to DDT:
- Debt-Oriented Funds: DDT was levied at 25%.
- Equity-Oriented Funds: Initially exempt, equity-focused funds faced a 10% tax after 2018.
- Exemption for Investors: Mutual fund dividends were exempt in the hands of fundholders.
DDT for Private Companies
Private companies were also required to pay DDT at a rate of 15% on gross dividend amounts under Section 115-O of the Income Tax Act. These obligations created an additional layer of tax for private companies distributing dividends to their shareholders.
Considerations after the DDT Abolition
With the Finance Act 2020 reform:
- Direct Taxation for Shareholders: Shareholders in lower tax brackets now directly add dividends to their income.
- No DDT Deductibility for Companies: Previously, DDT was a separate tax liability for companies, non-deductible from other income taxes.
- Threshold Exemption: If total income, including dividends, remains below the taxable threshold, shareholders do not face income tax on these dividends.
- Section 115BBD Concession: Indian companies receive a 15% concession for dividends from foreign subsidiaries.
- New Pension System Trust Exemption: Dividends paid to New Pension System Trusts are DDT-exempt.
Conclusion
The Dividend Distribution Tax significantly impacted corporate dividend policies and tax liabilities. However, its abolition by the Finance Act 2020 shifted the tax responsibility to shareholders, aligning with global tax norms and reducing the tax burden on Indian companies. As dividends are now taxed directly under individual tax brackets, it provides relief for corporations while ensuring streamlined taxation.