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Surcharge on FBT

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CA Ravish Trivedi (The Possibilities are Infinite...)   (772 Points)
Replied 06 October 2008

Plz note that in case of Company and firms surcharge is always applicable irrespective of any income .hence tax rate is 33.99% always.



(Guest)
Please clarify whether travelling and food expenses reimbursed to interview candidates and other expenses incurred for staff recruitment will attract FBT?


(Guest)
Originally posted by :Shiva
" Please tell me if Surcharge on FBT is appliacble in case Partnership Firm's total income does not exceed 1 Crore.
(Whether surcharge applicable when the total income exceeds 1 crore but Value of fringe benefit does not exceed 1 Crores)
 
"


 

Surcharge on FBT ( @ 10%) is appliacble in case Partnership Firm's whether the firm profit is Rs. 1Hundred or Rs 1Crore


CA jayalakshmi (Associate consultant) (235 Points)
Replied 15 February 2009

For FBT calculation there is no need to consider the Firm's Turnover and surcharge @ 10% will attract.Therefore the FBT rate for firms is 33.99%

 


CA Sakshi (CA Practice) (309 Points)
Replied 15 February 2009

Surcharge on FBT is applicable on partnership farm. No limit of 1crore is specified for FBT.




Mayank Pandey (Chartered Accountant) (24 Points)
Replied 08 July 2009

I quote below from Chapter II, pertaining to Rates of Tax, of the Finance Bill 2008

 

[Provided also that in respect of any fringe benefits chargeable to tax under section 115WA of the Income-tax Act, income-tax computed under this sub-section shall be increased by a surcharge, for purposes of the Union, calculated—

(a) in the case of every association of persons and body of individuals, whether incorporated or not, at the rate of ten per cent of income-tax where the fringe benefits exceed ten lakh rupees;

(b) in the case of every firm, artificial juridical person referred to in sub-clause (v) of clause (a) of section 115W of the Income-tax Act, and domestic company, at the rate of ten per cent. of such
income-tax;

(c) in the case of every company, other than a domestic company, at the rate of two and one-half per cent. of such income-tax.]



Although the FA 2007 had exempted firms and companies from paying surcharge if their total income didn't exceed Rs 1 crore, this benefit hadn't been extended to the FBT. The AOPs and BOIs, however, won't pay any Surcharge if the value of their fringe benefit didn't exceed Rs 10 lacs. The government obviously was reluctant to extend the largesse of doing away with SC up to a TI of Rs 1 crore to the fringe benefits of firms/companies as well, because the fringe benefits would cross Rs 1 crore in a very few cases.

So irrespective of the value of the fringe benefits provided by them, all firms and companies have to shell out SC on FBT.


CA. Mamta (PRACTICE) (30 Points)
Replied 07 September 2009

can u please tell me wat is the concept of applicability of surcharge in case of FBT

 


CA. Mamta (PRACTICE) (30 Points)
Replied 07 September 2009

can i get a clear ans about the above concept



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