Sec 115BBD: Withdrawal of concessional taxation rate on dividend income



Quick Summary
The concessional tax rate of 15% on dividend income received by Indian companies from specified foreign companies under Section 115BBD is being withdrawn. This change, effective from 1st April 2023, aligns the tax treatment of dividends from foreign companies with those from domestic companies, following the abolition of dividend distribution tax in 2020. Consequently, dividends received by Indian companies from foreign entities will now be taxed at applicable shareholder rates.

Withdrawal of concessional rate of taxation on dividend income under section 115BBD

1. Section 115BBD of the Act provides for a concessional rate of tax of 15 % on the dividend income received by an Indian company from a foreign company in which the said Indian company holds 26 % or more in nominal value of equity shares (specified foreign company). This rate was aligned to the rate of tax provided under section 115-O of the Act.

2. Finance Act, 2020 abolished the dividend distribution tax provided in section 115-O to, inter-alia, provide that dividend shall be taxed in the hands of the shareholder at applicable rates plus surcharge and cess.

Dividend Tax Rate Changes: Section 115BBD Explained

3. In order to provide parity in the tax treatment in case of dividends received by Indian companies from specified foreign companies vis a vis dividend received from domestic companies, it is proposed to amend section 115BBD of the Act to provide that the provisions of this section shall not apply to any assessment year beginning on or after the 1st day of April, 2023.

4. This amendment will take effect from 1st April, 2023 and will accordingly apply in relation to the assessment year 2023-24 and subsequent assessment years.

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FAQ :

Section 115BBD previously provided a concessional tax rate of 15% on dividend income received by an Indian company from a foreign company where the Indian company held 26% or more in nominal value of equity shares.

The concessional rate is being withdrawn to provide parity in tax treatment between dividends received by Indian companies from specified foreign companies and those received from domestic companies.

This amendment takes effect from 1st April 2023, applying to assessment year 2023-24 and subsequent assessment years.

Previously, dividend income received by an Indian company from a specified foreign company was taxed at a concessional rate of 15%.

After this change, dividend income received by Indian companies from specified foreign companies will be taxed at applicable rates plus surcharge and cess, similar to dividends from domestic companies.




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