Wealth tax returns

Every individual, who has wealth exceeding Rs 15 lakh, is required to pay wealth tax as well as file a return of wealth tax with the revenue authorities by July 31, immediately following the end of the previous year (the previous year runs from April 1 to March 31).

Currently, the wealth tax rate is 1%. Wealth is the value of prescribed assets of an individual as reduced by debts owed in respect of assets. Therefore, if the asset is valued at Rs 20 lakh and the outstanding loan against the asset is Rs 16 lakh, the amount that would be considered as wealth would be Rs 4 lakh.

An important point to note is that the value for the purpose of wealth-tax would be the value of the assets as on the last day of the respective previous year (i.e., March 31). There are prescribed guidelines that need to be followed for valuation of the assets. Here’s an example. Sunil owns the following assets as on March 31, 2008: One residential house valued at Rs 60 lakh; one motor car valued at Rs 10 lakh; a bank balance of Rs 3 lakh; shares valued at Rs 57 lakh and gold jewellery valued at Rs 20 lakh.

Would this mean that Sunil has wealth of Rs 1.5 crore and he has to pay a wealth-tax of Rs 1.35 lakh? (i.e., 1% of Rs 1.35 crore as mentioned above. It should be noted that only wealth exceeding Rs 15 lakh is taxable). Thankfully the answer is No! While the definition of assets covered under wealth tax is extremely wide, fortunately a description has been provided for assets that fall within the purview of wealth-tax. Broadly, the following assets are considered as part of the taxable wealth: House, motor car, jewellery, cash in hand in excess of Rs 50,000, urban land and yachts, boats and aircraft.

Therefore, in our example, shares and the bank balance are not covered as taxable assets. In addition to this, even the covered assets enjoy certain exemptions. Typically, the wealth tax is only applicable on non-productive assets. Thus, where the aforesaid assets are used for commercial purposes (like boats and aircraft) or held as stock for trading purposes (like jewellery and motor car), they are not liable to wealth tax. One must be careful in examining the exemptions that are available in respect of each asset.

Let us for instance, look closely at the definition of house. Your own house, in which you reside, is not an asset subject to wealth tax, nor is a plot of land owned by you provided that it does not exceed 500 sq metres. A house held as stock in trade or used for own business or profession is also exempt, as are commercial complexes. If a residential property has been let out for 300 days or more in the previous year, the same is also exempt from wealth-tax.

Therefore, in Sunil’s case, even the residential house is exempt from wealth tax (and only the car and jewellery are finally liable to wealth tax). After all this, Sunil would only be liable to pay wealth tax on the value of Rs 30 lakh, the wealth tax amounting to a mere Rs 15,000. You must also note that dispersing ownership of the asset amongst family members may not exempt you from being taxed. Similar to the income tax provisions, there are provisions for clubbing where assets transferred by an individual to his spouse, son’s wife or to a person for the benefit of spouse or son’s wife without adequate consideration form part of his/her wealth and not the transferee’s. While resident Indians are liable to wealth tax on their global wealth, foreign citizens please note that your assets situated in India are also liable to wealth tax in India