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What is Advance Tax? – Concept | Due Dates | Interest Penalties

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Advance Tax

Advance tax, also referred to as "pay-as-you-earn" tax, is a system where taxpayers make payments towards their estimated tax liability in instalments instead of paying the full amount at the end of the fiscal year. This method helps in the dispersion of the tax collection throughout the year and aids in reducing the burden of a lump sum payment at the end of the fiscal period.

Individuals and businesses with a certain level of income are required to pay advance tax if their tax liability exceeds a specific threshold after accounting for Tax Deducted at Source (TDS) or Tax Collected at Source (TCS). Typically, this applies to salaried employees, freelancers, and businesses, among others. The rules, thresholds, and due dates for advance tax payments can vary by country and are governed by the respective tax laws. Failure to comply with advance tax requirements can result in penalties and interest charges.

Table of Contents

  1. What is Advance Tax in Income Tax?
  2. Due Dates for Payment of Advance Tax
  3. What if someone doesn’t pay it by 15th March?
  4. Conclusion

Advance tax stands as the choreographer, guiding taxpayers through the rhythmic steps of timely contributions of income tax. It’s not just a matter of meeting legal obligations but a proactive stance against the discordant notes of interest costs. Let us see what differences would arise in interest costs and what significant repercussions one might face in case of not paying or short-paying the amount. Also, let us learn how taxpayers can save interest even on paying advance tax after 15th March of financial year.

1. What is Advance Tax in Income Tax?

It is a system of staggered payment of income tax by taxpayers throughout the financial year, as opposed to paying the entire tax liability after the end of the year.

In India, advance tax applies to all assessees with a tax liability of Rs. 10,000 or above, except to a resident senior citizen with age ≥ 60 years having no income under the head profits/gains from business and profession.

Taxmann.com | Research | Income Tax

2. Due Dates for Payment of Advance Tax

 

For the relevant previous year

Amount payable, not less than as a percentage of total advance tax payable

Quarters

Instalment, on or before

(a)

For assessees other than those opting for presumptive taxation u/s 44AD and 44ADA

April to June

15th June

15%

July to September

15th September

45%

October to December

15th December

75%

January to March

15th March

100%

(b)For assessees opting for presumptive taxation u/s 44AD and 44ADA
Whole Year15th March100%

3. What if someone doesn’t pay it by 15th March?

The amount paid after 15th March but on or before 31st March shall also be treated as Advance Tax paid during the financial year and only interest under Sections 234B & 234C for those few days would be levied.

Let us take an example

Mr Yash has a net tax payable of Rs. 2,60,000 for A.Y. 24-25 after all the deductions and TDS/TCS credits. Further, he has opted out of the default tax regime and paid the following advance tax installments and will file his return of income with the remaining tax liability on 31st July 2024.

Installment paidAmount (In Rs.)
11th June 202330,000
8th September 202340,000
14th December 202335,000
5th March 202445,000
25th March 202420,000
Total1,70,000

Let’s understand the final tax amount payable by Mr Yash

Interest under Section 234B

Section 234B provides for a levy of interest on a default in payment of the advance tax. Interest under this section is levied in the following two cases:

  1. When the taxpayer has failed to pay advance tax though he is liable to pay; or
  2. Where the tax paid by the taxpayer is less than 90% of the assessed tax

Rate of Interest: The taxpayer is liable to pay simple interest at 1% per month or part of a month for a default in payment of the advance tax.

Amount: Interest is levied on the amount of unpaid advance tax. If there is a shortfall in the payment, then an interest is levied on the amount by which tax is short-paid which is the assessed tax less any advance tax paid.

Period of Interest: Interest under section 234B is levied from the first day of the assessment year, i.e., from 1st April up to the date of payment of self-assessment tax, computed on the amount of unpaid/short advance tax.

Continuing Mr Yash’s example,

ParticularsAmount in Rs.
Assessed Tax [A]2,60,000
Total Advance Tax Paid [B]1,70,000
Shortfall [C] = [A]-[B]90,000
Number of months from 1/4/24 to 31/7/2024 [D]4
Rate of Simple Interest per month [E]1%
Interest Amount = [C]*[D]*[E]3,600

Interest under Section 234C

Interest under section 234C is levied, if the advance tax paid in any installment (s) is less than the required amount @ 1% per month or part of a month for short payment/non-payment of individual installment (s).

Period: It is levied for a period of 3 months, in case of a shortfall in payment of 1st, 2nd, and 3rd installments and for 1 month, in case of a shortfall in payment of last installment.

Continuing Mr Yash’s example,

Instalment, on or beforeRequired % of Assessed TaxRequired Amount [B] = 2,60,000*[A]Actual PaidCumulative Amount [C]Shortfall [D] = [B] – [C]Interest [D]*1%*Months
15th June15%39,00030,00030,0009,000270
15th Sep45%1,17,00040,00070,00047,0001,410
15th Dec75%1,95,00035,0001,05,00090,0002,700
15th Mar100%2,60,00045,0001,50,0001,10,0001,100
5,480

Calculation of the Total Tax Payable – Scenario Analysis

ParticularsMr Yash’s caseIf Advance tax was paid properlyIf no Advance tax was paid
Net Tax Liability [A]2,60,0002,60,0002,60,000
Interest u/s 234B [B]3,600010,400
Interest u/s 234C [C]5,480013,130
Total Interest Payable [D] = [B] + [C]9,080023,530
Total Tax Liability [A] + [D]2,69,0802,60,0002,83,530

The significance of tax payment can be seen from the given calculation where interest of Rs. 9,080 is levied in case of short payment and interest of Rs. 23,530 is levied in case of no payment.

4. Conclusion

Failure to pay tax or underestimating the liability may attract penalties and interest charges, so it’s essential for taxpayers to comply with the requirements to avoid such consequences. Its timely payment orchestrates a harmonious symphony of fiscal responsibility, ensuring the smooth flow of revenue streams into the state’s coffers.

The post What is Advance Tax? – Concept | Due Dates | Interest Penalties appeared first on Taxmann Blog.

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