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ARTICLE · 09 APRIL 2013

Tax On Distributed Profits

S&A Law Offices
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Dividend distribution tax is an income tax on the distributable profits of the domestic company.

IndiaTax

Article by Megha Kapoor and Sanjana Bakshi*

In simple terms, distributed profits are those earnings which are shared with shareholders as dividend. Section 115-O of the Income Tax, 1961 refers to dividend ditribution tax as an additional income tax. Such tax is not in the nature of withholding tax. It is a levy on the post tax profits of the company out of which the dividend is declared or distributed.

Thus, it is clear that the dividend distribution tax is an income tax on the distributable profits of the domestic company.

Pre-Amendment

Section 115-O: - Tax On Distributed Profits of Domestic Companies

The Domestic Company shall, in addition to the income tax chargeable in respect of its total income, be liable to pay additional income tax on any amount declared, distributed or paid by such company by way of dividend (whether interim or otherwise), whether out of current or accumulated profits and shall be charged to additional income-tax at the rate of

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