What is marginal relief ?

 

 

What is marginal relief ?

According to the Income-tax Act, 1961, a marginal relief is given to assesse whose taxable income is beyond the threshold limit after which surcharge is payable, but the net income above the threshold is less than the surcharge amount.

 

According the provision of Income Tax Act, 1961 all assesse

Individual,

Firm,

Co-operative society,

Hindu undivided family (HUF)

Artificial judicial person

Association of person (AOP)

Body of individual (BOI)

Domestic company

Foreign company

Limited liability partnership (LLP)

Are liable to pay surcharge if they exceed the prescribed limit of total income during the previous year of relevant assessment. Surcharge is additional tax on income tax amount.

Applicable surcharge rate for different assesse for financial year 2020-21 relevant assessment year 2021-22 are given below:

Tax payer   Total income limit  Surcharge rate on income tax amount.
 Individual/HUF/BOI/AOP/ artificial juridical  Total Income exceeding Rs.50,00,000 but does not exceeding 1 Crore 10%
Individual/HUF/BOI/AOP/ artificial juridical Total Income exceeding Rs.1 Crore but does not exceeding 2 Crore 15%
Individual/HUF/BOI/AOP/ artificial juridical Total Income exceeding Rs.1 but does not exceeding 2 Crore 25%
Individual/HUF/BOI/AOP/ artificial juridical Total Income exceeding Rs. 5 Crore 37%
Co-operative society/LLP/ Firm Total Income exceeding Rs.1 Crore  

 

12%

Domestic company Total Income exceeding Rs.1 but does not exceeding 10 Crore 7%
Domestic company Total Income exceeding Rs.10 Crore 12%
Foreign company Total Income exceeding Rs.1 but does not exceeding 10 Crore 2%
Foreign company Total Income exceeding Rs.10 Crore 5%

 

What is the marginal relief formula?

Example:

Mr. R aged 58 years whose total income for assessment year 2021-22 is Rs.50,25,000 calculate marginal relief

First we calculate Income Tax

 Income Rs.  Calculation  Income Tax Amount Rs.
 Up to 2,50,000 Nil Nil
2,50,001 to 5,00,000 2,50,000*5% 12,500
5,00,001 to 10,00,000 5,00,000*20%  1,00,000
 Above 10,00,000 40,25,000*30% 12,07,500
Total tax before  surcharge 13,20,000
 Add: Surcharge 10% 1,32,000
Less: Marginal Relief  Calculated surcharge minus Higher income

1,32,000-25,000=1,07,000

1,07,000
 Tax before cess 13,45,000
Add; Cess 4% on 1345000 53,800
Total Tax payable 13,98800

 

When marginal relief is applicable for individual?

 

Marginal relief is available when assesse liable to pay surcharge amount exceeding income

Example:

Please see in above mention example where Mr. R earned taxable total income RS.50, 25000 which is exceeding Rs. 25,000 from Rs.50, 00,000 and surcharge on it calculated Rs.1, 32,000

So that marginal relief is available to Mr. R RS. 107000

What is maximum marginal rate?

Example:

Please see in above mention example where Mr. R earned taxable total income RS.50, 25000 which is exceeding Rs. 25,000 from Rs.50, 00,000 and surcharge on it calculated Rs.1, 32,000

So that marginal relief is available to Mr. R RS. 107000

 

How is surcharge and cess calculated?

Example:

Mr. R aged 58 years whose total income for assessment year 2021-22 is Rs.50,25,000 calculate marginal relief

First we calculate Income Tax

 Income Rs.  Calculation  Income Tax Amount Rs.
 Up to 2,50,000 Nil Nil
2,50,001 to 5,00,000 2,50,000*5% 12,500
5,00,001 to 10,00,000 5,00,000*20%  1,00,000
 Above 10,00,000 40,25,000*30% 12,07,500
Total tax before  surcharge 13,20,000
 Add: Surcharge 10% 1,32,000
Less: Marginal Relief  Calculated surcharge minus Higher income

1,32,000-25,000=1,07,000

1,07,000
 Tax before cess 13,45,000
Add; Cess 4% on 1345000 53,800
Total Tax payable 13,98800

 

Conclusion:

According to Income Tax Act 1961 Central Government give marginal relief to avoid unfair with any assessee where an assessee exceeding only Rs.25,000 income ans increase his additional tax liability by Rs.1,32,000 as surcharge.  So that marginal relief provide such assesse.

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