Taxability of Dividend w.e.f F.Y 2020-2021 (2024)

CA Mamta Chopra
| Income Tax - Articles
01 Feb 2021
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Taxability of Dividend from F.Y 2020-21 for Shareholders-

From F.Y 2020-21, Section 10(34) has been withdrawn-Exempting dividend Income from taxation.

Also earlier Section 115BBDA that provided taxability of dividend over Rs 10 lakhs is of no relevance in hands of shareholders.

Taxation of Dividend in hands of shareholders- Dividend can be taxable under head- Income from other sources or Business Income…It means if shares are held for trading purposes then business income and if shares are held as an investment then taxable as Income from other sources.

Deduction from Dividend Income- Depending upon nature of income- Assessee can claim deductions of all expenditures which have been incurred to earn that dividend income such as interest on loan,collection charges etc in case taxable as business income.

Also Assessee can claim deduction to extent of 20% of total dividend income but deduction related to interest expenditure only. No deduction shall be allowed for any other expenditure.

Now Next question Tax Rate of Dividend- Dividend shall be taxable at normal tax rates as applicable except-

Resident Individual being employee of indian company or subsidiary engaged in IT,Entertainment ,pharmaceutical or bio-technology industry receives dividend in respect of GDRs issued by such company under Employees Stock option Scheme …dividend shall be taxable at rate of 10 % without any deduction under income tax act.

Obligation of Indian Companies- As per new provisions, An Indian Company is required to deduct tax at source u/s 194 & 195 in case of residents and non –resident shareholders respectively. Indian company may be listed company or unlisted company.

Section 194- Rate of TDS is 10 % and Threshold limit is Rs 5000 for dividend paid other than cash only for Resident Individual. Due to outbreak of COVID-19 pandemic rate of TDS REDUCED to 7.5% instead of 10% w.e.f 14.05.2020 and shall be applicable till 31.03.2021.

The threshold limit does not apply in case the shareholder is a HUF, FIRMS, COMPANY, TRUSTS ETC. i.e TDS is required to be deducted on entire dividend amount. Further threshold limit of Rs 5000 apply only when dividend is paid other than cash. Also, if shareholder does not provide PAN to company then rate of TDS shall be increased to 20 %.

Shareholders exempt from TDS- NO TDS is required to be deducted when shareholder is the following insurance companies-

Life Insurance Corporation of india
General Insuarnce Corporation of India
Any other insurer
In respect of shares owned by it.
Further, NO TDS on dividend on filling of FORM 15G/FORM 15H to the company paying the dividend.
A non-resident individual cannot furnish FORM 15G OR FORM 15H.
NO tds on dividend on furnishing of lower/NIL tds certificate u/s 197.
NO tds on dividend paid to Mutual Funds and Insuarnce companies.

Section 195- In case recipient shareholder is a non-resident shareholder then tax shall be deducted under Section 195.Dividend payment to non –resident shareholders is subject to withholding tax at rate of 20% increased by surcharge and health and education cess of 4%. A lower rate for tax may apply if benefit of the tax treaty /DTAA is available to shareholders.

TDS @ 20% on dividend paid to Foreign Institutional Investors or Foreign Portfolio Investors u/s 196C/196D of the Income tax Act.

Rate of surcharge in case of non –resident individuals/HUF/AOP/BOI-

Amount of Dividend	Section 195	Section 196C/196D
UP TO Rs 50lakhs	Nil	Nil
50lakhs-1 crore	10%	10%
1 crore-2 crore	15%	15%
2 Crore-5 crore	15%	25%
Above 5 crore	15%	37%