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Angel Tax Scrapped on Foreign Investment

  • In a significant relief for India’s fledgling start-ups, the finance minister announced the scrapping of the contentious angel tax on foreign investments.
  • This measure is expected to ease funding woes, bolster the Indian start-up ecosystem, boost entrepreneurial spirit, and support innovation.
  • The significance of this development is underscored by the fact that start-up funding fell 60% in 2023 to $10 billion, according to the Indian Tech Startup Funding Report 2023 by Inc42.

Angel Tax
• The Angel Tax, formally known as Section 56(2) (viib) of the Income Tax Act (ITA), was introduced in 2012.
• It aimed to regulate investments made by unlisted companies through the issuance of shares, imposing a tax on any premium paid by investors above the fair market value of the shares.
• This premium was classified as “income from other sources” and subjected to taxation.
• This provision was added to the ITA by the Finance Act of 2012 to address concerns about money laundering and the inflow of unaccounted funds.

  • The angel tax had been opposed by several industry players who believed it curbed foreign investment.
  • Several key issues arose with the Angel Tax,
  • Including its impact on share valuation
  • The treatment of estimated figures in the discounted cash flow (DCF) method
  • The scrutiny of funding sources and investor credibility.
  • The retrospective application of the tax and its
  • The effect of the conversion of convertible instruments into equity.

Dig Deeper: Read about the perks that startups in India enjoy under the Start-Up India Scheme.

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