income tax

Income Tax Assessment for AOPs and BOIs: AY 2024-2025 Guide

Understanding Income Tax Assessment for AOP and BOI for AY 2024-2025

This guide provides an overview of Income Tax Assessment for Associations of Persons (AOP) and Bodies of Individuals (BOI) for the Assessment Year (AY) 2024-2025. It covers the computation of Gross Total Income, available deductions, applicable tax rates, special income categories, and recent amendments introduced by the Finance Act 2023, especially focusing on Section 115BAC, which features revised tax rates. Stay updated about the latest tax slabs and surcharge rates for AOPs and BOIs.

Definition of AOP and BOI

An Association of Persons (AOP) is defined as a collective of two or more individuals united for a common goal or action that yields income, profits, or gains. Under the Income Tax Act, AOPs and BOIs are recognized as distinct entities for assessment purposes.

Gross Total Income Computation for AY 2024-2025

Gross Total Income is calculated by summing up the following income categories:

  1. Income from House Property
  2. Income from Business or Profession
  3. Income from Capital Gains
  4. Income from Other Sources

Deductions Available to AOP and BOI

AOPs and BOIs can avail themselves of various deductions, including:

  • Section 80G: Donations to charitable institutions
  • Section 80GGA: Donations for scientific research
  • Section 80GGC: Contributions to political parties
  • Section 80IA: Deductions for profit from industrial undertakings
  • Section IAB: Deductions for certain projects in notified sectors
  • Section IB: Deductions for certain partnerships and LLPs
  • Section 80IBA: Deductions for housing projects
  • Section 80IC: Deductions for units established in special economic zones
  • Section 80IE: Deductions for startup units
  • Section 80JJA: Deductions for new workmen
  • Section 80JJAA: Deductions for additional wages
  • Section 80LA: Deductions for eligible units in international financial services

Tax Rates Applicable to AOP and BOI

Tax Structure for AOP and BOI

The tax rates applicable to AOPs and BOIs are structured as follows:

Special Income Taxation

  • Long-term Capital Gains: Taxed at 10% or 20%
  • Short-term Capital Gains under Section 111A: Taxed at 15%
  • Income from Lotteries and Crossword Puzzles: Taxed at 30%
  • Maximum Marginal Rate: 42.744% (comprising 30% + 37% surcharge + 4% Health and Education Cess)

Tax Slabs for AOP (Taxed at Individual Rates)

Total IncomeTax Rates (Percentage)
Up to Rs 250,000Nil
Rs 250,001 to 500,0005%
Rs 500,001 to 1,000,00020%
Above Rs 1,000,00030%

Amendments in the Finance Act 2023

Effective April 1, 2024, the Finance Act 2023 introduces amendments under Section 115BAC pertinent to AOPs and BOIs:

Section 115BAC Tax Rates

Total IncomeTax Rates (Percentage)
Up to Rs 300,000Nil
Rs 300,001 to 600,0005%
Rs 600,001 to 900,00010%
Rs 900,001 to 1,200,00015%
Rs 1,200,001 to 1,500,00020%
Above Rs 1,500,00030%

Surcharge Rates for AY 2024-25

The table below summarizes the surcharge rates for Individuals, HUFs, AOPs, BOIs, and Artificial Juridical Persons:

Nature of IncomeUp to Rs. 50 lakhsMore than Rs. 50 lakhs up to Rs. 1 croreMore than Rs. 1 crore up to Rs. 2 croresMore than Rs. 2 crores up to Rs. 5 croresMore than Rs. 5 crores
Short-term Capital Gain under Section 111A or 115ADNil10%15%15%15%
Long-term Capital Gain under Section 112A or 115ADNil10%15%15%15%
Dividend Income (excluding special rates)Nil10%15%15%15%
Unexplained Income under Section 115BBE25%25%25%25%25%
Any Other IncomeNil10%15%25%37%

For AOPs choosing the alternate tax regime under Section 115BAC, the surcharge will be 25%, capping at 15% for AOPs composed entirely of companies.

Key Amendments Summary

Recent changes to Section 115BAC include:

  • Marginal Heading Adjustments: New categories for assessment have been established.
  • Introduction of Sub-section 1A: This outlines tax computation methods for AOPs and BOIs commencing in April 2024.
  • Adjustments to Deductions: Updated guidelines for calculating total income and conditions regarding capital gains deductions have been fine-tuned.

Conclusion

Grasping the details of tax assessment for AOPs and BOIs is crucial for effective financial planning and compliance. The amendments introduced in the Finance Act 2023 highlight the evolving landscape of tax regulations that organizations need to navigate.