Section 44B of Income Tax Act – Shipping Business of Non Residents

SHIPPING BUSINESS OF NON-RESIDENTS – SECTION 44B OF INCOME TAX ACT

Who can opt for presumptive tax provisions ?

Any non-resident engaged in business of operations of ships may opt for presumptive taxation under Section 44B of Income Tax Act.  It is not mandatory, for a person who is engaged in the business of operations of ships, to  follow the provisions of Section 44B. Such a person can opt to be governed by the normal provisions of Income Tax Act, and maintain the required books of accounts and other documents, for the purpose of arriving at their taxable income in India.

What would be the profits and gains of non-resident ?

Profits of a non-resident  who is  engaged in the business of operation of ships and opts for the provisions of Section 44B of Income Tax Act, would to be   7.5% of the aggregate of the specified receipts. Kindly note, that it is the profit and gains of Business and profession, and not the Tax amount, that is calculated above at 7.5% of the aggregate of the specified receipts. The tax payable by the  non-resident, would be calculated by applying the normal tax rate applicable to such at 7.5% of the aggregate of the specified receipts non-resident to such profits .

For this purpose, the specified receipts shall be aggregate of following amounts  :

Receipts from goods shipped at any port in India : –

• Such receipts, shall include amount paid or payable, on account of carriage of passengers, livestock, mail or goods shipped at any port in India;
• The amount may be paid for payable in India or Outside India ;
• The amount may be paid for payable to the assessee or to any person on his behalf.

NOTE : –

Such amount shall also include demurrage charges or handling charges or any other amount of similar nature.

Receipts from goods shipped at any port outside India : –

• Such receipts, shall include amount paid or payable, on account of carriage of passengers, livestock, mail or goods shipped at any port outside India;
• The amount may be received in India or deemed to be received in India; and
• The amount received in India or deemed to be received in India by assessee or on behalf of the assessee .

NOTE : –

Such amount shall also include demurrage charges or handling charges or any other amount of similar nature.

SUMMARY OF WHAT SHALL CONSTITUTE SPECIFIED RECEIPTS

Example 1

A foreign shipping company received following amounts on account of carriage of passengers from Chennai : –

1. Rs 20 lakhs in India ; and
2. Rs 1 crore in Malaysia

Calculate the presumptive income of the Foreign shipping company , if it opts to be governed under Section 44B ?

Solution

 

Example 2

In Example 1, if the carriage of passengers was also  from Malaysia for freight received in Malaysia, what would be the Presumptive income under Section 44B  ?

Solution

NOTE : –

Only freight received in India will be considered in case of carriage of passengers from any port outside India (i.e, ., Malaysia)

II. DEDUCTION OF ANY EXPENDITURE

No deduction of any expenditure , which is incurred under   Section 28 to 43A would be allowed , while computing presumptive income of the non-resident u/s 44B.

III. CARRY FORWARD AND SET-OFF OF LOSSES

An assessee who has opted to be governed by the provision of Section 44B, shall be entitled  to carry forward , and set-off of losses as per the normal provision of the IT Act. These benefits are not available while computing income u/s 172.

IV. DEDUCTION UNDER CHAPTER VI-A

All deductions under Chapter VI-A from Section 80C to Section 80U would be available to taxpayers opting for presumptive taxation under Section 44B of Income Tax Act. These benefits are not available while computing income u/s 172.

NOTE : –

Provisions of Section 44B of Income Tax Act are only for computing the presumptive income. Tax liability will be determined as per normal provisions of the IT Act.

Example

Mr. Jim is a non-resident and is engaged in shipping business. During the previous year 2019-20, he collects following freight (Mr. Jim does not have any other income in India) : –

• 50 lakhs, for shipping of goods from Chennai port (Amount of freight was paid in India). He also collects demurrage charges of Rs. 60,000 and handling charges of Rs. 40,000 in India.
• 2 crore for shipping of goods from Singapore port (freight paid in Singapore)
• 1 crore for shipping of goods from Malaysian port (freight paid in India)
• He incurred expenditure of Rs 5 lakhs in India for such shipping business.
• He had brought forward loss of Rs 50,000 from manufacturing business in India.

Compute the tax liability of Mr. Jim, assuming he opts for the provision of Section 44B ?

Notes

1. When goods are shipped from any port outside India, freight should be received in India or deemed to be received in India in order to include it in taxable income. As goods are shipped from Singapore Port, freight received in Singapore would not be considered under Section 44B.
2. While calculating presumptive income under Section 44B of Income Tax Act, deduction of business expenditure would not be allowed.
3. Provisions of Section 44B of Income Tax Act are only for computing presumptive income. Tax liability will be determined as per normal slab rates applicable to Individuals.

EXAMPLE : –

In the aforesaid example, assume that assessee is also eligible to claim Chapter VI-A deduction of Rs 1,00,000, while all other facts remain unchanged. Compute the tax liability of Mr. Jim ?

SOLUTION :-