DPIIT – Startup Tax Exemption u/s 80IAC
Newly established and incorporated startups often face shortage of financial resources during their initial stages of operations, which further has a negative impact on their sales and profits. The situation is further worsened when out of the minimal income they somehow manage to earn, a huge chunk goes towards meeting various legal and tax compliances, hardly leaving anything behind for further investment. The government has allowed several tax exemptions for Startups in India to help them face this tough challenge, and one of them is provided under Section 80-IAC of the Income Tax. Under this Section, a 100% tax deduction is allowed on the profits earned by eligible startups for three consecutive financial years, while assessing their total taxable income. However, such a startup must not be older than 10 years since incorporation/registration and must not have a turnover exceeding Rs.100 crores in any financial year since its establishment.
Eligibility for startup tax exemption u/s 80IAC
To claim exemptions under section 80-IAC of the Income Tax Act, businesses must meet certain prescribed criteria. A complete list of all such criteria have been provided in the table below. It is extremely necessary to determine, based on these criteria, the eligibility for Startups in Tax exemptions u/s 80IAC before the filing process begins.
1. Not older than 10 years
2. New and Original Entity
3. Recognized as Startup by the DPIIT
4. Operates with New Plant and Machinery
5. Either a company or an LLP or registered partnership firm
6. Incorporated after 1st April 2016
7. Turnover not exceeding Rs.100 crores
8. Financial growth, employment or wealth creation as the only objectives
9. Must deal in innovative products, services, or processes
Benefits of startup tax exemption u/s 80IAC
Among the various tax exemptions for Startups in India, benefits of tax exemption u/s 80 IAC of theIncome Tax are quite a prominent one. You can refer to the table below for a brief and precise explanation on all these benefits.
100% Tax Deduction
100% tax deduction on profits can be claimed by eligible Startups while computing their taxable income
Tax Exemption for Startups
Eligible startups get tax exemption under section 80IAC for 3 consecutive financial years within the first 10 years of the Startup’s incorporation/registration
Reduced Tax Burden
Deductions u/s 80-IAC helps cope Startups with the heavy tax burden they face in their initial stages.
Easy & affordable to claim
To claim deductions u/s 80-IAC, a simple online application can be filed without any government fee
Documents Required for claiming Section 80-IAC Exemption
Accurate and Adequate documentation is key to the approval of 80-IAC application. Among the necessary documents required are the basic incorporation documents of the startup, its account statements, income returns, and the documents validating the concept and current stage of the startup.
List of Details & Documents | |
1. | Name, address, and nature of business of the startup |
2. | Date of Incorporation Number and CIN / LLPIN |
3. | Permanent Account Number (PAN) of the startup |
4. | DIPP Number of the Startup after its recognition by the DPIIT |
5. | Contact Information of the Startup (E-mail ID and Contact Number) |
6. | Copy of the Memorandum of Association of the company, or LLP Deed of the LLP or Registered Partnership Agreement |
7. | Copy of the Board Resolution, in case of a company, if any |
8. | Copies of the startup’s Balance Sheet and Profit & Loss Statement of the last 3 financial years, certified by a practising Chartered Accountant |
9. | Copies of Income Tax Returns of the last 3 financial years mandatory, if it was incorporated before 1st April, 2018 |
10. | Copy of Certificate obtained under section 56 of the Income Tax Act (Eligibility under this section) |
11. | Video link and copy of pitch deck required according to the stage in which the startup is (ideation / validation / early traction / scaling) |
We recommend you send the soft copies of documents along with the filled questionnaire that our startup advisors will share with you. We will verify the information and legal documents sent to us. Please contact us for further clarifications.
How to apply for 80IAC exemption of the Income Tax Act?
STEP 1 – Documentation
The process to avail 80-IAC deduction under the Income Tax Act is completely application-based. So, like all other applications, there is long list of documents required to be attached with it, as well. Since, we consider documentation as the most important aspect of any application and one of the major reasons for its ultimate approval or rejection by the concerned authority, we strongly recommend every applicant to ensure the possession of all the documents required to apply for tax exemption u/s 80IAC in their correct formats and with the updated information, beforehand, to avoid any hindrances later.
STEP 2 – Login to the Startup India Portal
After arranging all the necessary documents, the next step is to visit the official website of Startup India, and under the head “Recognition” on the main menu, choose “Apply for Tax Exemptions”. You will be asked to log into the portal using your login credentials.
STEP 3 – Fill out the Application form
After you log in, the application form for claiming 80-IAC exemption will appear on the screen. You are required to fill these forms with necessary details of the startup like its name, address, business activity/industry, contact information, incorporation, and PAN details. Also, since the startup is already recognized by the DPIIT, you are also required to submit the DIPP number mentioned in its Startup India Recognition Certificate.
STEP 4 – Upload all necessary attachments
After you are done with filling out all the details, you can upload all the necessary supporting attachments like the constitution documents of the startup (MOA or LLP Deed), copy of annual accounts and ITR, video link, and pitch deck explaining the product prototype and idea behind establishing the Start Up.
STEP 5 – Enter the details of the authorized signatory
The last set of details to be filled in the application, after all the basic details of the startup and the respective supportive documents are uploaded, are the details of the authorized signatory, including his name and designation. The authorised signatory is usually one of the directors / designated partners of the startup, appointed for this purpose by the Board if it is a company and Partners if it is an LLP.
STEP 6 – Submit the Application
Once all the details have been filled out correctly, and all the documents have been uploaded in their prescribed formats, you can finally submit your application on the Startup India Portal itself. The application will be processed by the concerned authority, and if approved, you will be able to claim tax deduction under Section 80-IAC of the application.