What Is Tax Avoidance?

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    Payment of taxes is an essential part of being a responsible citizen, but sometimes the taxes can turn out to be a little higher than we expect. This is where the provision of tax avoidance comes into play. Tax avoidance is a way to legally reduce your income tax amount for both individuals and businesses. This encompasses taking advantage of every deduction and credit an individual or business is entitled to. Tax avoidance can also include tax-friendly investments like municipal bonds. Here is everything you would want to know about tax avoidance, how to go about it and how it is different from tax evasion. 

    Types of tax avoidance  

    There are three types of tax avoidance. Here is a deeper look at them:

    The Standard Deduction

    The taxpayers in India have the provision and option to claim a standard deduction, which is a predefined amount set by the government. For most freelancers, investors and small business owners, business expense receipts are eligible for tax deductions. This is the reason why a lot of them keep these receipts safe. 

    Retirement Savings

    Individuals who are on an employer retirement plan can use their retirement savings to save on taxes. This means contributing to retirement accounts like the PPF i.e. the Public Provident Fund or the NPS i.e. the National Pension Scheme

    Workplace Expenses

    Particular workplace expenses are eligible for tax deductions. This can include travel expenses, office rent and professional fees too. 

    Difference between tax evasion and tax avoidance

    Though the two might sound very similar, it is important to know the difference between tax avoidance and tax evasion to be legally safe.

    Tax Evasion 

    The very first thing you need to know about tax evasion is that it is illegal. Tax evasion includes the deliberate attempt to hide one’s income and provide wrong or false information to lower tax bills. With tax evasion comes serious consequences like heavy fines and the possibility of imprisonment.  

    Tax Avoidance

    Tax avoidance, on the other hand, is an attempt by an individual or a business to reduce their income tax amount by using deductions, credits, exemptions, investments etc. Tax avoidance, unlike tax evasion, is not illegal. 

    Common tax avoidance strategies in India

    There are three strategies in particular that individuals and businesses can use to avoid paying too much tax. Here is a deep dive into them.

    Using deductions

    Here is a look at certain sections of the Income Tax Act that help with deductions:

    • Section 80C: Allows a maximum deduction of ₹1.5 lakh per annum on PPF, ELSS or Equity Linked Savings Scheme, Life Insurance Premium and EPF or Employee Provident Fund. 

    • Section 80D: Premiums on medical insurance for individuals, their families and their parents are eligible for tax deductions.

    • Section 80CCD(1B): Any extra contributions made towards NPS are also eligible for deduction.

    • Section 80G: Donations towards certain charities and funds are also eligible for tax deductions. 

    • Home Loan Interest: Deductions can be claimed on the interest amount paid as a part of a home loan. 

    Structuring your salary 

    If you are a working individual, here are a few allowances you need to consider:

    • HRA or House Rent Allowance: Under Section 10(13A) of the Income Tax Act, partial or full exemption on the house rent is possible for salaried employees living in rented accommodations.

    • LTA or Leave Travel Allowance: Tax exemptions for travel expenses incurred when travelling on leave or after retirement, but this cannot be done if you have opted for the new tax regime.

    • Other exemptions like transport allowance, food coupons, etc might also be applicable. 

    Business-specific tax avoidance strategies

    Here is a list of certain business-specific tax avoidance methods:

    • Depreciation: When businesses claim depreciation on assets, one can reduce taxes on profits generated. 

    • R&D: Weighted deductions can be available for businesses that invest in qualified research and development.

    • SEZs: Any businesses and companies that are working and operating out of SEZs might be eligible for tax exemptions, holidays or even special rates on taxes.

    How to control tax avoidance?   

    There are various measures involved in controlling tax avoidance including administrative, legislative and even international measures. Simplification of tax codes and enactment of tax reforms by the government will also help with this aspect. 

    Additional Read: Understanding Operating Income VS Net Income

    Conclusion

    The very first thing one needs to understand is that tax avoidance is completely legal and it is essentially about trying to reduce the amount of tax one needs to pay using legal means. These means can include deductions, credits, exemptions, investments etc. Tax avoidance is not the same as tax evasion, which is an illegal practice. Tax evasion involves the deliberate attempt to hide one’s income and provide wrong or false information to lower tax bills.

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    Frequently Asked Questions

    What is a practical example of tax avoidance?

    An individual who is earning ₹10 lakhs per annum contributes ₹1.5 lakhs to their PPF and ₹1.5 lakhs to their NPS. Upon claiming a deduction under Sections 80C and 80CCD(1B) of the Income Tax Act, they will only be taxed for ₹7 lakhs and not the original ₹10 lakhs.

    What is called tax avoidance?

    Tax avoidance is an attempt by an individual or a business to reduce their income tax amount by using deductions, credits, exemptions, investments etc. Tax avoidance, unlike tax evasion, is not illegal.

    What are the effects of tax avoidance in India?

    Tax avoidance can lead to potential economic inequality, reduction in the government’s revenue and increase the burden on other taxpayers.

    Is tax avoidance a punishable crime?

    Tax avoidance is a legal method to reduce one’s tax liabilities with the help of deductions, investments, etc.

    How is tax avoidance different from tax evasion?

    Tax avoidance is the use of legal methods allowed by law to manage your taxes, such as "loopholes," while tax evasion is an illegal activity of hiding your taxes.

    What are common methods used for tax avoidance in India?

    Examples of tax avoidance in India include claiming Deductions under Sections 80C and 80D, optimising HRA and LTA, timing capital gains, utilising depreciation for businesses, and selecting the correct tax regime, etc.

    Does tax avoidance affect government revenue?

    Widespread tax avoidance can decrease government revenues by reducing effective tax collections, limiting funds available for public services and infrastructure, and shifting the tax burden to compliant taxpayers.

    What are the ethical issues related to tax avoidance?

    There are ethical considerations associated with tax avoidance when excessively aggressive planning exploits loopholes and doesn't violate the law - it creates inequity, undermines one's sense of community, and erodes trust in society.

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    Content Partner - Dalal Street Investment Journal Wealth Advisory Private Limited



    This article is for educational purposes only and should not be considered investment advice. Market investments are subject to risks. DSIJ Wealth Advisory Private Limited is a SEBI-registered Research Analyst (Reg. No: INH000006396) and Investment Adviser (Reg. No: INA000001142). Please consult your financial adviser before investing. 

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    Publish Date: 12 Feb 2025

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