New Tax Amendment: Section 87A Rebate Restricted to Normal Income

Overview

The recent alteration to Section 87A of the Income Tax Act has brought a major shift for taxpayers. It has been clarified that the Section 87A rebate applies only to regular rate income and does not include special rate incomes such as short-term and long-term capital gains.

This amendment essentially overturns the Bombay High Court's previous ruling, which allowed taxpayers to claim the rebate even on special rate incomes. Let's examine the details, its effects on taxpayers, and how individuals should adjust their tax planning.

Section 87A: What is it?

Section 87A provides a tax rebate if a qualified taxpayer’s total income does not exceed a specified limit, reducing their tax liability to zero.

Prior to the Amendment - 87A Eligibility Requirements

• Applicable only to residents.
• For FY 2023–2024, total taxable income should not exceed ₹7,00,000.
• Maximum rebate of ₹25,000, effectively eliminating income tax.
• The Bombay High Court had previously allowed rebate applications even on special rate incomes like capital gains.

Special Rate Incomes: What Are They?

Special rate incomes are taxed at fixed rates instead of regular income tax slabs. These include:

• Long-Term Capital Gains (LTCG) (Section 112A) – 10% tax on amounts exceeding ₹1 lakh.
• Short-Term Capital Gains (STCG) (Section 111A) – 15% tax.
• Other incomes taxed separately from regular slab rates.

Key Modifications to Section 87A

A new provision now explicitly states that the rebate applies only to regular rate income.

What This Means:

• Rebate is available only for slab-rated incomes.
• Special rate incomes such as LTCG and STCG are no longer eligible for rebate calculations.
• Taxpayers with capital gains must now pay tax at the prescribed rates.

Effects of the Amendment

1. Capital Gains Are No Longer Tax-Free

Previously, taxpayers earning capital gains could avoid taxes using the rebate. Now, LTCG (above ₹1 lakh) and STCG will be taxed, even if total income is below ₹7 lakh.

2. Increased Tax Liability for Investors

Investors in real estate, stocks, and mutual funds who relied on 87A for tax savings will now face higher tax burdens.

3. Legal Clarity and Compliance

This change resolves legal ambiguity and ensures that special rate incomes are taxed as per their intended provisions.

Example: Taxpayer Impact Before and After Amendment

Prior to Amendment (Bombay High Court Ruling)

Mr. X earns ₹6,90,000:

• Salary: ₹5,90,000
• LTCG: ₹1,00,000

Tax Calculation:

• LTCG up to ₹1 lakh exempt.
• Remaining taxable income: ₹5,90,000.
• Rebate under 87A applied.
• Final Tax Due: ₹0

After Amendment (New Rules)

Mr. X earns ₹6,90,000:

• Salary: ₹5,90,000
• LTCG: ₹1,00,000

Tax Calculation:

• LTCG up to ₹1 lakh exempt.
• Remaining taxable salary eligible for rebate.
• LTCG of ₹1 lakh now taxed at 10%.
• Final Tax Due: ₹1,000 (₹10,000 LTCG tax - ₹9,000 rebate).

Next Steps for Taxpayers

1. Reevaluate Investment Strategies

Since LTCG and STCG no longer qualify for rebates, taxpayers should rethink stock, mutual fund, and capital asset investments.

2. Utilize Exemptions and Deductions

Maximize tax-saving benefits under:

• Section 80C (Up to ₹1.5 lakh)
• Section 80D (Health Insurance)
• Section 80E (Education Loan Interest)

3. Choose the Right Tax Regime

Compare old vs. new tax regimes to determine the best option.

4. Seek Professional Tax Advice

Individuals with capital gains should consult a tax expert to manage their liabilities effectively.

Conclusion

The latest amendment to Section 87A brings significant changes for taxpayers relying on rebates to reduce tax liability. With special rate incomes no longer included, financial and investment strategies must be adjusted accordingly.

This modification ensures better compliance, prevents rebate misuse, and aligns tax laws with their original intent. Staying informed and planning ahead will help taxpayers minimize their tax burden effectively.

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