Wednesday, July 31, 2024

The capex “nudge”


Tuesday, July 30, 2024

Did you plan success or were just lucky?

One of my close friends bought a plot of land in the outskirts of the city of Dehradun in Uttarakhand, a decade ago. The reason, he outlined, for this investment was that Dehradun is a good place to retire. It is peaceful & clean and has a much lower cost of living. Considering the rising level of pollution (air, noise and water) in larger cities, people would want to move to such places in future. The property prices would therefore appreciate considerably.

Thursday, July 25, 2024

The morning after

The union budget for the fiscal year 2024-2025 has been read, analyzed, criticized, and apparently brushed aside by the markets. Changes in the taxation of capital gains; changes in the custom duty and capital gain tax structure for gold; and higher rate of STT on derivative transactions are three points that have attracted the maximum attention, especially from the market participants.

Wednesday, July 24, 2024

Union Budget FY25 – Shaking the cart, adding uncertainty

 The final budget presented by the finance minister has shaken the market cart, and added material uncertainty to policy making. The efforts to minimize uncertainty after demonetization have thus been negated to some extent.

As has been the practice in the past few years, the budget speech of the finance minister materially diverges from the actual budgetary provisions. By changing the capital gain tax regime and mentioning that they are working on a new Income tax law, they have forced the stakeholders to build-in a higher degree of policy uncertainty and unmindful regulatory provisions in their business and investment plans. Claiming simplification while introducing new complications (e.g., more transactions under TDS/TCS) has been a hallmark of the taxation policy in recent years. Use of technology is invariably claimed as an achievement, as if there is an option.

The level of uncertainty could be gauged from the fact that the priorities outlined in this budget are materially different from the interim budget presented just five months ago




Regardless, there are some positive take away from this budget that need to be commended.

Positive take away

Land reforms including digitization of land records got prominent mention in the finance minister’s speech. The minister mentioned that “Land-related reforms and actions, both in rural and urban areas, will cover (1) land administration, planning and management, and (2) urban planning, usage and building bylaws. These will be incentivized for completion within the next 3 years through appropriate fiscal support.” Linking central assistance to lower stamp duty could be a material impetus to urban development.

Fiscal consolidation. The finance minister refrained from splurging the extra resources generated through higher dividend from RBI &, PSUs, and additional tax revenue. She utilized it to bring the fiscal deficit down to 4.9% (vs 5.1% in the interim budget). Even the new development projects announced for the key coalition partners (JDU of Bihar and TDP of Andhra Pradesh) are proposed to be funded by the loans from the multilateral agencies like World Bank etc., where the Central Government might provide guarantee. The commitment to bring the public debt on a declining path from next year is also commendable.

Savings for children. Allowing pension accounts for minor children is a positive step for developing the social security framework. Retirement planning from birth should benefit a large number of savers in participating in the golden age of Indian financial markets and accumulating a decent retirement corpus.

Abolition of Angel-Tax. Angel tax is levied on the capital raised via the issue of shares by unlisted companies from an Indian investor if the share price of issued shares is seen in excess of the fair market value of the company. The excess realization is considered as income of the company and is taxed accordingly. The finance minister has proposed to abolish this tax (Section 56 (2)). This is a welcome step as it has been causing hardship to innovators.

Rental housing for industrial workers. The finance minister proposed, “Rental housing with dormitory type accommodation for industrial workers will be facilitated in PPP mode with VGF support and commitment from anchor industries.” This scheme if implemented properly can be a major reform in labor migration, urban planning and ease of living for poor laborers.

Issues that need deeper scrutiny

Forcing private capex: The Economic Survey highlighted that the private sector has not adequately responded to the incentives for capex. It seems the government now intends to force the private enterprises to invest more money in building capacity and generating employment. The budget adopts a carrot and stick approach for that. On one hand, it provides support for hiring more fresher employees and skill them, and on the other hand it makes outflow of funds from companies difficult. After dividends, now buybacks are also made tax inefficient. The idea seems to “encourage” companies to invest in growing their businesses and reward shareholders through share price appreciation only.

New income tax law. The Direct Tax Code had been hanging on the taxpayers’ head for almost two decades. It was shelved a few years ago. However, the finance minister has revived the proposal adding uncertainty about the tax provisions.

Backdoor entry of Estate duty. The changes in the capital gain tax regime give an impression that the government is testing the introduction of a wealth transfer scheme (Estate Duty) in future. The effective capital gain tax on legacy assets (Large Real Estate, legacy precious metals, jewelry etc.) has been increased by taking away the indexation benefit. It is to be seen whether this effort is widened and deepened in the coming years.

Taxation of bonds. The tax on gains made on sale of unlisted bonds has been enhanced to the marginal rate of taxation. This brings bonds at par with bank fixed deposits. This is in tandem with the concerns expressed by the RBI on money being diverted away from bank deposits. On the positive side, this may provide impetus to development of retail debt market by encouraging companies to list their bonds.

Gold and financialization of the economy. Ever since the government embarked on the path of economic reform and liberalization in 1991, the emphasis of policy has been to achieve higher degree of the financialization of the Indian economy. Low level of financialization of economy has in fact been sold as an USP of Indian markets, for it offered huge growth potential. Lamenting higher degree of financialization of the Indian economy in the Economic Survey, raising effective tax on bonds and bringing duty of gold lower contradict this concept.

New rum in old bottles. The finance minister has presented many ideas as path breaking, while these are already running schemes and execution has been below par. For example, rural roads, mission for pulses and oilseeds, organic farming, horticulture, blue economy (shrimp etc.), Employment incentive and support for MSME (introduced during Covid), Skill India, Industrial Parks, etc.

Protection to local manufacturing cut. The finance minister has cut basic custom duty on mobile phone, mobile PCBA and mobile charger to 15 per cent, reducing protection for the local manufacturers. This should be kept in mind by the analysts who are assuming status quo on policy for many EMS players for decades while making earnings forecasts.

Union Budget 2004-25

The following are the key highlights of the final Union Budget for FY25

Budget priorities

1)    Productivity and resilience in Agriculture

2)    Employment & Skilling

3)    Inclusive Human Resource Development and Social Justice

4)    Manufacturing & Services

5)    Urban Development

6)    Energy Security

7)    Infrastructure

8)    Innovation, Research & Development and

9)    Next Generation Reforms

Key direct tax proposals

Corporate/firms Tax

·         For foreign companies the rate of tax reduced from 40% to 35%, on income other than income chargeable at special rates, specified in respective sections of Chapter XII of the Act.

·         Deduction under section 36(1)(iva) in respect of contribution to pension fund approved u/s 80CCD increased to 14% of salary from earlier 10% of salary, provided the employee concerned has chosen the new tax scheme.

·         Section 56(2)(viib) imposing Angel tax on companies is proposed to be abolished.

·         Payments to partners by way of salary, remuneration, commission, bonus and interest etc. to be liable for 10% TDS.

Personal taxation

·         Amount of standard deduction on salary income increased to Rs75000 from the present Rs50000 for assessees filing return under the new tax scheme. For family pension standard deduction under new scheme will be Rs25000 instead of Rs15000.

·         Any Tax Collected at Source from an employee to be adjusted in computation of TDS by the employer.

·         Tax collected at source for a minor can be claimed by the parent if the income of such minor is clubbed with such parent.

·         The entire amount received from tendering of share under a buy back will be taxed as dividend income. The cost of acquisition of shares can be claimed as capital loss that can be set off against capital gains as per the prevailing rules of set off. (applicable from 1 October 2024)

·         Rent from house property cannot be shown as business income. It must be shown separately under the head income from house property and taxed accordingly.

Rationalization of capital gains tax (applicable from 23rd July 2024)

·         Holding periods for various assets reduced to two – 12 and 24months from the present three –12, 24 and 36 months.

·         Assets divided into three categories – Listed financial securities, Equity MFs & Business trust (e.g., REITS), and other assets. Listed financial securities, Equity MF and Business Trust held for less than 12 months shall be short term assets and otherwise long term. All other assets to be long term if held for more than 24 months.

·         Listed financial securities (STT paid), Equity MFs and Business Trust – STCG Tax would be 20%.

·         LTCG Tax for all other assets would be 12.5% without any indexation benefit. LTCG of upto Rs1,25,000 exempted from tax for Listed financial securities (STT paid), Equity MFs and Business Trust.

·         STCG Tax on all other assets would be the marginal rate of taxation.

·         Unlisted bonds, debentures to be taxed at the marginal rate.

·         Capital gain tax rates to be same for both Resident and Non-Resident assessees.

·         Gift of assets by assessees other than individual and HUF to be fully taxable.

Rationalization of TDS


·         Sale of more goods with sale price exceeding Rs10 lacs to be made liable to TCS.

·         Rs 50 lac limit for TCS on sale of property to be considered as total sale consideration and not the consideration per buyer, where there are multiple buyers.

STT rates

·         It is proposed to increase the said rates of securities transaction tax on sale of an option in securities from 0.0625% to 0.1% of the option premium, and on sale of a futures in securities from 0.0125 per cent to 0.02 per cent of the price at which such “futures” are traded.

Others

·         Notice u/s 148 for reassessment can be issued only upto three years where income suspected to have escaped assessment is less than Rs50 lacs. In other case time limit would be six years.

·         Provisions for registration of charitable organization u/s 10(23C) and u/s 11 to 13 found overlapping. Accordingly, it is proposed to make section 11 to 13 the operational sections. Section 10(23C) will be used for transitory provisions only. The timeline for application for eligibility u/s 80G also rationalized.

·         New Vivaad se Vishwas 2024 Scheme to be launched.

·         Moveable foreign assets worth less than Rs20 lacs not to attract provisions of section 42 and 43 of Black Money Act. 

Key Budget features




Some key budget statistics











Fiscal Trends






Tuesday, July 23, 2024

What are you doing at 11 AM today?

 When the Finance Minister Ms. Nirmala Sitharaman rises to present the final Union Budget for the fiscal year 2024-25 today at 11 AM, she will be creating a unique record. She will become the first finance minister of India to present six consecutive union budgets (2019-2024, in addition to an interim budget presented in February 2024. Prior to this, the record was held by the former prime minister Morarji Desai, who presented five consecutive union budgets (1959-1963). He had presented two interim budgets (1962 and 1967) also.

Ms. Sitharaman’s record is impressive, in my view, because she has survived the worst economic slowdown and fiscal slippage (FY21 GDP Growth -5.8% and Fiscal deficit of 9.17% of GDP) in the history of Independent India caused by the worst pandemic since 1917 Spanish Flu; a below par election performance of her party in 2024 general elections, apparently due to sub-optimal performance on inflation and employment generation fronts; sharp criticism on GST management from businesses and states; rumors of lack of support from her own party members and family; and persistent calls for her removal from the market participants.

Now coming to the budget to be presented today.

In the post liberalization (1991) days, budget presentations used to be an event of interest to a large section of urban India (Rural India did not have much TV in those days).

Changes in excise duty rates had immediate impact on businesses and household budgets. Introduction of new trains and changes in train fares affected a large number of people. Tax rates were consistently reduced; tax slabs rationalized; tax incentives on investments and savings increased; and basic exemptions increased resulting in many taxpayers getting out of the tax net or their tax liability lowered.

A large number of changes in tax laws would keep students (CA, CS, LLB etc.) also hooked to the budget. Many people would fill fuel tanks of their vehicles to make some savings on likely higher fuel prices, and buy one month of liquor and cigarette stocks a day before the budget presentation.

But nowadays nothing of this sort happens.

Goods and Services Tax and excise duty is now not part of the finance bill. Most of it is managed by the GST Council; through notifications issued from time to time, or by the respective state budgets. New trains are not announced in the budget and fares hikes are also announced outside the budget. Income tax rates have mostly stabilized. Only minor changes in the return filing and assessment procedures are announced in annual budgets.

Presently, the emphasis of the government is on bringing more people into the tax net and increasing the effective tax rates. In the past decade Tax Collection at Source (TCS) for a variety of transactions has been implemented. A variety of cess have been imposed to augment the tax collection. Incentives on investment and savings are being withdrawn gradually.

The budget documents are more like colorful corporate presentations. These omit much more information than these include. The budget speeches sound like the election manifesto of the ruling party. The finance ministers frequently announce “intent” to launch random programs in future, with no money provided in the current year’s budget.

For electronic media it is a major marketing event to enhance their TRPs and revenue. In essence, the format of their election coverage and budget coverage is the same. There is absolutely no correlation between the pre-election & pre-budget analysis, and forecasts to the actual outcome. Also, it is difficult to make any sense from the post-election and post-budget analysis and commentary.

Hours of airtime have already been spent on the pre-budget analysis this year also. Besides, hundreds of reports have been printed to guide investors about the investment themes that may emerge from the budget. What I gather from various sources is that the  five most common points of the pre-budget speculations this year are:

What will the finance minister do with the bounty (Rs2.11trn) it received from the RBI as dividend? Whether the excess funds will be used to reduce the fiscal deficit; or these will be used to fund some populist programs to win forthcoming assembly elections; or these will be granted to the key NDA allies (JDU and TDP) to meet their demand for additional resources for their respective states.

Will allocation for Capex be increased materially or focus will shift to consumption and social programs? It is basically a speculation on the impact of the latest Lok Sabha elections on policy making.

Will the impetus to private capex be enhanced? The speculations are broadening the scope of PLI schemes; relaxation in FDI norms for certain sectors; etc.

Will the finance minister afford more cash in the hands of households to support consumption growth – the missing piece in India’s growth in the past few years? The speculations are tax relief for salaried classes; disincentive for 80C savings; increase in cash payout for farmers etc.

Will there be any change in the Long-Term Capital Gains tax regime? There are speculations of more uniformity in LTCG rules for various asset classes.

A majority of the market participants watch the budget speech to take advantage of swing trade opportunities that may arise from uttering some specific jargon by the finance minister. The empirical evidence shows some gain and most lose money in this joyride.

I am taking my daughters shopping today at 11AM and will be reading the Finance Bill and other budget documents in the evening.

What about you?


Thursday, July 11, 2024

A visit to the street

I had an opportunity to meet a group of market participants and industry representatives at a corporate event this week. The discussions over lunch and tea revolved around the three broader topics – (a) State of equity markets; (b) Expectations for the final Union Budget for FY25; and (c) Corporate performance. Unsurprisingly no one was interested in discussing politics, geopolitics and the US Fed’s policy.

Wednesday, July 10, 2024

2H2024 - Market strategy and outlook

(Note: I had last shared my investment outlook and strategy for the financial year FY25 in April 2024. Since then, there have been some changes in circumstances. The global financial system is more stable. Stock markets have done very well. The geopolitical conditions are more stable; and the price situation appears to be in control at both domestic and international levels. The domestic growth continues to surprise on the upside and the external balance is much more stable. The political overhang in the domestic market is over with the general elections. To accommodate these changes, I have made some changes in my outlook and strategy as outlined in April 2024.)