The tax-free status of agricultural income has
been a contentious issue amongst the urban middle class of India for a long
time. The issue is raked up every year close to the budget presentation. It is
also commonly used as an argument against farm subsidies, MSP, and other farm
sector reforms.
In my view, the whole debate and discussions
around the taxation of agriculture income in India amongst the urban middle
class is driven by misunderstanding and ignorance about agriculture economics
in India.
It is important to understand the
constitutional and legal status of the agriculture income in India, before
discussing the taxation aspect.
·
Agriculture is a state subject as
per the Constitution of India (Entry 46 in the State List of Schedule VII). The
power to tax agriculture income vests in the respective state government. The
central government cannot tax agricultural income. A few state governments,
like, Assam, Odisha, Tamil Nadu, and West Bengal, have enacted legislation to
tax the agriculture income in their respective states. Most of these
legislations tax only orchards and plantations and exempt staple food crops
like wheat, rice, and vegetables, etc.
·
Agriculture income is exempt
from Income-tax under section 10(1) of the Income Tax Act, 1961. As per section
2(1A) of the Act, agriculture income that is exempt from tax is defined as:
i.
Rent (cash or in kind) earned
from any land in India which is used for agricultural purposes, or
ii.
Any income from the production
of agricultural goods; from activities necessary to make agriculture produce
fit for selling (e.g., removal of husk from paddy), and from sale of such agriculture
goods by the cultivator or receiver of rent in kind.
iii.
Income from building owned and
occupied by the cultivator or receiver of rent, provided the building is on or near
the land and is required as a dwelling house, or as a store-house, or other
out-building.
·
Income from livestock, fisheries,
forestry, etc. (commonly referred to as allied activities) is not considered
part of the agricultural income.
·
Income from Coffee and Tea
plantations is subject to presumptive taxation. 40% of such income is
considered taxable income.
·
Agriculture income is
considered for determining the marginal rate of tax for assessees, and all
non-agriculture income is taxed at such marginal rate of taxation.
As per the second advance estimate of national
income for FY24, total GVA from Agriculture and Allied activities is estimated
to be Rs46.92 trillion (About 18% of total GVA). The share of crops
(agriculture activity as per the Income Tax Act) in this GVA is approximately
55% (Economic Survey FY23). Hence, the GVA from Agriculture is roughly Rs25.81
trillion.
As per the last agriculture census (2015-2016), the total
number of operation holdings in the country was 146 million. It is most likely
that the number of holdings now is higher than this. However, if we take this
number only, the average income per farm is approximately Rs1,76,700.
It is pertinent to note here that during AY2022-23,
a total of 74 million income tax returns were filed. Out of this, 51.6 million (appx
70%) income tax returns declared zero or negative (refund) tax liability. In the
case of farmers, over 99% of farmers would have total income less than the threshold
of Rs7 lacs.
The last agriculture census divided the operational holdings
as per their sizes in the following categories.
·
The average size of an operational
holding was 1.08 hectares (approximately 2.67 acres).
·
Small and Marginal holdings (0
to 2 hectares or less than 5.3 acres) accounted for 86.2% of total operational holdings.
This accounted for appx 47.3% of the total operational area.
·
Semi Medium and Medium holdings
(2 to 10 hectares) were 13.2% of total holdings accounting for 43.6% of the
total operational area.
·
The large holdings (10 hectares
or above) were only 0.57% accounting for 9% of the total operational area.
Now consider farming economics.
The largest part of
the operational holdings is used for growing staples like wheat, rice maize
etc. The maximum a large farmer can earn from these crops is Rs200000 to Rs2,50,000/hectare
per year, assuming he takes two full crops. For small and marginal
farmers these earnings are limited to Rs125000 to Rs175000/hectare per year.
(Assuming average productivity of 3.5 tons per hectare)
For Sugarcane average
earnings is Rs140000 to Rs165000/hectare per year. (Assuming average
productivity of 85 tons per hectare).
For Pulses, and
oilseeds the average earnings per year could range between Rs2,50,000 to
Rs3,00,000. (assuming average productivity of one ton for pulses and 1.2 tons
for oil seeds)
For vegetables and
fruits, average earnings could range between Rs4,00,000 to Rs5,00,000 in good years.
As per the above optimistic earnings estimates
and assuming only one bad crop in three years, the total tax collection potential
from farmers could be projected as follows:
·
Small and marginal farmers (46%
of operational holdings) assuming an average holding of one hectare per family
of two adults – NIL
·
Medium farmers (43.6%
operational holdings), assuming an average holding of 5 hectares per family of 2
adults growing one staple crop and one cash crop- NIL
·
Large farmers (9% of operational
holdings), assuming an average holding of 15 hectares divided equally between
staples & cash crops and 50% given on rent or crop share, accounting for
15% of crop GVA, four adults per family, and effective tax rate 20% - Rs40000cr.
Of course, these are back-of-the-envelope
calculations with very optimistic estimates of crop productivity and prices. If
we consider one bad crop in three years (which is the normal case) the
potential tax collection will diminish materially. Also, if we adjust it for the
taxes already been collected by the states, the potential will be even less.
For context, during FY23, the government
collected Rs19,72,248 crore in gross direct taxes. The top potential for tax on
agriculture is just 2% of this amount.
Many people might be using agriculture income
for laundering money. They may be showing exaggerated income from their
farmlands just to convert their black money (cash) into white money. If we
start taxing agricultural income, they will just stop this practice. Nothing
will get added to the revenue kitty. Rather, the cash will stay in the parallel
economy, and the interest income (which would have been otherwise fully taxable
if the principal amount was declared as legal money), will also escape the
taxation.
In conclusion, this whole discussion about
taxing agriculture income is much ado about nothing.