Angel Tax Abolishment: How It Benefits Startups?

In recent years, startups have emerged as a vital pillar of India's Economy. With over 127,000 startups officially recognised by the DPIIT (Department for Promotion of Industry and Internal Trade), the country has become a startup hub and retained its position as home to the world's third-largest startup ecosystem. However, startups have long faced some challenges, and among them is the Angel Tax-well, up until recently.

Recently, during the Union Budget speech on 23rd July 2024, the Government of India announced that the Angel Tax will be abolished for all investors-one of the key highlights of this year's budget announcements. But before we delve into how it benefits startups, let's get acquainted with Angel Tax.

What is Angel Tax?

Every startup, particularly an early-stage business, requires funding, for which they approach investors, including angel investors, in exchange for equity. In 2012, as per the Finance Act, every startup that receives funding from an angel investor must contribute a certain amount to the government.

This came to be known as Angel Tax. Introduced to address potential illegal practices in the startup investment space, the Angel Tax was applicable if the total investment value exceeds the company's Fair Market Value (FMV).

Designed to address instances where startups inflated share valuations to attract investments, Angel Tax applies to the portion of investment that exceeds the fair market value of shares. This provision, outlined in Section 56(2)(viib) of the Income Tax Act, 1961, classifies such excess investment as "income from other sources" and subjects it to a generally applicable tax rate of 30% (plus applicable surcharge and cess).

This regulation aimed to prevent malpractices such as money laundering while ensuring that investments were genuine and appropriately valued. The primary goal was to maintain financial integrity in a rapidly expanding sector.

Why was it abolished?

The decision to abolish the Angel Tax reflects a significant shift in the government's approach towards fostering a more investor-friendly environment. This tax had long been a point of contention, often criticised for creating unnecessary obstacles for startups seeking funding and deterring foreign investments.

By eliminating this tax, the government aims to remove barriers that impede genuine investment, thus encouraging more robust financial support for startups and enhancing their growth potential.

The move reflects a broader strategy to create a more attractive landscape for both domestic and international investors. The timing of this decision is particularly noteworthy, considering that startup funding in India experienced a substantial decline of 60% in 2023, falling to USD 10 billion according to the Indian Tech Startup Funding Report 2023 by Inc42. The abolition of the Angel Tax is seen as a crucial step in reversing this trend and reinvigorating the startup ecosystem.

The Angel-Tax-free advantage

The elimination of the Angel Tax exemption offers several significant advantages to startups. Primarily, it simplifies the funding process by removing additional tax burdens, which can facilitate easier access to capital. This change is expected to lead to increased investment activity and provide a significant boost to startups' growth trajectories.

Foreign investors, who were brought into the ambit of Angel Tax in 2023, will now find investing in Indian startups more attractive. This is likely to result in a surge of foreign investment, broadening the pool of available capital for startups. Additionally, startups will save on the costs and efforts previously required to procure valuation reports from Merchant Bankers to justify the FMV.

The removal of this tax also demonstrates a supportive stance towards entrepreneurship. It is likely to enhance the overall appeal of the startup ecosystem, attracting more investment and potentially spurring innovation.

The impact on future transactions

It's essential to note that this amendment applies only to future transactions. This means that previous tax disputes will continue to be assessed under the old provisions. The startup community will be keenly observing how pricing structures evolve with this new relief. While the abolition of the Angel Tax removes one layer of complexity, investors might still request valuation reports to safeguard against Gift Tax under section 56(2)(x) of the Income-tax Act, 1961.

Bottomline

The abolition of the Angel Tax marks a pivotal moment for India's startup ecosystem. Removing this financial hurdle has paved the way for increased investment, innovation, and growth. This move is expected to revitalise the startup landscape, attracting both domestic and foreign capital and solidifying India's position as a global startup hub.

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