Tax Planning
& Advisory
Legal tax saving is not about loopholes — it is about using every provision the Income Tax Act gives you, at the right time, in the right way. Individual planning, business structuring, capital gains strategy, advance tax computation, and presumptive taxation advisory — all CA-led, all legally sound, all optimised for AY 2025-26.
Tax Planning Is Not Evasion — It Is Your Legal Right
The Supreme Court of India affirmed that every taxpayer has the right to arrange their affairs so as to reduce their tax liability — as long as it is within the framework of the law. TaxClue's advisory is built entirely on sections of the Income Tax Act — no grey-area structures, no aggressive schemes, no promises that aren't legally backed.
Individual Tax Planning
Old Tax Regime vs New Tax Regime — AY 2025-26
The single most impactful tax planning decision for every individual. The right choice saves thousands — the wrong default costs them. TaxClue computes both regimes on your actual numbers before your ITR is filed.
- Up to ₹2.5 lakhNil
- ₹2.5L – ₹5L5%
- ₹5L – ₹10L20%
- Above ₹10L30%
- Rebate (87A) — up to ₹5L income₹12,500
- Deductions allowed✓ All (80C, 80D, HRA…)
- Up to ₹3 lakhNil
- ₹3L – ₹7L5%
- ₹7L – ₹10L10%
- ₹10L – ₹12L15%
- ₹12L – ₹15L20%
- Above ₹15L30%
- Rebate (87A) — up to ₹12L income₹60,000
- Deductions allowed✗ Very few
New Regime Is Now the Default — But Not Always the Winner
From FY 2024-25, the New Regime is the default unless you explicitly opt for the Old Regime when filing your ITR. The New Regime wins when your deductions are small (below ~₹3.75 lakh total). The Old Regime wins when you have significant deductions: home loan interest of ₹2L + 80C of ₹1.5L + 80D of ₹50K + NPS 80CCD(1B) of ₹50K = ₹4.5L of deductions is enough to make the Old Regime cheaper for someone earning ₹15–25 lakh. TaxClue computes both on your exact figures — never assumes.
Key Deductions Under the Old Regime — What You Can Claim
Investments & Payments
LIC premium, PPF, ELSS, ULIP, home loan principal, tuition fees (2 children), NSC, 5-year bank FD
NPS Additional Contribution
Contribution to National Pension System (Tier 1) — over and above the 80C limit. Separate deduction.
Medical Insurance
Premium for self, spouse, children (₹25K) + senior parent premium (₹50K). Preventive health check-up ₹5K within limit.
Home Loan Interest
Interest on housing loan for self-occupied property. For let-out property, entire interest deductible (no cap), subject to loss set-off rules.
House Rent Allowance
Least of: (a) actual HRA received, (b) rent paid minus 10% of salary, (c) 50% salary (metro) / 40% salary (non-metro)
Donations
Donations to approved funds — PM Relief Fund (100% deduction), other approved charities (50% deduction). Requires donation receipt with 80G number.
Education Loan Interest
Interest on education loan taken for higher education of self, spouse, or children. No cap on amount — available for 8 years.
Savings Interest
Interest on savings bank accounts (₹10K for individuals below 60). Senior citizens get ₹50K on all interest income under Sec 80TTB.
Standard Deduction
Flat deduction from salary income — no documentation required. Available in both Old and New regimes (from FY 2024-25).
Real-World Scenarios — Which Regime Wins?
Salaried Employee — Flat ₹12L Salary
With ₹75K standard deduction, ₹1.5L 80C, ₹25K 80D, ₹50K NPS = ₹3L total deductions. Old Regime taxable: ₹9L → tax ~₹88,400. New Regime income ≤ ₹12L → tax = ₹0 (Sec 87A rebate). New Regime wins decisively here.
✓ New Regime saves ₹88,400+Salaried Employee — ₹20L + Home Loan
₹75K standard + ₹1.5L 80C + ₹50K NPS + ₹2L home loan interest + ₹50K 80D = ₹5.25L deductions. Old Regime tax: ~₹1.37L. New Regime tax (no deductions): ~₹2.1L. Old Regime wins by ~₹73,000.
✓ Old Regime saves ~₹73,000Consultant Under Sec 44ADA
Declare 50% of ₹15L = ₹7.5L income. New Regime tax on ₹7.5L: ~₹25K. Old Regime with deductions: ~₹10K. Both extremely low. Presumptive gives freedom from maintaining books — the bigger saving is time, not tax.
✓ Both viable — simplicity winsSenior Manager — ₹50L CTC
At ₹50L, surcharge of 10% applies. In the Old Regime, heavy deductions (HRA + 80C + loan interest + NPS) can reduce effective rate significantly. New Regime surcharge applies with fewer escapes. TaxClue computes SLAB + SURCHARGE + CESS under both — and the old regime often wins above ₹50L.
✓ Detailed computation requiredBusiness Tax Planning
How TaxClue Reduces Business Tax Liability
🏢 Entity Structure for Tax Efficiency
- Proprietorship: Taxed at individual slab rates — disadvantageous above ₹10L profit (30% rate). No separation between personal and business tax.
- Partnership Firm / LLP: Flat 30% rate on profits — but partners' share of profit is tax-free in their hands (Sec 10(2A)). Partner remuneration and interest deductible within 40(b) limits. Often better than company above ₹1 Cr profit.
- Private Limited Company: 22% (Sec 115BAA — no exemptions/incentives) or 25% (standard domestic rate for turnover ≤ ₹400 Cr). Below ₹50L profit — individual slab rate often beats company rate. Above ₹1 Cr — company structure often wins.
- Entity choice should be made before incorporation — restructuring is complex and tax-inefficient after commencement.
📋 Key Business Deductions to Maximise
- Depreciation (Sec 32): Block-wise depreciation on assets — 15% to 100% per year. Claim in year of purchase (proportionate for partial year). Accelerated depreciation available on certain green energy assets.
- Employee salary & benefits: Fully deductible — structure compensation to include tax-efficient components (food coupons, transport allowance, LTA, health insurance).
- Business expenses (Sec 37): Any genuine expense incurred wholly and exclusively for the purpose of business — rent, utilities, professional fees, advertising, repairs, insurance — fully deductible.
- R&D expenditure (Sec 35): Scientific research expenditure — weighted deduction (100% to 150% depending on type and approval).
- All deductions must be supported by bills, GST invoices, and bank payment records. Cash payments above ₹10,000 are disallowed under Sec 40A(3).
Business Tax Rate Comparison — Which Structure Pays Less?
| Entity Type | Tax Rate | Surcharge / Cess | Effective Rate | Best For |
|---|---|---|---|---|
| Proprietorship | Individual slab (5%–30%) | 10% surcharge if income > ₹50L | Up to 42.74% (highest) | Small businesses below ₹10L profit |
| Partnership Firm / LLP | 30% flat | 12% surcharge if income > ₹1 Cr; 4% cess | 34.32% (below ₹1 Cr) | Professional services, ₹20L–₹1 Cr profit range |
| Private Ltd (Sec 115BAA) | 22% flat (no exemptions) | 10% surcharge; 4% cess | 25.17% effective | Businesses willing to forgo exemptions for lower rate |
| Private Ltd (standard) | 25% (turnover ≤ ₹400 Cr) | 7% (₹1–10 Cr income); 4% cess | 26.00% effective | Businesses wanting standard deductions + lower rate |
| New Manufacturing Co (115BAB) | 15% flat | 10% surcharge; 4% cess | 17.01% effective | Manufacturing units incorporated after Oct 2019 |
Salary vs Dividend — How Business Owners Extract Profits
For a company owner, there are two ways to take money out: salary (deductible in company, taxable in owner's hands) or dividend (not deductible, taxable in owner's hands at slab rate). At a 22% company tax rate, paying salary is generally more efficient because it reduces company taxable income. However, above ₹10 lakh personal income, the 30% slab rate on salary makes a mixed strategy optimal. TaxClue models the optimal salary-dividend split for each owner based on their other income, deductions, and the company's profit level.
Capital Gains Advisory
Capital Gains Tax Rates & Planning Strategies — AY 2025-26
Listed Equity / Equity MF — STCG
- Applies to listed equity shares & equity-oriented mutual funds
- Sold on stock exchange with STT paid
- Cannot be set off against salary / business income
Listed Equity / Equity MF — LTCG
- First ₹1.25 lakh of LTCG per year is tax-free
- Above ₹1.25L taxed at 12.5% — no indexation benefit
- Grandfathering applies for shares held before 31 Jan 2018
Immovable Property — LTCG
- Indexation benefit removed for property from FY 2024-25 onwards
- Option to choose 20% with indexation if asset acquired before Jul 2024
- Reinvestment in residential house exempts gains (Sec 54)
Property / Unlisted Shares — STCG
- Taxed at applicable individual slab rates
- Can be set off against other losses under the same head
- Important: holding period different from equity (24 months, not 12)
Virtual Digital Assets (Crypto)
- No deduction except cost of acquisition — no trading expenses
- Loss on one VDA cannot be set off against gain on another VDA
- 1% TDS on exchange transactions above ₹10,000 per transaction
Debt MF / Bonds / Other Assets
- Debt MF gains — taxed at slab rates regardless of holding period (post Apr 2023)
- Bonds held 36+ months — 12.5% without indexation
- Gold ETF / FoF — slab rate treatment applies
Capital Gains Planning Strategies
💹 Tax Loss Harvesting — Equity & MF
- Concept: Sell positions with unrealised losses before 31 March to crystallise the loss and set it off against capital gains in the same year
- STCL vs LTCL: Short-term capital loss can be set off against both STCG and LTCG. Long-term capital loss can only be set off against LTCG.
- Carry forward: Unabsorbed capital loss can be carried forward for 8 years — but ITR must be filed by the due date (31 July)
- Re-entry: Buy back the same stock or fund after the sale to maintain market exposure — there is no wash sale rule in India unlike the US
- Loss harvesting only makes sense if you have offsettable gains in the same year. TaxClue checks the gain-loss position before advising
🏠 Reinvestment Exemptions — Sec 54 / 54F / 54EC
- Sec 54: Sell a residential house (long-term). Buy or construct another residential house within 2 years (purchase) or 3 years (construction). Gain exempt up to new property cost. Can claim for 2 houses once in a lifetime if gain ≤ ₹2 Cr.
- Sec 54F: Sell any long-term asset other than residential house. Buy one residential house within 1 year before or 2 years after. Full gain exempt if entire net consideration is invested.
- Sec 54EC: Invest LTCG in specified bonds (NHAI, REC) within 6 months of sale. Exemption up to ₹50 lakh. Bonds locked in for 5 years.
- Capital Gains Account Scheme (CGAS) — if reinvestment not made before ITR filing date, deposit gain in CGAS to preserve exemption while reinvestment is arranged
₹1.25L LTCG Exemption — Harvest It Every Year, Not Just Once
Under Section 112A, the first ₹1.25 lakh of LTCG from listed equity and equity mutual funds is completely tax-free every financial year. This is not a one-time exemption — it resets every April. TaxClue advises clients with large equity portfolios to book ₹1.25 lakh of LTCG every March, then immediately re-purchase the same securities. The gain resets the cost basis at the current price, reducing future taxable LTCG. Over 10 years of disciplined harvesting, this strategy can save lakhs in LTCG tax with zero disruption to the investment portfolio.
Advance Tax Computation
Advance Tax — Who Pays, When, and How Much
Advance tax is income tax paid in instalments during the financial year — not as a lump sum at the end. Missing instalments attracts 1% per month interest under Sections 234B and 234C, which adds up silently and is discovered only when the ITR is assessed.
First advance tax instalment. Estimated on projected full-year income. Errors here are correctable in subsequent instalments.
45% of estimated full-year tax (cumulative). Revised estimate — if income projection has changed, update the computation now.
75% of estimated tax due. Capital gains realised up to December must now be factored in. Final revision before year-end.
Balance 25% — remainder of full-year tax. Any shortfall becomes self-assessment tax when filing ITR, with Sec 234B interest.
👤 Who Must Pay Advance Tax?
- Any taxpayer whose tax liability (after TDS) exceeds ₹10,000 in a financial year
- Salaried individuals with significant additional income: FD interest, capital gains, rental income, freelance income
- Freelancers, consultants, self-employed professionals
- Business owners (proprietor, partner, company director)
- Investors with capital gains — equity, mutual funds, property sales
- Senior citizens (60+ years) with no business income — exempt from advance tax
- Presumptive taxpayers under Sec 44AD / 44ADA — single instalment on 15 March instead of four
⚠️ Interest for Missing Advance Tax
- Sec 234B: If less than 90% of total tax is paid by 31 March (via TDS + advance tax) — 1% per month on the shortfall from 1 April until assessment
- Sec 234C: If individual instalments fall short — 1% per month for 3 months on each shortfall (June and September instalments); 1 month on the December shortfall
- Capital gains realised after the due date of an instalment — the shortfall for that instalment does not attract 234C interest (only future instalments are affected)
- TaxClue updates advance tax computation after each significant capital event (property sale, large redemption) to minimise 234C exposure
Capital Gains Mid-Year — Recalculate Immediately
If you sell a property in October for a gain of ₹40 lakh, the resulting tax liability must be factored into your advance tax computation before the 15 December instalment. Many taxpayers don't realise this and pay the same advance tax they had planned before the sale — discovering a shortfall (and 234C interest on the December gap) only when filing the ITR in July. TaxClue triggers an immediate advance tax revision consultation whenever a client reports a significant capital event — property sale, large equity redemption, or ESOPs vested and sold.
TaxClue Advance Tax Service — What's Included
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1
Full-Year Income Projection (April)
At the start of each financial year, TaxClue prepares a projected income statement covering: salary / business income, expected capital gains, rental income, FD interest, and any anticipated windfall. This projection drives the first instalment estimate and sets the baseline for the year.
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2
Instalment Computation — June, September, December, March
Before each due date, TaxClue updates the income projection with actual figures to date, recomputes the cumulative tax, and calculates the exact advance tax instalment due. Challan 280 amount communicated to the client with payment instructions. No guessing, no overpayment.
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3
TDS Credit Reconciliation Before Each Instalment
TDS deducted by employers, banks, and other payers reduces the advance tax obligation. TaxClue reconciles Form 26AS / AIS before each instalment to ensure TDS already credited is correctly offset — so the client doesn't overpay advance tax and wait for a refund.
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4
Year-End True-Up & Self-Assessment Tax
After 31 March, TaxClue reconciles all actual income, TDS, and advance tax paid. If any balance is due, self-assessment tax (Challan 280) is computed and paid before the ITR filing date to avoid Sec 234B interest. If advance tax exceeds liability, the refund is claimed in the ITR.
Presumptive Taxation Advisory
Presumptive Taxation — Rates, Eligibility & Pitfalls
Presumptive taxation allows eligible small businesses and professionals to declare a fixed percentage of receipts as income — without maintaining full books of accounts. But eligibility conditions, re-entry restrictions, and interaction with other income require careful planning before opting in.
Specified Professions
- Doctors, lawyers, engineers
- Architects, CAs, CS, ICWAs
- Management / technical consultants
- Only for specified professions — not all freelancers
- Cannot have capital gains or foreign income and use ITR-4
Eligible Businesses
- Any resident individual / HUF / firm
- Trading, manufacturing, retail
- Digital payment receipts taxed at lower 6%
- Does not apply to commission / brokerage income
- 5-year lock-out if opted out — cannot re-enter
Goods Transport Vehicles
- Individuals, HUF, firms, companies
- Owner should not own more than 10 vehicles at any time
- Actual profit below deemed income — still taxed on deemed
- Does not apply to plying / hiring vehicles (only goods transport)
Presumptive vs Regular — When Should You Opt In?
| Situation | Opt Presumptive? | Reason |
|---|---|---|
| Actual profit margin > 8% (business) / 50% (profession) | ✓ Yes — opt in | Declaring lower deemed income saves tax vs actual profit |
| Actual profit margin < 8% / 50% (low-margin business) | ✗ No — opt out | Declaring actual lower income requires books — but saves more tax |
| Want to avoid maintaining books and audit | ✓ Yes — if eligible | No books, no audit (if within turnover limit & declaring minimum %) |
| Planning to carry forward business losses | ✗ No | Presumptive scheme does not allow loss declaration — cannot set off |
| Capital gains, foreign income, or income > ₹50L | ✗ ITR-4 not available | Cannot use ITR-4 with presumptive if these conditions exist — use ITR-3 |
| Opted out last year and want to re-enter | ✗ 5-year restriction | Sec 44AD — once opted out, cannot re-enter for 5 years |
| Turnover exceeding the threshold | ✗ Not eligible | Audit under Sec 44AB becomes mandatory; presumptive option closed |
The 5-Year Lock-Out — The Most Dangerous Presumptive Tax Mistake
Under Section 44AD, if you opt into the presumptive scheme and subsequently declare income lower than the prescribed percentage (or opt out) in any year within 5 consecutive years, you cannot use presumptive taxation under Sec 44AD for the next 5 years. This means your books become compulsory, and tax audit under Sec 44AB applies if turnover exceeds ₹1 Crore (and you were in the presumptive scheme before). Many business owners discover this restriction only after they've already filed a year with lower declared income. TaxClue audits this eligibility before advising any client to enter or exit the presumptive scheme.
Frequently Asked Questions
The answer depends entirely on the size and composition of your deductions. The general breakeven is approximately ₹3.75 lakh of total deductions — if your deductions exceed this under the Old Regime, it is likely cheaper. If they don't, the New Regime is typically better. However, surcharge differences, marginal relief provisions, and interaction with capital gains can shift the answer even for the same income level. TaxClue computes the exact tax payable under both regimes on your actual figures — including salary, capital gains, rental income, and all applicable deductions — and provides a written comparison before you decide. The regime selection in ITR-3 for business income has a one-year lock-in, making the analysis even more important for self-employed individuals.
For Long-Term Capital Gains on residential property, three exemption routes are available under the Income Tax Act: Section 54 — reinvest the LTCG amount in another residential property (purchase within 2 years, or construct within 3 years from sale). The gain is exempt up to the cost of the new property. Section 54EC — invest up to ₹50 lakh of LTCG in specified bonds (NHAI, REC, etc.) within 6 months of the sale. The invested amount is exempt from tax — bonds locked in for 5 years. Capital Gains Account Scheme (CGAS) — if the reinvestment cannot be made before the ITR filing date, deposit the gain in a CGAS account at any nationalised bank. This preserves the exemption while you arrange the actual reinvestment. The optimal route depends on your plans for the sale proceeds, the timeline, and your liquidity needs — TaxClue advises on which combination minimises tax before the sale is executed.
Under Section 44ADA, you declare 50% of ₹40 lakh = ₹20 lakh as income. You then apply applicable deductions (80C, 80D, NPS, etc.) to arrive at taxable income. The tax on ₹20 lakh (minus deductions) is typically very low. Under the regular method, you declare actual income minus actual professional expenses (office rent, staff, software, travel, etc.). If your actual expenses are significant and exceed 50% of receipts, the regular method would declare less than ₹20 lakh as income — making it worth the effort of maintaining books. For most consultants with minimal overhead expenses (home office, laptop, no staff), the presumptive 50% declaration is accurate or favourable — and saves the cost and effort of maintaining formal accounts. TaxClue analyses your actual expense structure before recommending which route produces lower tax and lower compliance cost.
Missing or under-paying advance tax attracts interest at 1% per month under two sections: Sec 234C — levied on each instalment shortfall (June, September, December, March). If you paid only 10% by 15 June when 15% was due, you pay 1% per month for 3 months on the shortfall. Sec 234B — levied if total advance tax + TDS paid by 31 March is less than 90% of the total tax liability. Interest runs from 1 April until the date of assessment. On a tax liability of ₹5 lakh, a 4-month gap means ₹20,000 of interest under 234B alone. TaxClue's advance tax service eliminates this by computing and tracking all four instalments — and sending payment reminders before each due date.
This requires a precise analysis of your company's tax situation and your personal income. Salary: Deductible in the company (reduces company tax at 22–25%), but taxable in your hands at slab rates (up to 30% + surcharge). The combined effective tax on a ₹50L salary is: company saves ~₹11L tax (at 22%) but you pay ~₹13.5L personal tax — net cost ~₹2.5L. Dividend: Not deductible in the company (company pays 22% tax on the profit first), and then taxable in your hands at slab rate. At 30% personal rate, dividend is double-taxed — first at 22% in the company, then at 30% in your hands. Generally, salary is more efficient when your personal slab rate is below 30%. A mixed strategy — pay enough salary to reach the top of the 20% slab (₹10–15L), and keep the rest in the company for reinvestment — is often optimal. TaxClue models the exact post-tax cash in hand under each scenario with specific numbers.
Pay Less Tax — Legally, Strategically, Every Year
Tax planning done once gives one year of savings. Tax planning built into your annual routine gives savings that compound. TaxClue builds a tax plan that works for your specific numbers — not generic advice.
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