Only tax-free State in India: Even if one earns crores in a year here; Income Tax Department does not collect even single rupee

This is the only state in India where residents are exempt from paying income tax, regardless of their earnings. This unique status, rooted in the historical merger agreement of 1975 and protected under Article 371F of the Indian Constitution, provides significant financial relief and economic advantages to Sikkim's residents.

ZeeBiz WebTeam | Jul 31, 2024, 12:09 PM IST

Sikkim is the only state in India where residents are exempt from income tax due to Article 371(F) of the Indian Constitution and Section 10(26AAA) of the Income Tax Act, 1961. This unique status, stemming from Sikkim's 1975 merger with India, provides significant financial relief to its residents.

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Income Tax Rule

Income Tax Rule

  • General Obligation: In India, individuals whose income falls under the taxable bracket are required to pay income tax.
  • Exception: There exists a state in India where residents, even if they earn crores, do not have to pay income tax.

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Income Tax Free State in India

Income Tax Free State in India

  • Filing Deadline: The last date for filing Income Tax Returns (ITR) in India is 31 July.
  • Mandatory Filing: The Income Tax Act, 1961, mandates tax filing for eligible incomes.
  • Exemption: Despite these rules, one state in India is exempt from paying any income tax.

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The Tax-Free State

The Tax-Free State

  • Sikkim: Sikkim is the only state in India where residents do not pay income tax on their earnings.
  • Constitutional Provision: Article 371(F) of the Indian Constitution excludes Sikkim's residents from the purview of income tax.

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Historical Background

Historical Background

  • Merger with India: In 1975, Sikkim merged with India.
  • Condition of Merger: The merger was based on the condition that Sikkim would retain its old laws and special status.

 

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Legal Framework

Legal Framework

  • Special Status: Sikkim enjoys special status under Article 371-F of the Indian Constitution.
  • Income Tax Exemption: Native residents are exempted from income tax under Section 10(26AAA) of the Income Tax Act, 1961.

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Section 10(26AAA) Explained

Section 10(26AAA) Explained

  • Exemption Details: This section states that the income of any resident of Sikkim is outside the tax purview.
  • Types of Income: This includes income from interest on securities and dividends.

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Scope of Exemption

Scope of Exemption

  • Pre-Merger Residents: All individuals who were residents before Sikkim's merger with India are eligible for this exemption.
  • Regulation Reference: Eligibility is determined by the Sikkim Subjects Regulations, 1961.

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Implications

Implications

No Tax Liability: Sikkim residents do not have any income tax liability, regardless of their earnings.
Significant Relief: This exemption provides significant financial relief to Sikkim’s residents.

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Broader Impact

Broader Impact

  • Economic Impact: The tax exemption can influence the economic activities and investments in Sikkim.
  • Comparative Advantage: Sikkim has a unique advantage over other states due to this exemption.

 

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Agricultural Income

Agricultural Income

  • Exemption Basis: The Indian economy is primarily agricultural, and to support this sector, the government exempts agricultural income from tax.
  • Includes: Growing, processing, and selling crops (e.g., wheat, rice, fruits). Rent from agricultural land or buildings.

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Profit from Partnership Firm

Profit from Partnership Firm

  • Taxation Level: The partnership firm’s income is taxed at the entity level.
  • Partner's Share: Partners receive their share of profit after the firm’s tax.No additional income tax is required on the profit share received by the partners.

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Individual Share from HUF

Individual Share from HUF

  • Taxable Entity: HUF (Hindu Undivided Family) is taxed as an entity.
  • Member's Share: After the HUF pays tax, the remaining earnings are distributed to its members. Members do not have to pay income tax on these distributions.

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Interest Income from NRE Accounts

Interest Income from NRE Accounts

  • Account Type: NRE (Non-Resident External) accounts are designed for NRIs who invest in India.
  • Tax Exemption: Interest earned from NRE deposits is tax-free. Funds can be transferred from the NRE account to the account holder’s country of residence.

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Scholarships

Scholarships

  • Tax Exemption: Scholarships provided by government and private institutions are exempt from income tax.
  • Note: The Income Tax Act does not impose taxes on such scholarships and rewards.

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Key Takeaway

Key Takeaway

  • Unique Status: Sikkim stands out as the only state in India where residents are entirely free from income tax obligations.
  • Historical and Legal Reasons: This unique status is rooted in historical agreements and specific legal provisions.

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