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THE DIRECT TAX CODE 2025

THE DIRECT TAX CODE 2025
THE DIRECT TAX CODE 2025

THE DIRECT TAX CODE 2025

THE DIRECT TAX CODE 2025 :

The Direct Tax Code (DTC) 2025 is a proposed reform of India's direct tax laws, aiming to simplify the current tax system and make it more efficient and taxpayer-friendly. It is expected to replace the existing Income Tax Act of 1961 and the Wealth Tax Act of 1957.

Beyond replacing two laws, the new direct tax code aims for the following:

  • The Direct Tax Code unifies income tax, dividend distribution tax, fringe benefits tax, and wealth tax into a single, streamlined framework, simplifying tax regulations for efficiency and ease of compliance.

  • It seeks to expand the taxpayer base from 1% to 7.5% of the population by phasing out various tax breaks and deductions. It also makes tax compliance straightforward to encourage broader participation.

  • The code clarifies tax laws to reduce legal disputes, promotes fairness by aligning with international standards, incentives and establishes fair treatment across taxpayer groups.

  • Introduces updated reassessment rules and a mediation mechanism between taxpayers and the Central Board of Direct Taxes (CBDT).

  • The DTC 2025 is expected to be implemented from the financial year 2025-26. However, the exact timeline and specific provisions may undergo changes during the legislative process.

Finance Minister Nirmala Sitharaman introduced the Direct Tax Code 2025, which aims to modernise India's tax code with clearer, more straightforward regulations by replacing the Income Tax Act of 1961 and the Wealth Tax Act of 1957. The Direct Tax Code bill started with its first draft in 2009, followed by its Revised Discussion Paper (RDP) introduction in the Lok Sabha,

History : The history of the Direct Tax Code (DTC) in India is marked by several attempts to reform the complex tax system in India :

Initial Proposal and Discussion Paper:

  • 2009: The government released a discussion paper outlining the proposed DTC, aiming to simplify the Income Tax Act of 1961.

DTC Bill Introduction and Standing Committee Review:

  • 2010: The DTC Bill was introduced in Parliament.

  • 2010-2012: The Standing Committee on Finance reviewed the bill and submitted its report.

Delay and Lapse:

  • Due to various reasons, including political changes and economic conditions, the implementation of the DTC was delayed.

  • The DTC Bill eventually lapsed.

Renewed Efforts and Expert Committee:

  • 2017: An expert committee was formed to draft a new DTC.

  • 2019: The committee submitted its report to the Finance Minister.

DTC 2025:

  • 2024: The government introduced the Direct Tax Code 2025, aiming to implement it from the financial year 2025-26.

It is expected that there might be many changes to the draft proposal of the bill before it's implemented.

KEY CHANGES EXPECTED IN THE NEW LAW :

  • The bill widens income tax slabs for individuals. Income between Rs 2 to Rs 5 lakh will be taxed at 10%, between Rs 5 and Rs 10 lakh at 20%, and over Rs 10 lakh at 30%.

  • Companies will be taxed at 30% of business income. Foreign companies shall pay an additional branch profits tax of 15%. Non-profit organisations are taxed at 15%.

  • Removes several tax breaks and deductions currently allowed for companies but retains most deductions available to individuals.

  • Removes the distinction between short-term and long-term capital gains for all assets except securities listed on stock exchanges.

  • The wealth tax exemption limit is increased from Rs 15 lakh to Rs 1 crore.

  • Introduces General Anti Avoidance Rules, which allow tax authorities to classify any arrangement into which one entered for tax avoidance.

Major changes of the Direct Tax Code 2025

  1. Simplified residence rule ; Residential status for taxpayers will be classified as either residents or non-residents in the new proposition, removing the RNOR (Resident but Not Ordinarily Resident) category in The Income tax act 1961

2. Unified tax rates for the companies : Domestic and foreign companies will be taxed at the same rate without differentiation .

3. Removal of Assessment Year and Previous Year : The code introduces "Financial Year” as the only term used for income tax return (ITR) filings, eliminating the terms "Assessment Year” / "Previous Year”.

4. Capital gains tax updates : The capitl gains will be taxed as regular income. Short-term gains on financial assets will have a tax rate increase to 20% (up from 15%), while long-term gains is reduced to a rate of 12.5% (down from 20%).

5. New income category names : "Income from Salary“ is renamed to "Employment Income“, and "Income from Other Sources” is called "Income from Residuary Sources”.

6. Simplified and unified structure : The DTC 2025 arranges its 319 sections and 22 schedules in a straightforward, less fragmented format. By refining and consolidating the structure, the DTC 2025 minimises the need for cross-referencing multiple sections, making the tax filing process more straightforward .

7. Tax deduction on most income : Tax Deducted at Source (TDS) and Tax Collected at Source (TCS) will apply to most types of income. The TDS rate for many payments will be reduced from 5% to 2%. For e-commerce operators, the TDS rate is significantly lowered from 1% to 0.1%, providing relief to taxpayers .

8. Expansion of audit roles : Company Secretaries (CS) and Cost and Management Accountants (CMA) will be permitted to conduct tax audits.

9. Reduced deductions and exemptions : Most tax exemptions and deductions will be eliminated to streamline tax filing. However, the standard deduction for salaried employees in the new tax regime has been raised to Rs 75,000.

PRESENT POSITION OF THE PROPOSED CHANGES :

The Central Board of Direct Taxes (CBDT) has established an internal committee to supervise an extensive review of the Income-tax Act, 1961 (Act), following the announcement made in the Union Budget 2024–25 on July 23 by the Finance Minister Nirmala Sitharaman about The Direct tax bill .
The public has been asked to contribute to the review of the I-T Act, which has been in place to simplify the language, reduce litigation, minimize compliance, and eliminate outdated provisions. You may submit Suggestions for comprehensive review of Income Tax Act by going to the linked webpage The goal is to make the Act more understandable and clear, leading to decreased disputes and litigation and providing taxpayers with greater tax certainty.

The bill is expected to be presented to Loksabha in the budget session 2025 for the discusssion , modifications and approval and to be implemented from 1st , APRIL 2025 for the Financial year 2025-26.