Copyright infringement not intended

Picture Courtesy: www.wallstreetmojo.com

Context: The Indian government has made amendments to the angel tax provisions introduced in the year's budget, specifically related to investments in startups by non-resident investors at a premium over their fair market value. These changes are aimed at providing relief to prospective foreign investors in startups and simplifying the valuation process.

Key Highlights

• Five Alternative Valuation Methods: The government has introduced five different valuation methods for valuing equity shares of startups. Previously, shares could only be valued based on Net Asset Value (NAV) and Discounted Free Cash Flow methods. These new methods offer more flexibility to merchant bankers for valuing a company.
• 10% Tolerance for Deviations: The amended rule allows for a 10% tolerance for deviations from the accepted share valuations. This tolerance level provides some flexibility and reduces the risk of disputes related to valuation.
• Not Available to Resident Investors: It's important to note that the option to value equity shares using any of the five alternative methods is not available to resident investors. These changes primarily benefit non-resident investors in startups.
• Clarity for Investors and Investees: The amendments are expected to bring more clarity for both investors and investees, helping them choose an appropriate valuation method. This clarity can reduce the likelihood of future litigation and address concerns related to illegitimate or non-genuine transactions.
• Effective Date: There is some uncertainty regarding whether these changes will have a retrospective effect or immediate application. This depends on how the government and tax authorities interpret the notification.

Conclusion

• Overall, these amendments are designed to make it easier for foreign investors to invest in Indian startups and address practical difficulties that were previously faced in executing such transactions due to unclear rules. It is essential for investors and businesses to consult with tax professionals to understand the specific implications of these changes for their investments and operations.

Must Read Articles:

ANGEL TAX: https://www.iasgyan.in/daily-current-affairs/angel-tax-1

Download PDF