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Introducing Shakespeare

Category : Academic writing, Communication, Creative writing, English language, Freelance content, Freelancing, General, Information highway, Literature, News and society, website content

Would you say Shakespeare needs no introduction? You would be wrong.  Most of us really do not know Shakespeare. Those who have read the abridged versions of his stories, definitely, cannot claim to know the bard. After all many of the stories he used in his plays were folk tales that were popular during his time. They were hardly his own!

English Literature students too (who may have read the original plays), cannot claim familiarity. Most of them are caught up in famous critical interpretations of the work rather than the work itself!

A popular joke that used to do the rounds in our literature classes truly illustrates the state of Shakespeare studies in colleges in India and abroad. The joke was–if Shakespeare were to attend classes on Shakespeare, he would be the only one to fail the year end examination as he would be bewildered with the interpretations of his text!

Having said all this, what kind of introduction to Shakespeare is this post going to offer? Well, to use the cliched phrase, let us begin at the beginning and re-introducte/introduce (as the case may be) ourselves to the bard and his works in very general terms.  Perhaps with the next posts we can worm our way into the heart of the bard?

Shakespeare was a man who understood mankind. He understood the impulses of the people around him in near absolute terms. In fact, his plays underline the universal truth that “human nature never changes”.  Love, hate, anger, jealousy, lust, greed, betrayal (and all the shades of emotions in between) spring forth with the force and energy of yore in the hearts of men and women eternally. So, why should the characters in his plays be any different? He represented man (and woman) as he found him (her).

Therefore, it is not surprising that Shakespeare’s comedies are tragically comic and his tragedies are comically tragic! He laughs at the follies of men and is saddened by the consequences of their folly.  Antonio or Bassanio provoke tense laughter as the audience waits with bated breadth for the looming tragedy–consequent upon their “humanness”–to manifest and miraculously find a resolution.  A Lear or a Macbeth evoke sympathetic pain as their emotions carry them beyond reason and  they descend to the level of being comically tragic as their bizzare responses to the situation and their worldview borders on madness.

Has the foregoing commentary on the bard made you any wiser? I am sure it has not!  So what must be done?  Watch this page for further inputs!

–Dr.Vanitha Vaidialingam, Phd, IRS(retd)

Resolutions recorded on liquid surfaces!

Category : Communication, Creative writing, Freelancing, General, Information highway, News and society

Having made an ardent promise to myself and my readers that I would henceforth cease to be a drop out and would spend time writing a blog a day, I have failed to keep my word.  It seems these resolutions of mine get recorded on liquid surfaces that erase them the moment they are recorded.  Anyway, here is a post that I hope will interest my readers.

I am currently grappling with three different topics that interest me. One the literary theory of Saussure, Lacan, Barthes and others. I am doggedly reading the translations of the works of these writers even though I need multiple readings to make sense of them. Finally, I am getting a glimmer of what they are talking about and am getting immensely interested in what they have to say. I am also attempting to apply their theories to literary works!  A challenging and interesting task. Very intellectual!

I am also reading a wonderful novel by a Japanese writer in English called Kazuo Ishiguro called The Remains of the day.  The writer has wonderfully captured the essence of what “buttlership” (if you forgive my coining of this word) implies.  A copy of the novel is available online (in docstoc or is it scribd?–I am not sure). Truly relaxing!

I am also working out the nuances of contract law and bombarding myself with  topics like “invitation to treat”, “postal delay in contract law” and so on and so forth till I am getting a little cross eyed with the effort. Absolutely legal! Keeps my mind live and kicking.

Of course, I cannot complain that my life is drab and dull and lacks variety.  Will perhaps translate the results of all my efforts into little articles that may be of interest to you all?

Why do I do all this?  I like being an intellectual.  In fact I revel in it.  What comes out of it?  A lot of writing practice and of course a number of new creative ideas for books that I plan to write sometime in the future (only the future seems very dimly distant at the moment).   Some of the work may also find a way into literature journals and law journals and law journals.

Tax Talk: House Property income–the Indian context

Category : Money & Finance, News and society, Real Estate Investment, taxation

Before actually launching into an explantion of House Property income and its calculation let me make the legal disclaimer.

All statements made in this blog post are personal views and readers are requested to treat them as such. For advice on your tax returns please contact a qualified chartered accountant.

Let us begin by stating the seemingly obvious:

Calculation of tax on Income from House Property is governed by the provisions of the Income tax act 1961 as modified by the latest Finance Act relevant to the financial year.

Well, that is a mouthful. But is it really obvious?  I am not sure it is obvious! There are several terms that are obscure! I have highlighted them below:

Calculation of tax on Income from House Property is governed by the provisions of the Income tax act 1961 as modified by the latest Finance Act relevant to the financial year.

Tax: The amount of tax payable on this type of income is defined in the Finance act relevant to the financial year.

Income: Income or notional income from house property referred to here is the net income and not the gross income.

Finance act: This is the act that is passed every year in the parliament modifying the Income tax act 1961 to take into account the changing economic realities.

Financial year: the year beginning on 1st April of one year and ending on 31st march of the following year.

House Property: Any building or building with land appertuenent thereto that is owned by a taxable entity and from which he derives an income or notional income. Such a building can be self occupied property, let out property, deemed to be let out property or partly let out property.

Exception:Income from house property can become business income under certain circumstances. If an assessee uses a house property he owns for business or profession, then the income generated by this house comes under the income from business and not under the head income form house property. The case may be different if the Direct Tax code is passed in toto.

Did that bring clarity? No. There are several new terms that need elucidation!

Notional Income: Income that may be derived had the property been let out. Currently, this is generally taken to be ‘Nil’ if the property is self occupied.  It will have a value if the Direct tax code is implemented next year in toto.

Gross income: Total receipts by way of rent for use of property and amenities.

Net income: This is total receipts from house property minus any expenses that may be incurred by the owner by way of payment for repairs, taxes and other charges on the house property.

Building or building with land appertunent thereto: Land by itself is not defined as House property and there is no tax on income from land. However, if there is a building on the land and the building is let out or self occupied along with the land, then the total receipts from the property will be taxable under the head house property income as income from property.

Ownership: Income from house property is paid by the assessees’ who own house.

Ok, so we have the definitions and terms explained! What about an example of the calculation?  Stay tuned in. Our next blog post will do just that!

Freelancer alert: Not an export code-A purpose code!

Category : Content Marketing, Freelance content, Freelancing, Money & Finance

While we have been busy speculating on what is an export code and what it takes to get one issued from DGFT, paypal has issued a clarification that it is not an “export code” but a purpose code which needs to be entered into the paypal site to enable Indian account holders to withdraw from their accounts to the Indian bank account. They have also made the task easy by providing all the codes that would need to be used on their blog post itself.

So much for the storm in the tea cup and the emotional outbursts against the RBI and paypal and all the ravings and rantings of my fellow freelancers who wished to commit a business suicide where freelancing was concerned!

Before talking about the implications of this move and also what Indian freelancers need to look out for in the future, I would like to appreciate the extremely professional and collected manner in which Paypal has handled the crisis. While the Indian business is not very large, Paypal had a commitment to its clients and perhaps all the Asian clients were watching the fall out and outcome of the crisis. Paypal remained tightlipped during the initial phases of the crisis to avoid speculation and panic and calmly set about doing whatever it takes to set the situation right for everyone round. Kudos to Paypal!

Well, the purpose code as Paypal chooses to call it will give a hook for RBI to collect the data and also evaluate the amount of foreign exchange that is being transacted by Indians. It will also help the premier bank frame a policy for how it will handle this type of foreign trade in the future. In a sense this is real good news for the Indian freelancers and could be bad news for those who are making big money in this field and not paying their taxes on Income? There is now a tracking mechanism in place where transactions through paypal are concerned. The good news is that India is getting ready to regularize the largely unorganized sector that operates over the Internet.   Maybe Indians will no longer be vulnerable to the scamsters and sharks that populate the Internet. Maybe cyber laws will offer some newer modes of protection to this largely helpless and vulnerable set of small businesses that are mushrooming in India.

One question that needs to be answered is: What about those thousands of Auction sites like Rentacoder, Elance, guru, getafreelancer etc which also do a kind of payment settlement for Indians? They act as intermediaries between buyers and sellers and collect money from buyers on behalf of sellers and then settle accounts with the latter at the end of every month. Do they also need to get a license from the RBI to operate in the Indian context?  These sites have a tie up with Paypal and payment agencies like Payoneer or they send checks to Indians by snailmail. Will RBI be contacting them next with requests for compliance? The RBI does not seem to have contacted these sites as yet.

Let us wait and watch. Stay tuned in for more from me on this blog!

Freelancer Alert: Export Code(IEC)

Category : Business, Freelance content, Freelancing, Information Technology, Money & Finance, News and society

The email from Paypal has elicited a mixed response. Many are happy to see the light at the end of the tunnel but are puzzled by the rider that everyone would have to enter an Export code before they are permitted to withdraw the funds to their bank account.  I see many blog posts which ask “What the hell is Export code?” So this information may be useful for you.

The Foreign Trade(Development and Regulation) Act 1992 stipulates that every exporter or importer of goods and services must apply for and obtain an Importer-Exporter Number(IEC Number).  The application for obtaining this number needs to be made under section seven of this act to the Director General. Under this act an importer is anyone who brings in goods or services into the country and an exporter is one who sends out goods and services via land, sea or air. However, the term “goods” is not defined in the act itself and the meaning is derived from the dictionary meaning of the word or from the Import-Export regulation act of 1947 which preceded the current act. As per this act “goods” is defined as any “article, animal, substance or property whatsoever”.

There has been a lot of controversy whether sending of digital material over the Internet would qualify as “goods” or “services” and whether the process of transmitting the information over the Internet falls within the ambit of sending out of India goods or services “by land, sea or air”.  Since the issue was unclear, freelancers were not asked to apply and obtain the IEC number under section 7.

However, there was a move to include services into the ambit of the act from time to time. Objections from the Finance Ministry kept the amendment at bay for some time.  The Standing Committee on Commerce made suggestions on Foreign Trade (Development and Regulation) Amendment Bill, 2009 which included a suggestion to bring “Techonology” and “services” including “financial services” under the ambit of the act.  The bill was  submitted on the 25th of November 2009 to effect the following amendments.

2(a) (ii) Supplying Service or Technology from the territory of India to another country; from India to a service consumer in another country; by a service supplier in India through a commercial presence in another country; through a service supplier in India, through Indian naturals in the territory of another country.

Elaborate definitions of service and technology have also been included in the act. You can get more information at http://164.100.47.5/newcommittee/press_release/bill/Committee%20on%20Commerce/Foreign%20Trade%20%28Development%20and%20Regulation%29%20Bill,%2020090001.pdf .  The net result of this amendment would be that all freelancers who supply software or other kinds of services to consumers abroad must apply for and obtain a IEC number.

I am unable to ascertain whether the bill has been passed or is still pending. If it has been passed, freelancers should get ready to apply for the IEC number! Stay tuned in for more information!

Indian freelancers Be alert!

Category : Business, Content Marketing, Freelance content, Freelancing, Money & Finance, Types of content

Paypal has finally got the green signal from the RBI to resume services subject to certain constraints. Paypal will be allowing Indian freelancers to withdraw funds soon. However, there is a rider!  They have to enter an export code before they are permitted to withdraw. Paypal does not say who will issue the export code but says that this is required by Indian laws.  The reality is that every freelancer in India will now have to apply for the Export code under the Foreign Trade (Development and Regulation) Act 1992 and get the Exporter-Importer code number issued before they can withdraw money from Paypal! That could take months! There are also a number of other laws which will come into play for the exporter of goods and services–RBI, FEMA, Service tax act and so on.

So I would like to advise my fellow Indian freelancers to get cracking and find out what compliance with these laws imply and how to go about  complying with the laws and getting the numbers you require for continuing to operate. I shall keep you updated from my blog http://www.consult4content.com/blogs. So stay tuned in.

Paypal-Not an Indian Pal?

Category : Business, Money & Finance

Online home workers and small software busines units from India are having problems with Paypal. They are unable to withdraw funds from Paypal in to their Indian bank accounts. While the customers of the electronic money transfer giant struggled with cash flow problems, the company merrily reversed a number of business transactions and also refused to complete the withdrawal requests of its clients. Emails to the company elicited a standard reply that gave no clue to the Indian clients as to why the money is held up.

Finally, the Paypal spokesman stated in a blog post that

  • Paypal had suspended the services to respond to enquiries from Indian regulators, specifically questions on personal payments and whether these payments constitute remittances into India.
  • He assured the Indian clients that Paypal is working with the Indian regulators to get the issues resolved quickly and on priority and apologized for the inconvinience being caused.
  • However, he could not give a timeline for resolution and said that it could take a few months, since the regulators had let Paypal know about the revised licensing rules only recently.
  • Meanwhile Indian clients who had initiated withdrawals would be credited with the amounts withdrawn and any losses that may be incurred due to currency fluctuation and withdrawal charges.
  • Negative balances arising from reversal of transactions would be resolved case by case if the client requests for a resolution by clicking the “Resolve Negative Balance” link on the Account Overview Page.
  • All instances where business payments were erroneously reversed as personal payments can be resolved by requesting the payer to follow the instructions on the site and to make the payment again.

Why did this happen? What are the revised regulations that have impacted them? New York Times informed the Indian clientele. To quote them:

“Providers of cross-border money transfer service need prior authorization from the Reserve Bank under the Payment and Settlement Systems Act,” a spokeswoman for the Reserve Bank of India, Alpana Killawalla, said in an e-mailed response to questions. “PayPal does not have our authorization.” http://www.nytimes.com/2010/02/11/business/global/11paypal.html

It is seen from the Paypal website that Paypal has license to operate a remittance business in many parts of the world but not in India. They feel that they are not in the remittance business in India because they perform online transactions only. Recipients transfer the money to a bank or withdraw it.

The Indian Payment and Settlement Systems Act, however, demands that anyone desirous of setting up a payment system in India should apply for and obtain a license to operate in India under section 5 of the act.  Under the provisions the Reserve Bank of India will have the right to regulate and supervise payment systems including electronic payment systems. The bank can lay down standards for the setting up of such systems; authorize the set up of the system; determine the criteria for the membership; and oversee the administration and regulation of the guidelines laid down under the act.

Consequently, Paypal has no choice but to decide to apply for an authorization under this act if it wants to continue its operations in India. It is expected that Paypal will be applying for the license immediately and will be allowing its Indian clients to withdraw monies into their Indian bank accounts soon. So those who hold accounts with Paypal hang on! A resolution of the problem seems to be on its way!

Tax Talk: Income from house property

Category : General, Information highway, Money & Finance, News and society, taxation

“House building” is an economic activity that is hugely encouraged in most tax legislations.  Governments want people to build houses and promote the development of localities and contribute to overall economic growth.  So, people who invest in house property are given a number of incentives to do so.  They are given a number of tax breaks that are not available to persons who earn income under other heads of income as defined in the tax legislation of the country.

However, it should be noted that income from every type of house property is not treated on the same footing in all countries, for a variety of reasons. Depending on the scope of encouragement to be given to house building activity, the  income tax benefits available on the  first property owned by a person may be different from the income tax benefits available on  the second property owned by the same person.

It follows that income tax benefits available on properties owned by the individual in countries other than the country of residence, may also be different. The tax on income from such properties may be computed with reference to any tax treaties that may have been entered into by the parent country with the country in which the property yeilding income is located.

Having said this, let us go on to examine what is commonly understood as income from house property.

Income from House Property, also referred to as rental income, is any payment you receive for the use or occupation of your property (referred to as Lessee or owner) by another (referred to as lesor or tenant).

Broadly, Income tax legislations the world over define income from house property as any or all of the following:

  • Periodic payments by the tenant for use of property fully or partially
  • Notional rental value of property that is intended for self occupation
  • Payments by tenants towards amenities provided with the property
  • Any amounts paid by tenant to cancel a lease
  • Any expenses paid by the tenant on your behalf
  • A security deposit that is intended to be adjusted against unpaid rent or final payment of rent
  • Any security deposit that is adjusted because tenant does not comply with the terms of the lease

The type of accounting system you adopt will also make a difference to the amount of income from house property you report under the tax legislation. So most tax legislations recognize two types of accounting proceeduces as legitimate–cash system or accrual system.  A cash system of accounting implies that you account for the rent only when you receive the cash. Under the accrual system you will include all rent that is due to you and not necessarily received.

However, the entire amount you receive from your tenant is not taxable.  The income at the point of receipt is “gross rent”.  The actual taxable rent could be far less than what you have received from your tenant in the course of the accounting year. Why? All tax legislations allow legitimate and reasonable expenses that may be incurred by an individual in collecting the rent or maintaining the property in a rentable condition. The rent arrived at after deducting expenses is the “Net taxable rental income”.

Deductible expenses on gross rental income could include:

  • Expenses on upkeep of the property
  • Finding a tenant to occupy the property
  • Expenses incurred for collection of rental
  • Expenses incurred for payment of property tax and
  • Other taxes/charges on property.

A few tax legislations may also allow you some deductions such as:

  • interest that is paid on loans taken by you for the purchase of property;
  • vaccancy allowance for the period when the property remains untenanted or
  • loss of income you have appropriated the property for personal use during a part of the financial year.

A few legislations allow a standard deduction on income from house property in place of deductions for various expenses. Other legislations may allow depreciation on house property income.  You must compute your house property income in accordance with the definition of house property income that is enshrined in the legislation of your country of residence and deduct expenses that are allowable under that legislation.

The total income from house property can be a loss if the expenses on property exceeds the gross income from property. This may or may not be set off against income from other heads as defined in the tax legislation of the country.

[Subsequent tax talk posts will be devoted to "How to compute house property Income" under different tax legislations. So stay with us and we hope this information will be useful to you for the tax filing season in your country!]

Tax talk: Property tax

Category : Money & Finance, News and society, Real Estate Investment, taxation

Property tax in most countries is an ad valorem tax or a tax on the value of property.  Property is often defined as immovable property such as land; improvements to land such buildings and other man made objects and movable property of a personal kind (Jewellery) for the purposes of this tax. Real estate, real property and realty are terms used to reference land and improvements to land.  The taxing authority performs an appraisal of monetary value of property and imposes a tax that is expressed as a percentage on the value of the property. It is imposed by the governmental authority in whose jurisdiction the property lies.  Property tax is distinct from tax on ”property income’ in so far as the latter refers to rentals derived from property and the former refers to tax on the intrinsic value of the property.

In Australia property tax is known as property or land rates. The frequency of payment is determined by local councils who use land valuers to determine land worth. The land value does not include value of any buildings that may be erected on the land or any other improvements that are made to the land. Quarterly payments of land rates are common across Australian councils.  Land owners are also expected to pay water rates in addition to land rates.

In Canada property tax is linked with land use. The current use of the property plus the value of the land will be considered for the purposes of taxation. The tax is levied by muncipal governments and the valuation criteria is laid down by provincial legislation.  Normally market value is adopted for valuation purposes in most provinces. However, there may reevaluation cycles for refixing the value over a period of time.

In Hong Kong property tax is not an ad valorem tax. It is a kind of income tax.  Property owners who receive rentals are said to have received a “consideration” and hence the property is subject to tax for the year of assessment. The net assessable value of the property is computed at 80% of its assessable value multiplied by the property tax at a standard rate less any bad debts and rates paid by owner.

In India property tax resembles the US wealth tax. The property tax is a tax on buildings along with appurtenant land. The power to tax vests with the State Government and is implemented by the local authorities within whose jurisdiction the property exists. The tax base is an annual rateable value or area based rating. Owner occupied properties are assessed differently from rented properties. Commercial properties have yet another rate. Vacant land is exempt from tax and government properties are not taxable.  A number of related taxes are also imposed such as water tax, service tax, drainage tax, conservancy tax, lighting tax using the same tax base.  The rate structure is rather flat in rural areas and mildly progressive in urban areas.  Personal property in India is taxed under the Wealth tax act and is a central government levy on personal property.

In UK there is currently no ad valorem tax on property as on date.

Property tax in the USA is levied by the local government at the municipal or county level.  Assessment consists of two components–the improvements to land and the land itself.  A few states also tax personal property.

The assessment of property for tax levy in the USA is done by a tax assessor.  The appraiser takes into consideration the selling price of similar properties in the area or the income derived from the property or replacement cost of the property to arrive at the value of the property.  Assessment may be at 100% of the value or at a lesser rate taking into consideration other relevant factors.  Tax is then collected as a percentage of the value.

Additionally some states may impose a non ad valorem tax on property that is known as special assessments. Street lighting and storm sewer control facilities may be taxed under a fixed rate from property owners regardless of the value of the property they own in the area.

Personal property tax in the USA is a tax on the value of movable property owned by the individual. These include vehicles owned, durable goods such as works of art, business inventory and intangible assets such as stocks and bonds.  This tax can be imposed theoretically by any level of the Government but is practically imposed by the States.

Levy of property tax is often regarded as a regressive step by taxation gurus. It is believed that incorrect implementation of property tax can lead to a huge burden on property owners who have accumulated property but yield from property is low.  Others argue that property tax is a progressive levy because most property round the world is owned by corporations and not individuals.  However, it is to be acknowledged that the progressive or regressive nature of the tax will be determined by the prevailing environment of property ownership within the country and the play of market forces within a given locality.

Are you still watching the fallout?

Category : Business, General, Money & Finance, News and society

The sub prime bubble burst three years ago. If you are among those who are still fearfully watching the fallout know that others have learnt their lessons and have moved on.  Remember smooth seas do not make skillful sailors. ‘

In fact, the downturn threw into sharp relief all those things you should have been doing (but never did) even when there was no downturn to scare you silly. A few learnings of industries over the last two years have been summarized below:

  • Tweak your business model but don’t cut down on marketing innovation
  • Stay with your long term goals
  • Exploit your strengths
  • Keep a tight rein on costs by running your business efficiently–keep positive cash flows
  • Do not push profits at the cost of stability
  • Invest in a few strategic things that will help you maintain your balance in differing environments
  • Never expand in a fractured market using debt
  • Treat employees as partners  in your success at all times
  • Network with your customers constantly–your business depends on them
  • Advertise your products aggressively all the time
  • Keep watch on your competition and their product strategies but do not imitate them-learn from their mistake

Maybe we should say with John Heywood:

“If you will call your troubles experiences, and remember that every experience develops some latent force within you, you will grow vigorous and happy, however adverse your circumstances may seem to be.”

John Heywood quotes (English Playwright and Poet, 1497-1580)

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