WEALTH TAX • REGULATORY & VALUATION FRAMEWORK

The Regulatory Framework — The Comprehensive Wealth Tax Valuation Context

Section 34AB; Wealth Tax Rules; Income Tax Act; IBBI; Black Money Act; and WTAT together form the regulatory context within which comprehensive wealth tax valuation assignments are understood, documented and defended.

Section 34AB Wealth Tax Rules Income Tax Act IBBI Black Money Act WTAT
01 • HISTORICAL FOUNDATION

The Wealth Tax Act 1957 & Wealth Tax Rules 1957

The historical legislation and valuation rules that established the foundation for the registered valuer and wealth tax valuation framework.

A
PRIMARY LEGISLATION

Wealth Tax Act 1957

The Wealth Tax Act 1957 established the origin of the Section 34AB registered valuer scheme, covering the eight asset categories and the professional valuation framework.

  • Section 34AB registered valuer scheme
  • Eight prescribed asset categories
  • CBDT registration
  • Net wealth computation
  • Finance Act 2015 abolition
B
VALUATION RULES

Wealth Tax Rules 1957

The Wealth Tax Rules 1957 provided the asset-specific valuation methodologies used across the historical wealth tax framework.

  • Rule 3 — Capitalised ALV
  • Rule 6 — Jewellery
  • Rule 11UA — Unquoted equity DCF + book value NAV
  • Rule 8 — Deceased partner's share
  • Rule 11 — Motor vehicles
  • Rule 4 — Historical unquoted shares
02 • POST-ABOLITION TAX FRAMEWORK

The Income Tax Act 1961 — Valuation-Linked Provisions

Several provisions of the Income Tax Act connect fair market value, registered valuation and multi-asset disclosure with taxation and compliance.

SECTION 50C

Stamp Duty Value & FMV Defence

Section 50C provides for the stamp duty value as the deemed sale consideration where the actual consideration is below the applicable stamp duty value.

Section 50C(2) Registered Valuer Defence
SECTION 56(2)(x)

Inadequate Consideration

Section 56(2)(x) addresses receipt of property for inadequate consideration and incorporates the registered valuer's role in applicable DCF-based valuation circumstances.

Registered Valuer DCF Certificate
SECTION 50CA

Unquoted Share Transfers

Section 50CA addresses the transfer of unquoted shares below their applicable fair market value.

SECTION 50D

Slump Sale

Section 50D forms part of the Income Tax Act provisions relevant to valuation in the context of a slump sale.

SECTION 23

Annual Value of House Property

Section 23 determines the annual value of house property for income tax purposes and provides a conceptually relevant annual-value framework.

SECTION 90 / 90A

DTAA Framework

Section 90/90A DTAA provides the treaty framework relevant to international taxation and treaty relief.

SCHEDULE AL

Multi-Asset Disclosure

Schedule AL provides the mandatory multi-asset disclosure framework for taxpayers with income exceeding Rs 50 lakh.

The IBBI Registered Valuer Scheme

The IBBI Registered Valuer scheme operates under the Companies Act 2013 Section 247 and provides a contemporary professional valuation framework aligned with prescribed valuation standards.

IBBI Valuation Standards 2018 Professional valuation standards and asset-class alignment
L&B Land & Buildings
P&M Plant & Machinery
S&FA Securities & Financial Assets
Section 247

Companies Act 2013 framework for registered valuation.

04 • FOREIGN ASSET COMPLIANCE

The Black Money Act 2015 — Foreign Asset Valuation Context

The foreign asset framework connects valuation, Schedule FA disclosure and international financial information exchange.

BLACK MONEY ACT 2015

Undisclosed Foreign Income & Assets

30% Tax
30% Penalty
10 Years Imprisonment

The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act 2015 provides the foreign asset compliance framework, including the Schedule FA disclosure context.

SCHEDULE FA

Foreign Asset Disclosure

Foreign asset disclosure forms part of the compliance framework for foreign property, financial interests and other applicable foreign assets.

FATCA

India–US Model 1 IGA

The FATCA India-US Model 1 IGA provides the bilateral financial information reporting framework.

CRS

OECD Common Reporting Standard

The CRS framework involves information exchange across 100+ jurisdictions.

05 • EVIDENCE & VALUATION STANDARDS

From WTAT to International Valuation Standards

The comprehensive wealth tax valuation context also incorporates the appellate, professional and international valuation standards relevant to defensible valuation documentation.

WT
APPELLATE FRAMEWORK

Wealth Tax Appellate Tribunal

The Wealth Tax Appellate Tribunal (WTAT) provides the adjudication framework for pending and new pre-AY 2016-17 wealth tax appeals.

IVS
VALUATION STANDARD

Indian Valuation Standards

The Indian Valuation Standards (IVS) provide alignment with the IVSC International Valuation Standards.

R
PROFESSIONAL STANDARD

RICS Red Book

The RICS Red Book represents an international professional valuation standard relevant to valuation practice.

IFRS
FINANCIAL REPORTING

IFRS 13 / Ind AS 113

IFRS 13 and Ind AS 113 provide the fair-value measurement framework relevant to financial reporting.

06 • COMPLIANCE OVERVIEW

The Comprehensive Wealth Tax Valuation Context

Wealth tax valuation assignments can involve multiple overlapping legislative, professional, tax and international frameworks.

01 Wealth Tax Act 1957 Section 34AB • Eight Categories • CBDT
02 Wealth Tax Rules 1957 Rule 3 • Rule 6 • Rule 8 • Rule 11 • Rule 11UA
03 Income Tax Act 1961 Sections 23 • 50C • 50CA • 50D • 56(2)(x) • 90/90A
04 Schedule AL Multi-Asset Disclosure • Income > Rs 50 Lakh
05 IBBI Section 247 • IBBI Valuation Standards 2018
06 Black Money Act 2015 Foreign Assets • Schedule FA • FATCA • CRS
07 WTAT Pre-AY 2016-17 Wealth Tax Appeals
08 International Standards IVS • RICS Red Book • IFRS 13 • Ind AS 113
09 AML / KYC FATF 40 Recommendations
GOVERNMENT APPROVED WEALTH TAX VALUATION

Need a Valuation Aligned With the Applicable Regulatory Framework?

Discuss your requirement for Schedule AL, retrospective wealth tax valuation, Section 50C, Rule 11UA DCF, foreign asset FMV or comprehensive multi-asset valuation documentation.

Facebook Instagram LinkedIn WhatsApp Phone Call