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What Is Surcharge Under Income Tax In India?

Updated on: 20 Feb, 2025 12:53 PM

The surcharge is an additional tax levied upon a person or entity if the income or turnover exceeds the prescribed limits. It is a progressive levy which means it helps in taking higher taxes from the rich who are earning above certain financial limits. It is a direct source of revenue for the central government and is not distributed amongst the state treasuries. This article will help you understand about surcharge in detail.

What is Surcharge on Income Tax?

A surcharge on income tax is an additional tax levied on individuals and firms with income exceeding specific thresholds. It targets high-income earners to ensure they contribute a larger share of taxes compared to those with lower incomes.

For individuals earning more than ₹50 lakhs annually or firms earning over ₹1 crore, an income tax surcharge is applicable. The highest surcharge rate for income above ₹5 crores has been reduced from 37% to 25%, lowering the maximum marginal tax rate from 42.74% to 39%. This applies only under the new regime.

Additionally, under the new tax regime, income up to ₹12 lakhs is eligible for a tax rebate, meaning no taxes are payable for incomes below this threshold.


What is the Maximum Marginal Rate?

When a surcharge is added to income tax and other applicable levies, the total tax liability is referred to as the Maximum Marginal Rate. This rate represents the highest effective tax rate a taxpayer may face, including income tax, surcharge, and the health and education cess.

For individuals in the highest income bracket in India, this rate can reach up to 39%, reflecting the combined effect of these taxes. High-income earners must understand this rate as it defines the upper limit of their tax liability.


How is a surcharge levied?

One of the important points to be noted here is that the surcharge is levied as a percentage of taxes and not of income, whereas taxes are levied on income earned. Basically, we can say that a surcharge is a tax on tax.


What is the rate of surcharge for Different Taxpayers?

The surcharge is applicable to individuals, HUF, AOP, BOI and AJP -

  • A resident Individual aged less than 60 years
  • A resident Individual aged 60 years & above but less than 80 years (Resident senior citizen)
  • A resident Individual aged 80 years & above (Resident super senior citizen)
  • Non-resident individual
  • Hindu Undivided Family (HUF)
  • Association of Persons (AOP)
  • Body of Individuals (BOI)
  • Artificial juridical person (AJP)

Surcharge Rates for Individual/HUF/AOP/BOI/ Artificial Judicial Person

Net Taxable Income limit Under old tax regime Under new tax regime
Less than Rs 50 lakhs Nil Nil
More than Rs 50 lakhs ≤ Rs 1 Crore 10% 10%
More than Rs 1 Crore ≤ Rs 2 Crore 15% 15%
More than Rs 2 Crore ≤ Rs 5 Crore 25% 25%
More than Rs 5 Crore 37% 25%

Surcharge Rates for Domestic Company

Net Taxable Income limit Surcharge Rate on the amount of income tax under normal provisions Surcharge Rate on the amount of income tax us 115BAA or 115BAB
Less than Rs.1 Crores - 10%
More than Rs 1 Crore ≤ Rs 10 Crore 7%
More than Rs.10 Crores 12%

Surcharge Rates for Foreign Company

Net Taxable Income limit Surcharge Rate on the amount of income tax
More than Rs 1 Crore ≤ Rs 10 Crore 2%
More than Rs.10 Crores 5%

Surcharge rates for Firm/ LLP/ Local Authority

When the total income is more than Rs.1 crore, the surcharge is payable at the rate of 12% of the income tax computed.

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Frequently Asked Questions

Q- What is the difference between Surcharge and Cess?

Surcharge and cess are both extra levies over and above income tax. But, the basic difference between surcharge and cess lies in their rates, and calculation. On the basis of both, we can evaluate the said terms as

Revenue Sharing The surcharge is calculated on income tax and cess is applicable to income tax + Surcharge
Calculation The surcharge is calculated as per differential rates as explained above in case of individuals, companies and other assessees whereas Health and Education Cess is applicable at a standard rate 4% from the Financial Year 2018-19in case of all assessees.

Q- How are surcharge and cess calculated?

Surcharge:
A surcharge is an additional tax applied to the income tax you owe. It is calculated on the amount of income tax payable, not on your total income.

Cess:
A cess is a fixed-rate tax charged on top of other taxes, such as income tax and surcharge. In India, a 4% health and education cess is levied on the combined total of income tax and surcharge.


Q- What is the surcharge rate for TDS?

  • Resident Individuals and HUFs:
    No surcharge applies, irrespective of the payment amount.
  • Non-Resident Individuals and Firms:
    A surcharge of 15% applies if the payment exceeds ₹1 crore.
  • Non-Resident Companies:
    • Payments exceeding ₹1 crore and up to ₹10 crore: 2% surcharge.
    • Payments exceeding ₹10 crore: 5% surcharge.

Q- Can marginal relief be claimed by an individual?

Yes, marginal relief can be claimed by all persons or individuals who are eligible for a marginal relief.


Q- Is it mandatory to pay surcharge on income tax?

Yes. If your total income during a fiscal year is more than Rs.50 lakhs, then, you must pay an additional amount on the tax already owed.


CA Abhishek Soni

CA Abhishek Soni
Founder & CEO at Tax2win

Abhishek Soni is a Chartered Accountant by profession and an entrepreneur by passion. He has wide industry experience in telecom, retail, manufacturing, and entertainment and has handled various national and international assignments. He is the co-founder and CEO of Tax2win.in. Tax2win, an online tax filing platform, provides the easiest way to e-file your Income Tax Return in India. Through Tax2win.in, Abhishek endeavors to revolutionize how individuals file their income tax returns, offering a seamless and user-friendly experience.