Surcharge is an additional charge that is levied for individuals who earn a higher income. The surcharge on income tax is levied on the tax and not the income. There are different tax rates for different income slabs. There are also different categories that have a different quantum of surcharge percentage.
In India, The Finance Act 2013 brought the concept of surcharge on Income Tax for taxpayers on the basis of categorization. The Finance Act 2016 provides for increase in surcharge levies for FY 2016-17.
If the income exceeds Rs.50 lakh, a surcharge is applicable on the income tax paid for the popular category of taxpayers, subject to marginal relief. Surcharge will be billed after computation of income tax.
Let's look at the quantum of surcharge percentage applicable for various categories of taxpayers in India.
The table below provides details on tax rates for various income tax slabs for Assessment Year 2025-26:
Income Range | Surcharge Rate – Old Regime | Surcharge Rate – New Regime |
> Rs.50 lakh and < Rs.1 crore | 10% | 10% |
> Rs.1 crore and < Rs.2 crore | 15% | 15% |
> Rs.2 crore and < Rs.5 crore | 25% | 25% |
> Rs.5 crore | 37% | 25% |
In case the total income is more than Rs.1 crore, 12% of the income tax amount is the surcharge that is levied.
Net Taxable Income Limit | Surcharge Rate |
Above Rs.1 crore and up to Rs.10 crore | 2% |
Above Rs.10 crore | 5% |
Net Taxable Income Limit | Surcharge Rate under Normal Provisions | Surcharge Rate under Section 115BAA or 115BAB |
More than Rs.1 crore and up to Rs.10 crore | 7% | 10% |
Above Rs.10 crore | 12% | 10% |
The surcharge rates applicable vary, depending on the various factors such as the holding of the company/individual. Please note the surcharge levied is applicable on the income tax and not the income itself. To compute income tax liability, deduction under various heads would be taken into account before arriving at a figure on the basis of rate slabs.
This provision comes into picture when the increase in income tax liability is more than the actual increase in income. For example, let's take a scenario where a salaried individual who has declared an income of Rs.1 crore 1 lac, which has put him under the surcharge bracket as per the tax slabs. Due to change in slabs, his income tax liability will be more than the the increase in the income itself, a marginal relief on the surcharge payable kicks in.
In some cases, surcharge might need to be paid in case the individual’s income is slightly more than the limit. For such cases, marginal relief has been introduced. The main aim of marginal relief is to ensure that the surcharge that is levied is not more than the amount more than threshold.
Calculation of Marginal Relief
Individuals/HUF/Artificial Judicial Person/Association of Persons/Body of Individuals
Marginal relief is applicable if the individual’s income is above Rs.50 lakh.
Example:
Since the income of the individual is Rs.10,000 more than the threshold limit, the tax that must be paid has increased by Rs.1,21,800.
However, since the introduction of marginal relief, the calculation that is followed is mentioned below:
Companies
In case the total income of domestic companies is above Rs.1 crore and up to Rs.10 crore, 7% is the surcharge rate. For foreign companies, the surcharge rate is 2%. However, marginal relief is provided on the income that is higher is not more than the tax that must be paid on Rs.1 crore does not exceed Rs.1 crore.
LLP Authorities/ LLP/ Firms
In case the income is above Rs.1 crore, the surcharge rate is 12% on the tax amount that must be paid. However, marginal relief is provided on the income that is higher is not more than the tax that must be paid on Rs.1 crore does not exceed Rs.1 crore.
Yes, individuals can claim marginal relief.
As per the new tax regime, the updated surcharge rate is 25%. Earlier, it was 37%.
The income of the individual must be more than Rs.50 lakh for surcharge to be applicable.
Yes, it is mandatory to pay surcharge in case the income of the individual is more than Rs.50 lakh.
Yes, the surcharge rates are the same for FY 2023-2024 and FY 2024-2025.
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