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January 28, 2024 / Direct Tax

HNI turn to LLP for tax optimization

Online utility of Traces(TDS), income tax, GST, ESI, PF

HNI turn to LLP for tax optimization

HNIs & Super Rich (Ultra HNIs) people have discovered a clever method to cut their taxes. HNIs can lower their tax liability with the use of tax planning tactics.

Experts say that HNIs & Super Rich (Ultra HNIs) are creating LLPs more often in an effort to minimise their tax obligations. LLPs are a desirable option for tax planning since they provide a special benefit that allows HNIs to pay tax optimisation.

LLPs differ from other business forms in that they are liable to a tax rate of 34.94% on their entire income. A salient characteristic of limited liability partnerships (LLPs) is their profit distribution exemption from taxation, hence imposing a single tax layer. When HNIs & Super Rich (Ultra HNIs) decide to register their interests under an LLP, this feature is critical in mitigating their tax liability.

HNIs are increasingly using LLPs more frequently as a seductive tax planning tool to deliberately reduce their tax liabilities. High-net-worth individuals benefit from a unique advantage that helps them reduce their tax burden through Limited Liability Partnerships, which utilise favourable tax status and single-layer taxes.

Comparing to higher individual tax rates paid by HNIs who are in the highest tax bracket, Limited Liability Partnerships pay a flat tax rate of 34.94% on their whole income, which is a significant advantage. Furthermore, limited liability partnerships’ divided profits are not subject to double taxation, which means that there is only one tax layer as opposed to the two that corporations commonly face.

Due to its advantageous tax structure, HNIs & Super Rich (Ultra HNIs)  looking to lower their tax liabilities are increasingly selecting Limited Liability Partnerships. HNIs can effectively reduce their overall tax liability by using LLPs. This significant tax rate differential highlights the possible tax benefits that high-net-worth individuals might receive by investing through Limited Liability Partnerships.

HNI’s are increasingly using LLP’s due to their rising awareness of the benefits of limited liability partnerships, including its favourable tax treatment and ability to effectively reduce tax liabilities. Experts emphasise that implementing these tax planning strategies complies completely with the legal limitations imposed by the government.

IFCCL said that “Limited Liability Partnerships provide High-net-worth individuals especially those with higher incomes, with a tax-efficient structure. “Compared to other business structures, the lower tax rate & Single-layer taxation provide a significant advantage”.

High net worth individuals are contemplating the strategic migration of their family offices to low-tax countries such as GIFT City outside of India, with the aim of optimising investment returns. Family Investment Funds (FPIs), which were founded in GIFT City, are eligible for permissive exchange control regulations and 10-year tax exemptions, enabling flexible fundraising and foreign investment options.

Furthermore, a few jurisdictions that are easily accessible from India have low or no personal income taxes, which attracts high net worth individuals who want to lower their tax liability.

LLP’s and the thoughtful relocation of family offices are becoming well-known options for attaining tax efficiency and optimising investment returns as high-net-worth individuals search for novel ways to minimise their tax obligations. High-net-worth individuals can improve their financial well-being and efficiently lower their overall tax burden by utilising these tactics.

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