Tax Benefits for MSMEs: Understanding Key Amendments

MSMEs

Tax Benefits for MSMEs: Understanding Key Amendments

MSMEs

The implementation of Section 43B(h) in the Income Tax Act, 1961, from Assessment Year (AY) 2024-25, has introduced stricter payment compliance measures for businesses engaging with Micro and Small Enterprises (MSEs). This provision seeks to prevent delayed payments by disallowing expense deductions beyond specified timelines. Simultaneously, the MSMED Act, 2006, imposes interest penalties on overdue payments.

1. Section 43B(h): Payment Compliance for MSMEs

Introduced through the Finance Act, 2023, Clause (h) under Section 43B mandates that payments to MSEs must adhere to the following timelines to qualify for tax deductions:

  • No written agreement: Payment must be made within 15 days of receiving goods or services.

  • With a written agreement: Payment must be completed within 45 days.

Failure to comply results in expense disallowance for that financial year. The deduction is permitted only in the year of actual payment.

2. MSME Classification and Registration Requirements

Businesses must determine if their suppliers qualify as Micro or Small Enterprises under Udyam Registration to assess the applicability of Section 43B(h).

(A) Revised MSME Classification (Effective April 1, 2025)

CategoryPrevious Investment LimitNew Investment LimitPrevious Turnover LimitNew Turnover Limit
MicroUp to ₹1 croreUp to ₹2.5 croreUp to ₹5 croreUp to ₹10 crore
SmallUp to ₹10 croreUp to ₹25 croreUp to ₹50 croreUp to ₹100 crore
MediumUp to ₹50 croreUp to ₹125 croreUp to ₹250 croreUp to ₹500 crore

Note: Section 43B(h) is applicable only to Micro and Small Enterprises, excluding Medium Enterprises.

(B) Registration Verification

  • Udyam Registration Certificate: Required to confirm MSME status.

  • GST Registration: Essential to differentiate traders from manufacturers and service providers. Payments to traders registered under MSME are not covered under Section 43B(h).

3. Expense Disallowance: Key Factors to Consider

A payment will be disallowed if:

    1. The supplier is a registered Micro or Small Enterprise.

    2. The payment is overdue beyond 15/45 days.

    3. The expense was recorded in the Profit & Loss account in FY 2023-24 or later.

Additional Considerations:

  • Payments for MSME purchases that remain as closing stock will still be disallowed if delayed.

  • Payments made after March 31 but within the permitted timeframe will not be disallowed.

  • MSME benefits apply prospectively; transactions before MSME registration are not impacted.

4. Interest Liabilities for Delayed Payments

Under Section 16 of the MSMED Act, overdue payments attract interest at a rate three times the RBI-notified bank rate, compounded monthly. Even if the supplier waives the interest, the liability remains.

Tax Treatment: Interest paid or payable under Section 16 is non-deductible under the Income Tax Act (Section 23, MSMED Act).

5. Compliance & Financial Reporting Obligations

(A) Financial Statement Disclosures (As per Section 22, MSMED Act)

Businesses must include the following details in their financial statements:

  • Unpaid principal and accrued interest at the end of the year.

  • Interest paid on delayed payments during the year.

  • Accrued but unpaid interest.

  • Future interest liability, if applicable.

(B) Tax Audit Report (Form 3CD) Compliance

  • Clause 22 of Form 3CD requires businesses to disclose outstanding MSME dues.
  • The amount disallowed under Section 43B(h) must be reported separately.
MSMEs

6. MSMED Act vs. Section 43B(h): A Comparative Analysis

CriteriaMSMED ActSection 43B(h), Income Tax Act
ApplicabilityMicro & Small EnterprisesMicro & Small Enterprises
Payment Due Date15/45 daysSame as MSMED Act
Interest on Delay3X RBI Bank Rate (compounded monthly)No interest under IT Act
DisallowanceNot applicableExpense disallowed if delayed
Interest DeductibilityNot deductible (Sec 23)Not deductible

7. Best Practices for Businesses to Ensure Compliance

  • Confirm MSME status of suppliers before recording transactions.

  • Ensure timely payments within 15/45 days to avoid tax disallowance.

  • Maintain accurate records of MSME dues for financial statements and audits.

  • Recognize and disclose interest liabilities on overdue payments.

8. Conclusion: Adapting to the New MSME Payment Norms

  • Section 43B(h) is in effect from AY 2024-25, restricting tax deductions for delayed payments to MSEs.

  • Traders registered as MSMEs are excluded—only manufacturers and service providers are covered.

  • Interest on overdue payments (3X RBI rate) is mandatory and non-deductible under the MSMED Act.

  • Accurate disclosures in financial statements and tax audits are essential for compliance.

By adhering to these regulations, businesses can mitigate tax liabilities, avoid penalties, and maintain strong relationships with MSME suppliers while ensuring seamless financial operations.

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MSMEs in India: Harnessing Growth through Recent Tax Reforms

MSMEs

MSMEs in India: Harnessing Growth through Recent Tax Reforms

MSMEs

Micro, Small, and Medium Enterprises (MSMEs) form the backbone of India’s economy, contributing significantly to employment, innovation, and economic development. With over 63 million enterprises, MSMEs account for nearly 30% of the country’s GDP and over 45% of total manufacturing output. Their role in fostering entrepreneurship, reducing regional disparities, and strengthening exports is crucial. However, they face persistent challenges, including restricted access to finance, inadequate infrastructure, and regulatory complexities. To address these issues, the Indian government has introduced various tax reforms aimed at simplifying compliance, reducing tax liabilities, and promoting formalization.

Understanding MSMEs and Their Classification

As per the Micro, Small & Medium Enterprises Development (MSMED) Act, 2006, MSMEs are categorized based on their investment and turnover:

  • Micro Enterprises: Investment up to ₹1 crore and turnover up to ₹5 crore.

  • Small Enterprises: Investment up to ₹10 crore and turnover up to ₹50 crore.

  • Medium Enterprises: Investment up to ₹50 crore and turnover up to ₹250 crore.

The Purpose of Tax Reforms

Tax reforms involve significant modifications to tax structures, regulations, and administrative frameworks. Their primary objectives include:

  • Enhancing Revenue Generation: Broadening the tax base ensures sustainable revenue for public services and infrastructure.

  • Boosting Economic Growth: Lower tax rates and incentives encourage business expansion and investment.

  • Ensuring Fair Taxation: Adjusting brackets and deductions promotes an equitable system.

  • Simplifying Compliance: Reducing administrative burdens for businesses and tax authorities.

  • Encouraging Voluntary Compliance: A transparent and efficient tax system increases adherence.

  • Adapting to Market Changes: Tax policies evolve to reflect economic and technological advancements.

Key Tax Reforms and Their Impact on MSMEs

1. Goods and Services Tax (GST) Implementation (2017)

GST replaced multiple indirect taxes, streamlining the tax structure and eliminating cascading effects. However, frequent regulatory changes, compliance costs, and the need for digital adoption pose challenges for MSMEs.

2. Corporate Tax Reduction (2019)

The reduction of corporate tax rates from 30% to 22% for existing firms and 15% for new manufacturing businesses has enhanced cash flow, allowing MSMEs to reinvest in growth and competitiveness.

3. Presumptive Taxation Scheme (Section 44AD)

MSMEs with an annual turnover of up to ₹2 crore can declare income at a fixed rate (8% for cash transactions and 6% for digital transactions). This scheme reduces compliance efforts by eliminating detailed bookkeeping and audit requirements.

4. Higher GST Registration Threshold

The GST exemption limit was increased from ₹20 lakh to ₹40 lakh for goods-based businesses, relieving many MSMEs from mandatory registration. For service providers, the threshold remains at ₹20 lakh.

5. Udyam Registration and Financial Support

Launched in 2020, Udyam Registration simplifies MSME registration, enabling access to tax benefits and priority sector lending, thereby improving financial stability.

6. Incentives for Digital Transactions

Eligible start-ups receive a tax holiday for three years within their first ten years of incorporation. Angel tax exemptions further support funding and expansion.

7. Start-up Tax Exemptions (Section 80-IAC)

Eligible start-ups receive a tax holiday for three years within their first ten years of incorporation. Angel tax exemptions further support funding and expansion.

Challenges MSMEs Face Due to Tax Reforms

Despite the benefits, certain tax policies present hurdles for MSMEs:

1. GST Compliance Burden

Frequent filing requirements, complex Input Tax Credit (ITC) regulations, and fluctuating tax rates increase compliance costs, necessitating advanced accounting systems.

2. Mandatory Tax Audits

Businesses with turnovers exceeding ₹1 crore (₹5 crore for digital transactions) that do not opt for presumptive taxation must undergo audits, raising administrative and financial burdens.

3. Complex TDS Regulations

MSMEs are required to deduct and remit Tax Deducted at Source (TDS) on various payments, increasing compliance efforts and potential penalties.

4. Input Tax Credit Restrictions

MSMEs struggle with ITC claims due to non-compliant suppliers, impacting working capital and liquidity. Delayed GST refunds further strain cash flow.

MSMEs

5. Challenges with Angel Tax and Valuation

Start-ups attracting funding above fair market value may face angel tax liabilities, complicating valuation and discouraging investors.

6. Vendor Compliance Under Section 206AB

MSMEs must verify vendor tax compliance before making payments. Failure to do so results in higher TDS deductions, increasing financial strain.

India’s taxreforms have reshaped the MSME landscape, offering both opportunities and challenges. While measures such as GST, corporate tax reductions, and presumptive taxation simplify compliance and support business growth, regulatory complexities remain. To maximize benefits, continued government support in the form of simplified tax structures, enhanced digital infrastructure, and improved financial access is crucial. By effectively adapting to evolving tax policies and leveraging available incentives, MSMEs can strengthen their position in India’s dynamic economic environment.

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Latest Tax Incentives for Startups & MSMEs in 2025

MSMEs

Latest Tax Incentives for Startups & MSMEs in 2025

MSMEs

The Indian government continues its commitment to fostering entrepreneurship and supporting the growth of Micro, Small, and Medium Enterprises (MSMEs). The Union Budget 2025 introduces a range of tax benefits and incentives aimed at reducing financial burdens and encouraging business expansion. This article explores the latest tax incentives designed to support startups and MSMEs in 2025.

1. Extended Tax Exemption for Startups

To further promote innovation and new business ventures, the government has extended the income tax holiday for eligible startups under Section 80-IAC for another year. Startups incorporated until March 31, 2026, can avail themselves of a 100% tax exemption on profits for any three consecutive years within the first ten years of operation.

2. Lower Corporate Tax for MSMEs

Recognizing the importance of small businesses in industrial growth, the government has lowered the corporate tax rate for newly established domestic manufacturing MSMEs. These businesses can now benefit from a reduced tax rate of 15%, down from the standard 25%, thereby lowering the tax burden and promoting industrial expansion.

MSMEs

3. Increased Limits for Presumptive Taxation

To simplify tax compliance for small businesses and professionals, the government has raised the presumptive taxation limits under Sections 44AD and 44ADA:

  • Businesses: Threshold increased from ₹2 crore to ₹3 crore.
  • Professionals: Threshold raised from ₹50 lakh to ₹75 lakh.

This change reduces compliance costs and eases the tax filing process for eligible entities.

4. Enhanced Tax Benefits for Investors

To attract more investments into startups and MSMEs, the government has introduced new investment-friendly measures:

  • Extended capital gains tax exemption (Section 54GB) for investments in eligible startups.
  • Tax rebates for angel investors and venture capitalists funding early-stage startups, fostering a stronger investment ecosystem.

5. Simplified GST Compliance

To ease GST-related burdens, new relaxations have been introduced:

  • Businesses with a turnover of up to ₹5 crore can now file quarterly GST returns instead of monthly filings.
  • Simplified input tax credit (ITC) procedures to improve compliance.
  • Waivers on late fees and penalties for delayed GST filings, reducing the financial strain on small businesses.

6. Tax Perks for Digital & Sustainable Startups

To support digital transformation and sustainable business practices, startups in specific industries receive additional tax benefits:

  • Special tax deductions on research and development (R&D) expenses for green technology and AI-driven businesses.
  • Reduced tax rates for startups in renewable energy, electric mobility, and climate-related sectors, encouraging sustainable business solutions.

7. Better Loan Accessibility & Credit Support

Access to credit has been further facilitated for MSMEs through various initiatives:

  • Increased funding for the Credit Guarantee Fund Trust for Micro and Small Enterprises (CGTMSE), enhancing financial support.
  • Lower interest rates on business loans under priority sector lending programs.
  • Tax relief on interest paid on business loans, making borrowing more affordable for entrepreneurs.

The 2025 tax reforms offer significant relief to startups and MSMEs by reducing financial constraints, simplifying compliance, and encouraging investment. Entrepreneurs should leverage these new incentives to optimize their tax planning and accelerate their business growth. By utilizing these schemes, startups and MSMEs can strengthen their financial standing and contribute to India’s economic progress.

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