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Budget 2012 –Not Bad!
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Not Bad !! I think that about sums up the reactions to the annual light and sound show – The Budget. Given the financial constraints under which the Government was operating, the market was expecting some big taxation measures. The increase in service tax and excise duty from 10% to 12% was more or less expected and the absence of any other significant taxes provided the sigh of relief. It will soon be back to business as usual.

If the Finance Minister sticks to his words, we are soon going to see an increase in fuel prices as well. So expect a general rise in prices due to the increased excise duties and service tax. This way a quick respite from inflation is unlikely and interest rates are unlikely to drop in a hurry.

The FM announced a deduction of upto Rs. 25,000/- for investment in a yet to be notified Rajiv Gandhi Equity Savings Scheme. This is probably a case of bringing back the equity linked savings scheme (ELSS) through the back door since the DTC is slated to remove ELSS from the list of eligible deductions. While the details of the scheme are awaited, there is a significant term “new retail investor” used in the speech which seems to point to the deduction being available to only individuals not yet investing in the equity markets, as well as the deduction being available only once in a life time. If such conditions are there in the scheme, then it is unlikely to have much of an impact.

A good announcement was setting up of the central registry for KYC requirements which should provide relief from the multiple and painful KYC process that investors have to go through every time they decide to invest in a new asset class or with a new intermediary.

The doubling of the limit for tax-free bonds makes it clear that this asset class is here to stay and will become increasingly important for the high tax paying individuals and corporate bodies.

But the biggest take away for me from the Finance Minister’s speech was the announcement of setting up of the Credit Guarantee Funds for ensuring flow of credit to consumers buying affordable homes and students for higher and vocational education. Finally, it has dawned on the government that what consumers are looking at is access to credit rather than cheap credit. This Credit Guarantee Fund makes the affordable home buyer and the students taking education loans  bankable and they may actually be perfectly willing to pay market rates for the loans. Let’s hope that these guarantee funds are capitalized adequately and are set up quickly. Moreover it is important that the process of providing guarantees to the banks/lenders is streamlined for these important sectors get a big boost.

On the Income tax front, there is a relief in terms of the re-adjustment of slabs which will lead to tax savings upto a maximum of Rs. 22,660/- for individuals earning more than Rs. 10 Lakhs. In another good move, the definition of senior citizen has been changed to 60 years (from 65 years) across most of the important purposes like higher exemption limit, higher deduction for health insurance premium, etc.

In another relief, a separate deduction for savings bank interest upto Rs. 10,000/- per year has been introduced. The interest rate on savings bank accounts have climbed to 5.50%-7% in some cases post deregulation.  This deduction will improve the return for individuals for temporary liquidity kept in savings bank accounts. This will also facilitate the scheme where an individual need not file income tax returns subject to certain limits.

In a blow the finance minister has not renewed the extra deduction of of Rs. 20,000/- available for Infrastructure bonds. The exemption for the maturity proceeds of life insurance policies will now be available only if the insurance cover is at least 10 times the yearly premium. Thankfully, the wordings seem to be clear that it will apply only to policies issued after April 1, 2012 and exemptions of existing policies till March 31, 2012 have been clearly protected. This is a step in the right direction (the DTC provides for minimum 20 times protection ) though the life insurance industry is unlikely to agree.

There is a rather convoluted clause providing exemption of capital gains arising from the sale of residential property, provided you invest the proceeds in a company that invests in plant and machinery. This is supposedly to provide a fillip to entrepreneurs who start a manufacturing unit after selling off residential property. The process seems to be quite convoluted so the impact of any such clause remains to be seen.

A sub-limit has been created for preventive health check up of Rs. 5,000/- within the existing limit for health insurance deduction.

The most regressive move is the requirement to deduct tax @ 1% from the sale consideration of high value properties (Rs. 50 lakhs in major cities) after October 1, 2012. This is clearly a move to check tax evasion rather than a tax collection tactic. This is logically not needed since the registrars are supposed to file an Annual Information Report with the tax department, giving full details of the high value transactions. Of course, the tax department has very little control over the registrars who are state government employees and they may be either not filing these returns on time or perhaps not filing at all. For this singular failure, look at the amount of complication that the Government is subjecting property buyers to.

An individual is required to deduct and pay this tax before the property can be registered and there is no provision for refund if the deal does not go through for any reason. Thankfully, the individual is not required to get a Tax deduction account number but he will need to file quarterly statements to the tax deduction officer. But if he delays in filing this statement, he is subjected to pay the fee of  Rs. 200 per day, additionally he may have to pay a penalty as well. Now most people approach their chartered accountants to file returns after the year has ended and which is when they will discover the requirement to file statements and the fee payable will be a massive Rs. 60,000 to Rs. 70,000 plus the chances of a penalty payable. The existing provision requiring purchasers to deduct tax at source where the seller of a flat is a NRI has already resulted in purchasers avoiding  buying a flat from a NRI. Instead of removing this irksome and painful process it has been tagged on for purchase from resident individuals as well.

Clearly a completely unworkable and regressive move considering the fact that  the tax information network was created to free us from such process. This provision will either be dropped even before its enactment or if it is enacted, it will be meeting the fate of Banking transaction tax or the fringe benefit tax and get dropped in a years time. Hopefully it will not get enacted at all since it will damage the demand in the already dampened real estate market.

 

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Posted in Car Loan, Education Loan, Fixed Deposit, Health Insurance, Home Loan, Life Insurance, Mutual Funds, Personal Loan, Provident Fund, Regulations, Small Savings, Taxation | Tagged | 2 Comments

Will RBI be forced to issue regulation on prepayment charges?
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Recently SBI and ICICI Bank have also announced that they are waiving pre-payment charges on floating rate home loans whereas Axis Bank anyways has not had pre-payment charges on floating rate home loans for some time now. This would seem to suggest that all floating rate loans have no exit charges now. But unfortunately things are not exactly what they seem.

We know that National Housing Bank (NHB) had stolen a march over its parent RBI in passing a regulation that pre-payment penalty cannot be charged by housing finance companies in case of loans that are on a floating interest rate basis irrespective of the source of such repayment (even if it is by way of transfer of loan to another lender). Since 95%+ of the borrowers have taken home loans on floating rate basis this will have a beneficial impact on all home loan consumers who have taken loans from Housing finance companies (like HDFC Ltd., LIC Housing Finance and Dewan Housing Finance Ltd. etc.). This will be especially useful for people who have taken these loans from these entities before 2010 who are paying interest rates as high as 12-14% even though new customers with similar profiles are given 10.50% – 11.25 % by the same lenders.

But unlike the housing finance companies where the regulator NHB ( National Housing Bank) has mandated that pre-payment charges cannot be levied on floating rate housing loans (irrespective of the source of such repayment) RBI which regulates banks is reluctant to issue such a regulation. RBI is instead leaning on the banks and nudging the industry association IBA to get an industry consensus on this matter. SBI (for all floating rate loans) and Axis Bank (for floating rate home loans only) had already moved to a no pre-payment charge regime even before RBI started leaning in favour of abolishing pre-payment charges. So far the only result from RBI’s behind the scenes pressure has been on ICICI which has announced that it will not charge pre-payment charges on floating rate home loans. Of course with ICICI coming on board (in addition to HDFC, SBI and LIC Housing Finance) it covers more than 70%+ of all outstanding home loans.

For those who came in late it is common practice in India for existing floating rate loan customers to pay interest rates far in excess of the rates paid by the new customers with similar risk profiles and for similar loans from the same bank. This has become the most significant consumer grievance and the pre-payment charges only creates an exit barrier for consumers to shift their loans to another lender who is willing to provide the loan for a much lower rate. Whilst various devices such as the Base Rate mechanism are being tested out to instill some degree of equality in treatment of existing consumers with new consumers there is now regulatory consensus that the exit barriers in terms of pre-payment charges payable to the existing lender needs to be removed.

The impact of not having an official regulation on pre-payment charges is twofold. Firstly it has so far had no impact on other PSU, private and foreign banks whose consumers continue to pay a pre-payment penalty when they shift their loan to another bank.

Secondly the concession continues to be narrowly targeted on only home loan consumers. ICICI and Axis bank for example continue to charge a pre-payment penalty on floating rate Car loans, Loan against property, etc. Obviously if the pre-payment penalty is unfair for home loan consumers the same logic applies equally to other floating rate loans as well. How could they escape regulator’s attention?

To sum it up, the impact of not having a regulatory framework for this requirement on which all lenders have shown reluctance only means that whilst the majority consumers may get the benefit other consumers who are either with the smaller banks or on other loan products will continue to suffer from the unfair treatment of existing consumers.

I think RBI has given more than enough time to the industry to come up with this on their own and in the face of the reluctance shown by remaining players, it will be forced to bring in an enforceable regulation in this regard sooner rather than later.

 

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Posted in Car Loan, Home Loan | Tagged , , , | 293 Comments