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Startup & Business

Angel Tax (Section 56(2)(viib))

Tax on share premium received by unlisted companies from investors above fair market value.

Full Definition

Angel tax refers to income tax levied under Section 56(2)(viib) on the amount received by unlisted companies from investors in excess of the Fair Market Value (FMV) of shares. The excess over FMV is treated as 'income from other sources' and taxed at 30%. This disproportionately affected early-stage startups where valuations are subjective. DPIIT-recognised startups are exempt from this provision. Non-DPIIT startups need to get FMV certified by a SEBI-registered merchant banker (for equity) or CA (for preference shares).