Libertatem Magazine

Startup India: A Big Boost to the Indian Startups

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A startup company or a start-up is an entrepreneurial venture or a new business in the form of a company, a partnership or a temporary organisation which is designed to target those services and products  which they believe are in demand and would pace up the  process of development. Some of India’s most successful startups include Flipkart, Ola, PayTm, Quickr, Zomato, etc. India is ranked third in global startup ecosystem. However, experts estimate that nearly 90% of start-ups fold up in the first two years of their inception for lack of funding support.

Funding has always been a major concern of the startups. Their resources mostly come from seed-funding and angel investors who provide the bulk of the investment for the initial market research and product development till there is a steady cash-flow from  business. According to the present provisions under the law, capital raised by an unlisted company from any individual against an issue of shares in excess of the fair market value is taxable as “income from other sources” under Section 56 (2) of the Income Tax Act, 1961. The Finance Act,, 2013 imposed tax on seed capital which was provided to startups by domestic angel investors. Thus, start-ups’ raising money through  angel investors is deprived of 33 per cent of its initial investment as tax. “Raising initial rounds of funding is difficult for any company. The tax creates an unnecessary burden on start-ups,” said a co-founder of the Gurgaon-based Rocket Internet. As a result, a sizeable number of start-ups moved to Singapore and the UK where such taxes are milder.

The tax provision in question treats infusion of funds by domestic angel investors as income in the hands of the start-ups, thereby making India the only country in the world to penalize local angel investors in such a manner. Senior government officials working on the Startup India Action Plan said, “tax is one of the key reasons that 90 per cent of Indian start-ups are financed by foreign venture capital and angel funds. We have decided to iron out many of the regulatory issues that are deterring access to finance for start-ups and forcing them to look overseas for funding. We are definitely keen to do away with the tax provisions that characterize angel investments into a new venture as the investee company’s income, thus taking away roughly 30 per cent of the investment from the start-up’s cash flow as it is taxed.”

To ameliorate the present scenario, Prime Minister Narendra Modi launched the Startup India Plan on January 16, 2016 to facilitate startups in India, announcing a string of concessions and programs to encourage fledgling enterprises. Addressing a crowd of budding entrepreneurs, Mr. Modi announced an action plan that would boost the innovative and creative ventures of the nation which would in the long run, not only solve India’s biggest problems but would also contribute in employment generation and wealth creation. Some of the important features of the Startup India plan include:-

  • Self certification based compliance system in respect of 9 labour and environment laws introduced for start-up business.
  • No inspection for 3 years of start-up businesses in respect of labour, environment law compliance post self-certification.
  • 80% reduction in patent filing fee and fast-track mechanism for start-up patent applications. Also, a panel of legal facilitators for startups to file IP (patents, designs, trademarks) with costs borne by government.
  • 500 crore per year credit guarantee for the next four years
  • A dedicated fund of Rs.10,000 crore corpus to backup the startups
  • Start-ups to get 3 year Income Tax holiday
  • Capital gains tax to be exempted for venture capital investments
  • Faster exit for Startups within 90 days
  • Relaxed norms of public-procurement for startups. No requirement of turnover or experience, but no relaxation in quality.
  • Rolling out of a Mobile App & Portal – registering a start-up in 1 day on a Mobile App.
  • 5 lakh schools and 10 lakh students to be involved in core innovation programmes. National and international startup festivals to provide visibility.
  • Atal Innovation Mission (AIM) for promotion of research and development including 500 tinkering labs, 35 public-private sector incubators, 31 innovation centres at national institutes, 7 new research parks, 5 new bio-clusters.
  • A Startup India hub – a single point of contact for interactions with the government.

Tax exemptions on investments above fair market value include exemption available to venture capital funds to invest in startups above fair market value (FMV), investments made by incubators above FMV shall also be exempted. Tax exemption on capital gains means, exemptions shall be given in case capital gains are invested in  funds recognized by the government. Funding support for the development and growth of innovation driven enterprises, the Government will set up a fund with an initial corpus of INR 2500 cr and a total corpus of INR 10000 cr over a period of 4 years.

Intending to provide a major boost to the India’s start-up world, the Finance Minister of India, Mr. Arun Jaitley said that, the country will finally come out of the conventional license raj system and act as a key facilitator for the entrepreneurial spirit in the country. For the startups looking to raise funds at the initial stage, the Government will in the next Budget scrap the tax on seed funding by angel investors, which has been identified as a major impediment for entrepreneurs to get domestic funds.

The Plan has been widely acclaimed  by a host of the nation’s top entrepreneurs. Nidhi Agarwal, CEO & Founder, said, “Startup India has been a very motivating event that has brought to the fore the power of India’s startup ecosystem.”  Rohan Bhargava, Co-founder, said, “Increased access to funding was a key expectation from this Plan and the Rs 10,000 Fund of Funds corpus is likely to be a huge support for startups.”  Shamit Khemka is the regional director of Entrepreneurs’ Organization, South Asia, CEO & founder of an IT company – SynapseIndia, and Co-founder of a food portal – Foodcloud, stated, “What Mr Modi rightly pointed was that entrepreneurs are scared of government interference, which will change as there will be less interference and more support. The self-certification is a great example of less interference and the capital gains and income tax exemptions along with the startups fund of funds a great example of support.” Radhika Aggarwal, Co-founder & CBO, Shopclues stated her approval by stating, “The policies around cleaning the license raj will be a huge booster for Startup community while both setting up and dissolving a company. Other initiatives such as tax benefits, easy IPR regulations, and government academia will go a long way in making India’s startup ecosystem super successful.”

The Startup India Plan is undoubtedly a grand initiative on the part of the Government to build a strong ecosystem for nurturing innovation with a view to driving sustainable economic growth and generating large-scale employment opportunities. India, with a rapidly growing number of Internet users is seen as the world’s largest growing startup hotspots. It is believed that the initiative would check the increasing brain drain of the country and the monopoly of foreign investors. Though most of the points mentioned in the Plan require  approval to be implemented, but it at least shows that the Government  understands the needs of the entrepreneurs. While the promises made in the Plan are quite comprehensive and distinctly target  overall success of the startups, its success shall mostly depend upon matching policies formed and accepted by the administration. However, it is a major step towards revolutionizing the startup scenario in India.

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