Protect Your Start-up Funding from Angel Tax
What is Section 56(2)(viib) Exemption?
Section 56(2)(viib) of the Income Tax Act taxes start-ups if they issue shares at a price higher than the “fair market value (FMV).” This is commonly called “Angel Tax”, which often discourages investors.
To promote start-up funding, the government allows DPIIT-recognized start-ups to apply for full exemption from Angel Tax under Section 56(2)(viib).
This ensures that investments from resident investors, HNIs, and venture capitalists are not taxed as income.
Eligibility for Angel Tax Exemption
- Must be a DPIIT-recognized start-up
- Incorporated as a Private Limited Company (LLP/Partnership not eligible)
- Share capital + premium after issue should not exceed ?25 Crores (excl. certain investors like VCs, listed companies, Category I AIFs)
- Investors should be resident individuals or entities not engaged in blacklisted sectors
- The entity should not be investing in immovable property, loans, capital market instruments, etc. (restricted assets)
Key Benefits of Section 56 Exemption
- No Angel Tax Liability - Investments above FMV are exempted
- Attract More Investors - Removes tax uncertainty for angel investors
- Boost Valuation Flexibility - Issue shares at higher premium justified by growth
- Investor Confidence - Encourages resident investors & HNIs to fund start-ups
- Hassle-Free Compliance - Smooth fundraising without tax scrutiny
Documents Required
- DPIIT Recognition Certificate
- Certificate of Incorporation (CIN)
- PAN of Company
- Cap table (Shareholding structure)
- Board resolution for exemption application
- Valuation report (if applicable)
- Investor details & investment agreement draft
Our Package Includes:
- Eligibility check & advisory on 56 exemption
- Drafting & filing of exemption application with DPIIT & CBDT
- Assistance in preparing valuation reports to justify share premium
- Handling clarifications / queries from authorities
- End-to-end support till final Angel Tax Exemption Approval
Why Choose FinnovateAI?
- Trusted advisors for start-up funding & taxation
- Strong expertise in DPIIT, CBDT & IMB processes
- Valuation support from certified professionals
- Fast turnaround & transparent pricing
- Dedicated CA team to assist until approval
Process in 4 Simple Steps
- Add Service & Checkout at FinnovateAI.com
- Upload Documents (DPIIT, incorporation, investor details)
- Application Filing with DPIIT/IMB for exemption
- Approval Certificate – Raise funds without Angel Tax worries