Thursday, September 24, 2020

All about Capital Gains Tax

You might have made some investment this year, which might yield you in the coming years. Or you might be getting off, of your past investment finding it to be no more rewarding in the current year. But is it so easy to escape, when you have invested for long term or gained some benefits out of your investment in its initial years? No, there’s huge compliance involved in admitting and withdrawing out of investments.

The Income Tax Act, 1961 guides for applicability of a Capital Gain tax, where any investor though holding any investment including any movable or immovable property receives any gain or profit out it during its holding period, at its resale, or at its maturity as the case may be. Capital gain tax is charged on the profits and gains realized by the investor on certain investments which the investor has to submit to the Income-tax department.

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Made cash transactions above Rs 2 lakh , you might receive a tax notice . Need support of our tax expert? Email us at support@taxgoal.in 

In this post you will get all basics about “ Capital Gains in Income Tax ” . Also you will get to understand “What compliances and provisions has been provided for Capital Gains in the Income Tax Act , 1961 ? .


About Capital Gains

Online ITR Filing in India , it is necessary to take care of reporting of profits and gains realized in the current year from past investments or fresh investments in the Income-tax return . As per Section 2 of the Income-tax Act 1961 , Capital gains include profit or gains received from transfer of capital asset. Capital Asset here refers to any property or security (in accordance with provisions of SEBI Act,1992 ) held by an assessee whether or not connected to his business or profession. Capital Assets are also classified on the basis of their holding period where assets:

  • Held for not more than 12 months are treated as short term capital assets.

  • Held for more than 12 months are treated as long term capital assets.

Capital Gains arise by way of transfer of any Capital Asset which can be either sale , exchange, acquisition, disposal or by any other way as prescribed in Section 2(47) and Section 47 of the IT Act.


Types of Capital Gains

Capital gains are generally classified on the basis of the holding period of the assets from the profit or gains has been realized. Income tax on Capital gains is computed after the transaction has been identified as a short term capital gain or long term capital gain.

Short Term Capital Gain : Capital Gains arising out of transfer of Short term Capital Asset like listed securities , zero coupon bonds, unlisted shares or immovable property held for not more than 12/ 24 months etc.

Long Term Capital Gain: Capital Gains arising out of the transfer of Long term Capital Asset like listed securities, zero-coupon bonds, unlisted shares, or immovable property all held for more than 12 /24 / 36 months as depending on the class of investment.

Tax Rate on Capital Gains

Tax Section

Gains

Rate

Exceptions

Section 111A

Short Term Capital Gain from Securities (where Security Transaction Tax is applicable )

15%

Securities

>Held as stock in trade

>STT is not applicable

>Held by FII (Foreign Institutional Investors )

Section 111A

Short Term Capital Gain from Securities (where Security Transaction Tax is not applicable )

As per tax slab rate of the taxpayer

N/A

Section 112

Long Term Capital Gain from Securities (Applicable on all securities whether listed or not  )

20%

> Gains from Mutual funds.

> Not applicable on NRIs

 

Section 112A

Long Term Capital Gain from Securities (Applicable on gains received for more than Rs 1 lakh and on all securities whether listed or not  )

10%

> Gains from Mutual funds.

> Not applicable on NRIs.

> Securities on which STT is not charged

> Securities held as stock in Trade

> Securities held by FII.

 


Computation of Capital Gains

Computation of Short Term Capital Gain

Computation of Long Term Capital Gain

Full Consideration Value / Realised Value

XXXXX

Full Consideration Value / Realised Value

XXXXX

Less : Cost of Acquisition

(XXXXX)

Less : Indexed Cost * of Acquisition

(XXXXX)

Less : Cost of Improvement (if any)

(XXXXX)

Less : Indexed Cost of Improvement (if any)

(XXXXX)

Less : Expenses incurred for Sale of Asset

(XXXXX)

Less : Expenses incurred for Sale of Asset

(XXXXX)

STCG

XXXXX

Less : Exemptions and Deductions (Section 54 etc)

(XXXXX)

 

 

LTCG

XXXXX


  • Indexed Cost of Acquisition : Cost of Acquisition X Cost inflation Index of the year of Acquisition

  • Indexed Cost of Improvement : Cost of Improvement X Cost inflation Index of the year in which Improvements made.

Indexation Value Chart Check Here

Exemptions on Capital Gains 

Exemptions

Section 54

No Capital gain on Sale of Residential property if new residential property is purchased & held for at-least 3 years after purchase or construction.

Section 54B

No Capital gain shall be charged if any long term asset is sold to purchase Agricultural land and is held for at least 3 years

Section 54F

No Capital gain shall be charged if new Residential property is purchased from Sale of long term capital asset

Section 54GB

No Capital gain shall be charged if any long term asset is sold to buy shares of an eligible company as provided under the section.

Section 54D

No Capital gain shall be charged if any long term asset is sold to buy building or land for industrial undertaking  

Section 54EC

No Capital gain shall be charged if any long term asset is sold to buy bonds redeemable after 5 years .

Section 54G

No Capital gain shall be charged if any long term asset is sold to buy any plant or machinery , any undertaking or setup SEZ in any rural area .

Section 54EE

No Capital gain shall be charged if any long term asset is sold to buy securities or funds notified by Central Government.


Need advisory on ITR Filing in India or Capital Gains ? Talk to our tax compliance expert at support@taxgoal.in