Short Term and Long Term: by - Chaksh Sharma
Short Term and Long Term: by - Chaksh Sharma
Short Term and Long Term: by - Chaksh Sharma
By - Chaksh Sharma
Capital Gain
Any profits or gains arising from transfer of a capital
asset effected in previous year shall be chargeable to
income tax under the head “capital gains”
1. Income arise from transfer of asset
2. In previous year
By - Chaksh Sharma
Capital Asset
1. Property of any kind
2. Any security held by a Foreign Institutional Investor
(FII) which has invested in such security in
accordance to regulations of SEBI
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Capital Assets - Types
Short term
Held by assessee for not more than 24 months
immediately preceding the date of transfer
In case of shares ( equity or preference) listed in any
recognised stock exchange, period is 12 months
Long term
Held by assessee for more than 24 months immediately
preceding the date of transfer
In case of shares ( equity or preference) listed in any
recognised stock exchange, period is more than 12
months
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Calculation
Short term capital gain (STCG)
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Calculation
Long term capital gain (LTCG)
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Cost Inflation Index
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By - Chaksh Sharma
Period of holding
Starts from day asset is acquired and ends the day it is
sold or transferred
But can be different in following:
Shares held in a company in liquidation
Capital asset acquired by gift, will, succession etc
Shares in Indian amalgamated company
Shares acquired in Indian resulting company
Sweat equity shares
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Cost of acquisition
a) Assets acquired without paying any price
Cost at which it is acquired by previous owner plus (+)
cost of improvement less (-) depreciation
b) Shares of amalgamated company
Cost of amalgamated company
c) Depreciating assets
Calculate STC gain or loss
d) Advance money
To be adjusted out of cost of acquisition
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Cost of acquisition
e) Cost is unascertainable
FMV on date of acquisition
f) Option of FMV on 1-4-81 (Now 2001)
It will be cost of acquisition for all purposes
g) Cost of shares
Cost of acquisition will be the cost at which original
shares were acquired
h) Cost of bonus shares and on renunciation of right
shares
W.e.f. 1-4-95 it is to be taken as Nil
From 1st April , 2017 FMV on 1-4-2011 is to be
considered
By - Chaksh Sharma
Exempted capital gains
1. Income from sale of shares in certain cases
Long term capital asset ( more than 12 months)
Not after 1-1-2017
2. Any income from long term capital asset being self
cultivated urban agricultural land on compulsory
acquisition
3. Long term capital gain on transfer of securities covered
under Securities Transaction Tax ( not after 1-1-2017)
4. Income from transfer of asset of an undertaking engaged
in business of generation, transmission or distribution of
power
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Exempted capital gains
5. Sale of residential house property ( asset is long term) if
invested in -
i. Purchase of another house within one year before or two
years after the sale
ii. Construction of another house within 3 years after the sale
6. Sale of self cultivated agricultural land
If reinvested in purchase of another land within 2 years of
sale
7. Compulsory acquisition of capital assets used for 2 years
If reinvested in purchase of another land or building within
3 years of sale. New asset can not be sold for 3 years
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Exempted capital gains
8. Gain from bonds issued by NHAI or NRECL should
be reinvested within 6 months
9. Sale of any long term capital asset
Purchase of another house within one year before or
two years after the sale
10. Transfer of assets due to shifting of factory from
urban to non urban areas
Purchase of machinery, land or building within one
year before or two years after the sale
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Exempted capital gains
11. Transfer of assets of an industrial undertaking due to
shifting of factory from urban area to SEZ
12. Long term gain on transfer of a residential property
if net consideration is invested in the equity shares of
an eligible company w.e.f. AY 2013-14 upto AY 2017-18
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Treatment of capital loss
Set off
STCL can be set off from STCG or LTCG
LTCL can be set off from LTCG
Carry forward
For 8 succeeding previous years
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Tax on capital gains
a) Total income shall be divided in 3 parts
i. STCG on shares (subject to STT)
ii. LTCG on all assets except on shares
iii. Balance total income
b) On STCG on shares (subject to STT) – 15%
c) LTCG on all assets except on shares – 20% with
indexation or 10% without indexation (10% of shares
when capital gain is more than Rs. 1 Lakh)
d) On balance total income at scheduled rates
e) In case balance total income is less than exemption limit
of ₹250000 then the difference shall be adjusted from
LTCG if its not there then STCG and balance capital gain
will be taxed at prescribed rates
By - Chaksh Sharma