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. CAPITAL GAINS. UNDER INDIAN INCOME TAX ACT 1961 (Amended - Finance Act. 13). CHARGEABILITY U/S 45.
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. CAPITAL GAINS UNDER INDIAN INCOME TAX ACT 1961 (Amended - Finance Act. 13)
CHARGEABILITY U/S 45 Any profit or gain arising from the sale or transfer of a Capital Asset is chargeable to tax under the head “capital gains”. It is deemed to be income of the previous year in which transfer of capital asset takes place. Besides above, Capital Gain also arise under certain specified circumstances viz (i) Conversion of Asset in to Stock in Trade (ii) Transfer of an Asset by a person into a firm/AOP/BOI in which he is partner. (iii) Distribution of Asset on dissolution of Firm. (iv) Compulsory Acquisition of an Asset. (v) Assets received on liquidation of company by shareholder. (vi) Receipt of money or asset from an insurer on account of damage of Capital asset.
“CAPITAL ASSET” “Capital Asset” is defined to include property of any kind, whether fixed or circulating, movable or immovable, tangible or intangible. The following assets are however, excluded from the definition of “Capital Assets” Any Stock-In-Trade, Consumable stores or raw material held for the purpose of business or profession. Personal effects of the Assessee, movable property including wearing apparel and furniture held for his personal use or for the use of any member of his family dependent upon him( Jewellery, archeological collections, drawings, paintings, sculptures, or any work of art are treated as capital asset even though it is meant for personal use of the Assessee)
“CAPITAL ASSET” Agricultural land in India provided it is not situated:- a) in any area within the jurisdiction of a municipality or a cantonment board having population of 10,000 or more or; b) within specified distance from local limits of municipality or containment board (called urban Areas) Specified Distance measured Aerially shall be (Applicable w.e.f A.Y 2014-15) In case of municipalities having population more than 10000 and upto 1 lac 2km In case of municipalities having population more than 1 lac and upto 10 lac 6 km Municipalities having population more than 10 lac 8 km Upto A.Y 2013-14 the specified distance as notified in Notification No. 9447 dt. 06.01.94 but not more than 8 km from muncipal limits. 6 ½ per cent Gold Bonds, 1977 or 7 Percent Gold Bonds, 1980 or National Defence Gold Bonds, 1980 issued by Central Government. Special Bearer Bonds, 1991 and Gold Deposit Bonds Issued under Gold Deposit Scheme, 1999.
TRANSFER OF CAPITAL ASSET Transfer, in relation to a Capital Asset, includes Sale, Exchange or Relinquishment of the asset or the Extinguishment of any rights therein or the compulsory acquisition thereof under any law. Reduction of Share Capital by reducing face value amounts to extinguishment of rights. Maturity of Zero Coupon Bonds. Redemption of Preference Share amounts to Relinquishment of rights. Conversion of Capital Asset into Stock-In-Trade of a business carried on by the Assessee amounts to transfer of Capital Asset.
EXEMPT - TRANSFERS Distribution of assets in kind by company to its shareholders on its liquidation Any distribution of capital asset in kind by a Hindu Undivided family to its members at the time of total or partial partition. Any distribution of capital asset under a gift or will or an irrevocable trusts Any transfer of capital asset by holding wholly owned subsidiary to Holding company or vice versa. Any transfer under scheme of Amalgamation, demerger, Transfer of Capital Assets under Reverse Mortgage Scheme.
Year of taxability in case of Immovable Property. Where the transfer is by way of allowing possession of an immovable property in part performance of an agreement to sell, capital gain shall be deemed to be arisen in the year in which such possession is handed over. If the transferee already holds the property under sale, before entering into agreement to sell , the year of taxability of capital gain is the year in which the agreement is entered into.
TYPES OF CAPITAL ASSET Short-Term capital asset means a capital asset held by an Assessee for not more than 36 months immediately prior to its date of transfer. However, in the following cases, an asset, held for not more than 12 months, is treated as short-term capital asset:- Equity Shares & Preference Shares Securities (Debentures, Government Securities) if listed in a recognized stock exchange Units of UTI or Mutual Fund Zero coupon bonds An asset other than short term capital asset is regarded as long term capital asset
Full value of consideration This is the amount for which a capital asset is transferred .It may be in money or money’s worth or combination of both. In case of transfer of any land or building or both, held as a capital asset is less than the value adopted or assessed by the stamp valuation authority for the purpose of payment of stamp duty, the value so adopted or assessed shall deemed to be full value of consideration Where the assessee claims that the value adopted or assessed for stamp duty purposes exceed the fair market value, and he has not disputed the same in any appeal or revision ,the assessing officer may refer the valuation of the relevant asset to the valuation officer and then the assessing officer shall take the value determined by the valuation officer or the value adopted for stamp duty purposes ,which ever is less (Section 50C)
W.E.F 01.04.2014 A.Y 14-1543CA Similar to Sec. 50C Where consideration received or accruing as a result of the transfer by an assessee of an asset(other than Capital Asset) being land and building or both is less than the value adopted or assessed by any authority of a State Government for the purpose of payment of stump duty, the value so adopted or assessed shall be deemed to be the full value of consideration received or accruing as a result of such transfer for computing profits and gains from transfer of such asset.(section 43CA) . Further, where the date of agreement fixing value of consideration for transfer of asset and date of registration of such transfer of asset are not the same, the value of stamp valuation as on date of agreement to be considered. Further, it applies only where the amount of consideration or a part thereof has been receive d by any mode other than cash on or before the date of agreement for transfer of asset.
Cost of Acquisition Where capital asset became property of the assessee before 1.4.1981, he has the option to adopt the fair market value of the asset as on 1.4.1981 as its cost of acquisition Where the asset was not originally purchased by the assessee but passed on to him under partially partition of HUF, transfer under gift or will or by succession, inheritance, distribution of asset on dissolution of a Firm, AOP, BOI , or liquidation of company ,transfer to a revocable or irrevocable trust the cost of acquisition in the hands of assessee shall be the cost for which the previous owner acquired that asset.
New Sec. 50D w.e.f 1.4.13 Where the consideration received or accruing as a result of the transfer of a capital asset by the assessee is not ascertainable or cannot be determined then fair market value of the said asset on the date of transfer shall be deemed to be full value of consideration.
Forfeiture of Advance money Received in In fructuous Negotiations for Transfer Where there were any negotiations for transfer of an asset, and any advance or other money was received by the vendor and same was retained and forfeited by him on the negotiation becoming in fructuous ,for any reason the amount so forfeited shall be deducted from the ‘cost of acquisition ’of that asset in commuting the capital gains arising on the effective transfer of that asset.
INDEXATION SITUATION – 1 If Capital Asset is acquired by the Assessee before 1st April 1981
INDEXATION SITUATION – 2 If Capital Asset is acquired by the Assessee on or after 1st April 1981
Rates of Tax on Capital Short –term Capital Gains are included in the gross total income of the assessee and after allowing permissible deductions ,the total income is subject to tax at the slab rates applicable to Assessee ,however short term capital gains from transfer of equity shares/units of an equity –oriented mutual fund ,subjected to security transaction tax ,shall be taxable at a flat rate of 15% and deductions shall not be allowable against such short term capital gains (Section 111A) Long term Capital Gains are subject to a flat rate of tax@20% however ,in respect of long term capital gains arising from transfer of listed securities ,units of mutual fund/uti or zero coupon bonds ,tax shall be payable @20% of the capital gain computed after allowing indexation benefit or @10% of the capital gain computed without giving the benefit of indexation ,which ever is less.
Capital Gains Exempt u/s 10 Capital Gain on Compulsory Acquisition of Urban Agriculture Land u/s 10(37) provided following conditions are satisfied:- 1. The Assessee is an Individual or a HUF. 2. He or it owns an agriculture land situated in urban area mentioned in section 2(14)(iii)(a)/(b) 3. There is transfer of the agriculture land by way of compulsory acquisition or the consideration for transfer is approved or determined by the Central Government or RBI 4. The Agriculture land was used by the Assessee (and/or his parents if the land was owned by an individual) for agricultural purposes during 2 years immediately prior to the date of transfer
Capital Gains Exempt u/s 10 Long Term Capital gain on Transfer of Securities not Chargeable to tax in cases covered by Transaction Tax U/s 10(38) provided following conditions are satisfied:- 1. Taxpayer is an Individual, HUF, Firm or Company or Any other taxpayer. 2. The asset which is transferred is a long-term capital asset. 3. Such asset is equity share in a company or units of equity oriented mutual fund. 4. At the time of transfer, the transaction is chargeable to Securities Transaction Tax. 5. Else Short Term Capital Gain is Taxable u/s 111A @ 15% plus Surcharge plus Education Cess
Capital Gains Accounts scheme ,1988 The scheme is open to all tax –payers who wish to claim exemption u/s 54,54B,54D,54F,54GB.The deposit should be made before the due date for furnishing of return for the relevant previous year and proof of deposit furnished alongwith the return . Depositor has to open a separate account under each section if he intends to avail the benefit under more than one section. If the amount so deposited under the scheme is not utilized within specific period then the unutilized amount shall be taxable in hands of the assessee for that previous year in which specified period expires.
Capital Gains arising to NRIs Capital gains arising to Non-residents from the transfer of shares or debentures of an Indian company ,shall be computed by converting the cost of acquisition ,expenditure on transfer and value of consideration ,into the same foreign currency (used for purchase of shares/debentures) . Then the capital gain so computed shall be reconverted into the Indian currency at prescribed rate of exchange. However, the provisions of Indexation shall not be available to NR on LTCG of shares/debentures of Indian Co. Exemption is available on long term capital gains arising from transfer of foreign exchange assets, if the net consideration is, wholly or party ,invested within 6 months in any of the specified securities.
Set Off and Carry Forward of Capital Loss Any short term capital loss can be set off against any capital gain (both long term and short term ) and against no other income. Any short term capital loss can be set off only against long term capital gain and against no other income. Any short term capital loss can be carried forward to the next eight assessment years and set off against ‘capital gains’( short term or long term )in those years. Any long term capital loss can be carried forward to the next eight assessment years and set off only against long –term capital gains in those years.
With Thanks.. Compiled by: CA VarunChadha
