Detailed Tax FAQs | Resolve Your  e-Filing Queries

FAQ's

Expert solutions for your
complex tax issues.

Tailored advice and strategies to resolve your most
complex tax challenges..

Capital Gains

Question Image

What types of income are taxed under the head 'Capital Gains'?

Income arising from the transfer of a capital asset is taxed under the head 'Capital Gains'. This includes gains from the sale or transfer of property, stocks, mutual funds, gold, or any other qualifying capital assets.

Question Image

What is a capital asset?

A capital asset includes:

  • Property of any kind, whether movable or immovable, tangible or intangible (e.g., land, buildings, patents, trademarks).
  • Assets such as stocks, bonds, mutual funds, and jewelry.
  • It excludes items like personal goods (clothes, furniture, etc.), agricultural land in rural areas, and certain bonds notified by the government.
Question Image

What does the term 'long-term capital asset' mean?

A long-term capital asset is an asset held by the taxpayer for more than:

  • 24 months for immovable property (land, building, etc.), jewelry, and certain securities.
  • 12 months for listed securities, units of equity mutual funds, and units of UTI.
  • 36 months for other assets.
Question Image

How are long-term capital gains (LTCG) and short-term capital gains (STCG) defined?

  • LTCG arises from the transfer of a long-term capital asset.
  • STCG arises from the transfer of a short-term capital asset (held for less than the above-specified periods).
Question Image

Why are capital gains classified as short-term and long-term?

The classification determines:

  • The tax rate applicable: LTCG often enjoys concessional rates, while STCG is taxed at higher rates.
  • The availability of indexation: Only LTCG can benefit from indexation, which adjusts the cost of acquisition for inflation.
Question Image

How is long-term capital gain calculated?

LTCG = SaleConsideration − (IndexedCostofAcquisition + IndexedCostofImprovement + ExpensesonTransfer)

  • Indexed Cost: The cost is adjusted for inflation using the Cost Inflation Index (CII) provided by the Income Tax Department.
Question Image

How is short-term capital gain calculated?

STCG is calculated as:
STCG = SaleConsideration − (CostofAcquisition + CostofImprovement + ExpensesonTransfer) STCG = SaleConsideration − (CostofAcquisition + CostofImprovement + ExpensesonTransfer)
Indexation benefits are not available for STCG.

Question Image

Is indexation benefit available when calculating capital gains from short-term capital assets?

No, indexation benefits are available only for long-term capital assets.

Question Image

For capital assets acquired before April 1, 2001, is there a special method to calculate the cost of acquisition?

Yes, for assets acquired before April 1, 2001, the taxpayer can:

  • Use the actual cost of acquisition, or
  • Use the fair market value (FMV) as of April 1, 2001, whichever is higher, as the cost of acquisition.
Question Image

If undisclosed income invested in a capital asset is declared under the Income Declaration Scheme, 2016, how is the cost of acquisition determined?

The declared value of the asset under the scheme is treated as the cost of acquisition.

Question Image

What constitutes a 'transfer' of a capital asset under the Income-tax Act?

A transfer includes:

  • Sale, exchange, or relinquishment of rights.
  • Compulsory acquisition under any law.
  • Conversion of a capital asset into stock-in-trade.
  • Transactions involving ownership transfer through agreements.
Question Image

Are there any capital gains exempted under Section 10?

Yes, some capital gains are exempt, such as:

  • Gains from the transfer of agricultural land (subject to conditions).
  • Gains arising from compensation for compulsory acquisition of certain assets.
  • Gains on the sale of certain bonds and units notified under Section 10.
Question Image

At what rates are capital gains taxed?

  • LTCG: Typically taxed at 20% with indexation (10% without indexation for listed securities if exceeding ₹1 lakh).
  • STCG: Taxed at the applicable income tax slab rate or 15% (on certain assets like listed securities).
Question Image

Are there tax benefits for reinvesting capital gains in another capital asset?

Yes, Section 54 and related sections provide tax benefits if the capital gains are reinvested in specified assets, such as:

  • Residential property (Section 54).
  • Bonds under Section 54EC.
Question Image

Are there specific bonds where I can invest capital gains to claim tax exemptions?

Yes, under Section 54EC, you can invest in bonds issued by:

  • National Highway Authority of India (NHAI).
  • Rural Electrification Corporation (REC). The investment must be made within 6 months of the transfer, with a maximum limit of ₹50 lakhs per financial year.
Question Image

What is stamp duty value, and how does it affect capital gains on the sale of land or buildings?

Stamp duty value is the value assessed by the stamp valuation authority for levy of stamp duty on property transfers. If the actual sale consideration is less than the stamp duty value, the latter is considered for calculating capital gains.

Question Image

Is interest earned on deposits in a Capital Gains Account taxable?

Yes, interest earned on deposits in a Capital Gains Account is taxable as 'Income from Other Sources'.

Question Image

Which form is required for withdrawing money from a Capital Gains Account?

  • Form C: For partial withdrawal.
  • Form G: For closing the account.
Question Image

Is profit from selling land or buildings taxable under capital gains?

Yes, profits from the sale of land or buildings are taxable as capital gains, depending on the holding period (short-term or long-term).

Question Image

I want to close my Capital Gains Account, and only the interest remains in it. The bank manager asked for Form G with the Assessing Officer's endorsement. What is the procedure?

  • 1. File an application using Form G.
  • 2. Get the endorsement from your Assessing Officer.
  • 3. Submit the endorsed form to the bank for account closure.
Question Image

What are the rules for computing capital gains when transferring assets by gift, will, or inheritance?

  • No capital gains tax applies to the transfer itself.
  • The cost of acquisition for the recipient is considered as the cost incurred by the previous owner.
Question Image

I sold a house that I purchased five years ago. Do I need to pay tax on the profit from the sale?

Yes, the sale will result in a long-term capital gain.

How It Works

Simplifying Taxes, Empowering Finances Everywhere

Your trusted partner for seamless tax and financial solutions. We simplify tax filing, maximize returns, and provide expert advice with accuracy and care.

Expert Image

Browse Experts

Explore our verified profiles of CAs, CSs, and Advocates.

Consultation Image

Book a Consultation

Schedule an online meeting that fits
your timeline.

Solution Image

Get Solutions

Receive actionable advice and services customized for you.

Experience the Taxoday Advantage

Join thousands of users simplifying their tax and legal journeys. Say goodbye to the hassle and hello to ease with Taxoday.