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Capital Gains
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.
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.
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.
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).
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.
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.
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.
Is indexation benefit available when calculating capital gains from short-term capital assets?
No, indexation benefits are available only for long-term capital assets.
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.
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.
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.
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.
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).
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.
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.
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.
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'.
Which form is required for withdrawing money from a Capital Gains Account?
- Form C: For partial withdrawal.
- Form G: For closing the account.
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).
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.
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.
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.
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