Monday, 26 June 2023

Capital gain Taxation.

 Period of Holding / Classification of capital Asset:

 

Short Term Capital Asset

Long term Capital Asset

General Criteria

An asset held for a period of 36 months or less is a short-term capital asset.

An asset held for a period of 36 months or less is a short-term capital asset.

Immovable Property :

Land, Building and House property, Unlisted shares of a company

 

An asset held for a period of 24 months or less is a short-term capital asset.

An asset held for a period of 24 months or more is a short-term capital asset.

Listed Equity or preference shares

An asset held for a period of 12 months or less is a short-term capital asset.

An asset held for a period of 12 months or more is a short-term capital asset.

Listed Securities (like debentures, bonds, govt securities etc.)

An asset held for a period of 12 months or less is a short-term capital asset.

An asset held for a period of 12 months or more is a short-term capital asset.

Units of UTI, whether quoted or not

An asset held for a period of 12 months or less is a short-term capital asset.

An asset held for a period of 12 months or more is a short-term capital asset.

Units of equity oriented mutual fund, whether quoted or not

An asset held for a period of 12 months or less is a short-term capital asset.

An asset held for a period of 12 months or more is a short-term capital asset.

Zero coupon bonds, whether quoted or not

An asset held for a period of 12 months or less is a short-term capital asset.

An asset held for a period of 12 months or more is a short-term capital asset.

Specified mutual funds

Acquired April 1, 2023 after irrespective of holding period  is short term

 

NA

Market Linked debentures(MLD)

Irrespective of holding period  is short term

 

NA

   

Tax Rates:

 

LTCG

STCG

General Rule Sec 112

20% + SC+Cess

Normal Rate

Ref 112A for LTCG and Sec 111A for STCG

1)    Equity share on which STT is paid

2)    Unit of Equity oriented fund/Business trust on which STT is paid

10% in excess of Rs 1 Lakh

15%

Zero coupon bonds/NCD/Tax free bonds

20% with indexation or 10% without indexation

Normal rate

Sec 50AA: MLD

 

Always considered short term irrespective of holding period and taxable at Normal slab rate

Specified mutual funds

Always considered short term irrespective of holding period and taxable at Normal slab rate

 

LTCG

LTCG Rate

STCG

STCG Rate

MLD and units of Specified MF

(I.e., Debt MF which has invested in > 65% in debt)

Gain arising from Transfer/Redemption or maturity

Ref : Sec 50AA

 

Always STCG irrespective of Holding period taxable at slab rate

NCD (NCD’s are traded in exchange)

12months or more

10% without indexation or 20% with indexation WIL

12 months or less

Slab rate

Tax free bonds

Sec 112

36 months or more

10% without indexation

36 months or less

Slab rate

Arbitrage Funds (Treated as Equity funds for taxation)

12 months or more

10% and no tax upto Rs 1 Lakhs

12 months or Less

15%

Liquid Funds

NA

NA

Usual holding is short term

Slab rate

Corporate Bond funds acquired before 1-Apr-2023

36 months or more

20% with indexation

36 months or less

Slab rate

Corporate Bond funds *

Always to be considered as Short term irrespective of holding period and taxable at normal slab rate Amendment in FA 2023

Equity Funds

12 months or more

10% and no tax upto Rs 1 Lakhs

12 months or Less

15%

ETF (Equity)

12 months or more

10% and no tax upto Rs 1 Lakhs

12 months or Less

15%

Debt ETF acquired before 1-Apr-2023

36 months or more

20% with indexation

36 months or less

Slab rate

Debt ETF *

Always to be considered as Short term irrespective of holding period and taxable at normal slab rate

Zero coupon bonds

12 months or more

20% with indexation or 10% without indexation

12 months or less

Normal

FMP acquired before 1-Apr-2023

36 months or more

20% with indexation

36 months or less

Slab rate

FMP *

Always to be considered as Short term irrespective of holding period and taxable at normal slab rate

 

*Recently vide amendment to Finance Bill 2023, gains from Corporate Bond Funds, Debt mutual funds and FMP’s acquired on or after 1-Apr-2023 will now be taxed at slab rates and they will be considered as short-term irrespective of the holding period. Which means you will lose out on the indexation benefit. Prior to 1st April 2023, debt mutual funds had to be held for more than 36 months to qualify as a long-term capital asset. It means you need to remain invested in these funds for at least three years to get the benefit of long-term capital gains tax. If redeemed within three years, the capital gains will be added to your income and will be taxed as per your income tax slab rate.

 

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