Capital Gains/Losses would arise when one is holding Capital Assets for a specified period of time depending on the asset class. Equity or Preference Shares, Units of Equity-linked MFs, Bonds, Land, Building, Plant & Machinery, House Property, Vehicles, Jewellery, Paintings, Antique Coin Collection, Patents, Trademarks and Leasehold rights are some of the examples of the Capital Assets. However, we would restrict describing Capital Gains on Equity, Equity-linked MFs, Listed Debentures, Zero Coupon Bonds and Units of UTI. Capital Gains arise when gains are realized; it does not apply on the appreciation portion of the asset irrespective of period of holding. Capital gains will not apply when capital assets are inherited or received by way of will or succession, as there is not sale/consideration, only transfer of ownership. Capital Gains could be set off against Capital losses.
There are two types of Capital Gains:-
Short Term Capital Gains: When equity or preference shares or equity-linked MF units, listed debentures, zero coupon bonds & units of UTI are sold within a period of 12 months that would be considered as STCG. The STCG tax rate would depend upon applicability of Securities Transaction Tax. When STT is paid on the realized gain then STCG rate would be 15% otherwise it would be taxed at marginal tax rate by adding it to your total income. ST Capital Gains could be set off against ST Capital Losses as well as LT Capital Losses in the same year. There is a provision of carrying forward STCG losses for a period of 8 years.
Calculating STCG: When it comes to arriving at Capital Gains, the following aspects are considered. These terms are used in Income Tax Returns also. Cost of Acquisition plus Cost of Improvement plus Expenditure incurred in respect of transfer is reduced from Full Value of Consideration to arrive at Capital Gain or Capital Loss. The tax would be applicable on the net gain, and rate would be dependent on STT applicability.
Long Term Capital Gains: When equity or preference shares or equity-linked MF units, listed debentures, zero coupon bonds and units of UTI are sold after a holding period of 12 months that would be treated as LTCG. The LTCG tax rate applicable would be 10% when LTCG amount exceeds Rs 100,000/-. LT Capital Gains could be set off against LT Capital Losses in the same year. There is also a provision of carrying forward LTCG losses for a period of 8 years.
Calculating LTCG: The following aspects are considered while arriving at LTCG for the purpose of tax applicability. One has to reduce cost of acquisition, cost of improvement and expenditure incurred on transfer from full value of consideration to reach amount of LTCG. Rs 100,000/- of LTCG is exempted from tax beyond which tax rate of 10% would be applicable.
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