Saving Taxes!
Any profit/gains arising from the transfer of capital assets such as property, shares, bonds, vehicles, etc., are subject to income tax under the head "Income from Capital Gains." Capital assets are categorized into short-term and long-term assets. Long-Term Capital Gain / Loss arises if a Long-Term Capital Asset is transferred.
Key Takeaways:
Broadly speaking, the following is the summary of significant points discussed in this article:
- Period of Holding:
- Listed equity shares, equity-oriented fund and business trust are Long Term Capital Assets if held for more than 12 months.
- Other assets held longer than 24 months are Long Term Capital Assets.
- Tax rate:
- Long-Term Capital Gains on Listed equity shares, equity-oriented fund and business trust are taxed at 12.5% without indexation. Exemption up to Rs.1,25,000 is available.
- LTCG of other assets are taxed at 12.5% without indexation. Option available for land and building.
- Exemptions can be claimed under section 54 series to reduce Capital Gains taxes.
Capital gains arising from the transfer of Long-Term Capital Assets is referred to as Long-Term Capital Gains. The Long-Term Capital Gains taxation is divided into two sections: Section 112 and Section 112A.
Section 112A applies in the case of the following assets:
Section 112 applies to all other cases of Long-Term Capital Gains not covered under Section 112A.
To calculate the long-term capital gains accurately, follow the steps mentioned below:
Step 1: Determine the Full value of consideration
The total amount received from the transfer of capital assets. It includes the monetary payment received or fair market value in certain specified circumstances.
Step 2: Determine the Net value of Consideration
The net value of consideration is determined by deducting expenses related to transfer such as commission, brokerage, etc.
Step 3: Calculate the Cost of Acquisition
The purchase price of the asset is to be determined, and in the case of assets which get indexation benefits (like immovable property), we have to adjust the cost of acquisition using the Cost Inflation Index, which the government notifies every year. Indexation benefit has been removed for transfer made after 23rd July, 2024.
The formula for calculating the indexed cost of acquisition is:
Indexed cost of acquisition = Cost of acquisition x (CII of the year of transfer / CII of the year of acquisition)
Note: The benefit of indexation is available only for individuals and HUF on sale of land and building.
Step 4: Deduct exemptions under section 54/54B/54D/54EC/54F
Certain types of long-term capital gains may be eligible for exemptions under specific conditions (e.g., reinvestment in certain assets like residential property).
Step 5: Long-Term Capital Gains chargeable to tax
The long-term capital gains chargeable to tax formula is:
LTCG chargeable to tax = Net sale consideration - Cost of Acquisition - Cost of Improvement - Exemptions under Section 54/54B/54D/54EC/54F.
Particulars | Amount | Amount |
Full value of consideration | xxx | |
Less: Expenses incurred wholly and exclusively for such transfer | (xxx) | |
Net sale consideration | xxx | |
Less: Indexed cost of acquisition (Indexation benefit removed for sale made from 23rd July, 2024) | xxx | |
Less: Indexed cost of improvement (Indexation benefit removed for sale made from 23rd July, 2024) | xxx | |
Long-term Capital Gains(LTCG) | xxx | |
Less: Exemptions under section 54/54B/54D/54EC/54F | xxx | |
Long-Term Capital Gains chargeable to tax | xxx |
Assets Sold | Sold before 23rd July, 2024 | Sold on or After 23rd July, 2024 |
| 10% Without Indexation | 12.5% Without Indexation |
Land and Building | 20% With Indexation | 12.5% Without Indexation (Option to Individuals and HUF - 20% with indexation or 12.5% without indexation) |
Other Capital Assets | 20% With Indexation | 12.5% Without Indexation |
There are various exemptions available under the Income-tax Act that helps reduce the LTCG chargeable to tax if the capital gain amount is reinvested in certain specific assets or instruments. There are specific criteria to claim these deduction i.e. certain conditions are to be met to claim these exemptions.
One of the popular exemptions is investment in specifed bonds under section 54EC. This exemption is available on Long Term Capital Gain on any asset.
John bought a house in 2005 for Rs. 20,00,000. He sold it in August 2024 for Rs. 65,00,000. Now he has an option of choosing the tax rate of 12.5% without indexation or 20% with indexation.
Calculate the taxable capital gain assuming the Cost Inflation Index (CII) for 2005-06 is 117 and for 2024-25 is 363.
Particulars | Amount | Amount |
Full value of consideration | 65,00,000 | |
Less: Expenses incurred wholly and exclusively for such transfer | Nil | |
Net sale consideration | 65,00,000 | |
Less: Indexed cost of acquisition(20,00,000 * 363/117) | 62,05,128 | |
Less: Indexed cost of improvement | NIL | |
Long-term Capital Gains(LTCG) | 2,94,872 | |
Less: Exemptions under section 54/54B/54D/54EC/54F | NIL | |
Long-term capital gains chargeable to tax | 2,94,872 |
Indexation benefit has been considered in the above example as sale is made before 23rd July, 2024. The tax on said transfer will be applicable at the rate of 20%.
John bought a house in 2005 for Rs. 20,00,000. He sold it in August 2024 for Rs. 65,00,000.
Particulars | Amount | Amount |
Full value of consideration | 65,00,000 | |
Less: Expenses incurred wholly and exclusively for such transfer | Nil | |
Net sale consideration | 65,00,000 | |
Less: Cost of acquisition | 20,00,000 | |
Less: Cost of improvement | NIL | |
Long-term Capital Gains(LTCG) | 45,00,000 | |
Less: Exemptions under section 54/54B/54D/54EC/54F | NIL | |
Long-term capital gains chargeable to tax | 45,00,000 |
The details of capital gains during the year is to be filled in the Schedule CG of Part A of ITR-2 form. The total amount of capital gains shall be filled in the Part B - Total income which will be auto-populated from the details you filled in the other schedules.
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