Updated on: Apr 1st, 2024
|
5 min read
A long-term capital gain is the profit earned from the sale of shares or other assets when they are held for more than 12 months at the time of sale. It is calculated as the difference between the sale price and purchase prices of assets held for more than a year. In other words, it represents the net profit that the investor earns from the sale of the asset.
Listed equity shares can be considered as long-term capital assets if they are held for at least 12 months, whereas gains from unlisted equity shares will be considered long-term only if they are held for at least 24 months.
Capital gain tax under section 112A will be levied only if the below-mentioned conditions are fulfilled:
Section 112A was introduced on 1st February 2018 to tax the profits made on shares. Earlier, tax was exempt on such profits. To protect the interests of investors, CBDT introduced grandfathering clauses to ensure that the tax is only prospective in nature, and the tax is levied only on the gains from 1st February 2018. For this, the cost of acquisition of the equity or equity-related securities is to be calculated on the basis of a formula covered in section 112A. To summarize, the grandfathering clause in Section 112A provides relief from LTCG tax on sale of equity shares and units of equity-oriented that were acquired before January 31, 2018, by modifying the purchase cost as if the shares were purchased on 1st February 2018.
Use the below formula for calculating COA:
Value II shall be the Cost of Acquisition (as per grandfathering rule)
Long Term Capital Gain(LTCG) = Sales Value – Cost of Acquisition (as per grandfathering rule) – Transfer Expenses
Tax Liability = 10% (LTCG – Rs 1 lakh)
Let us understand with an example
Mr Udit made a lump-sum investment of Rs. 20 lakh in shares of a listed company in June 2005.
FMV on January 31, 2018, is Rs. 40 lakh. Udit redeems his entire investment in May 2019 for Rs.43 lakh netting a gain of Rs. 23 lakh. However, due to the grandfathering clause, Udit’s taxable gain would be only Rs. 3 lakh.
Udit had made another one-shot investment of Rs. 15 lakh in shares of another listed company in February 2016. The FMV of the investment on January 31, 2018, was Rs. 4 lakh, and he further sold all these shares in June 2019 for a sum of Rs. 10 lakhs. In this transaction, Rahul incurred a loss of Rs. 5 lakh calculated for tax purposes as per the above-mentioned formula.
A | B | C | D | E | F | |
Udit’s Investment Portfolio | Sale price | Cost | FMV on 31st Jan | Value I Lower of A and C | Value II Cost of acquisition – Higher of B and D | Capital gain (A- E) |
1 | 43 Lacs | 20 Lacs | 40 Lacs | 40 Lacs | 40 Lacs | 3 Lacs |
2 | 10 Lacs | 15 Lacs | 4 Lacs | 4 Lacs | 15 Lacs | (5 Lacs) |
TOTAL | 53 Lacs | 35 Lacs | 44 Lacs | 44 Lacs | 55 Lacs | (2 Lacs) |
LTCG under section 112A at 10% is to be calculated only on the gains in excess of Rs. 1 Lac.
CBDT has clarified in the FAQ section that the amount of Rs.1 Lac is not to be reduced from the total amount, but while calculating taxes Rs.1 lakh shall be reduced. You can use the ClearTax tax calculator, which automatically takes care of such complex calculations.
The loss on the sale of long-term listed equity shares or equity-related instruments is a long-term capital loss.
Please note that long term loss on capital gains can be set off only against long-term capital gain. In a situation of an investor has incurred losses from some securities and profits from other securities, then the same can be set off against each other. So only net gains become taxable if they exceed Rs 1 Lakh.
Long-term capital gains from shares are profits from assets held for over 12 months. Section 112A applies to equity sales over 1 lakh. The grandfathering clause in Section 112A allows relief on LTCG tax for assets acquired before Jan 31, 2018. Use formula to calculate cost of acquisition. Losses from securities can be set off against gains.