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Home / Glossary / Capital Gains / Long-Term Capital Gain Tax on Shares

Introduction

Long-Term Capital Gains (LTCG) refer to the profit earned from the sale of a capital asset, such as shares, that has been held for more than 12 months. In the context of shares and equity-oriented mutual funds, Long-Term Capital Gain Tax on Shares comes into play when the investor sells these assets after holding them for a period exceeding one year.

The concept of LTCG is crucial for investors as it impacts the overall returns on their investments. The tax on LTCG was reintroduced in the Indian tax system in 2018 after being exempt for several years. Understanding how Long-Term Capital Gain Tax on Shares affects your investments is essential for effective financial planning and maximizing returns.

Importance of Understanding LTCG Tax on Shares

LTCG tax on shares directly influences the net returns an investor receives from their investments. For individuals engaged in long-term investment strategies, particularly in equity markets, the tax implications can be significant.

Moreover, a clear grasp of LTCG tax rules helps in better financial planning, allowing investors to structure their portfolios in a tax-efficient manner. Given the evolving nature of tax regulations, staying updated on LTCG tax rules is crucial for maintaining optimal investment strategies.

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What is Long-Term Capital Gain (LTCG) on Shares?

Long-Term Capital Gain (LTCG) is the profit realized from the sale of a capital asset, like shares, that has been held for a specified duration. In the case of equity shares and equity-oriented mutual funds, the holding period that qualifies as long-term gain is more than 12 months.

If an investor sells shares after holding them for this period and makes a profit, the gain is classified as LTCG. This classification is important because long-term gains are taxed differently than short-term gains, often at a lower rate, making them a key consideration in investment planning.

Criteria for LTCG on Shares (Holding Period, etc.)

The primary criterion for a gain to be classified as LTCG is the holding period of the asset. For equity shares and equity-oriented mutual funds in India, the holding period must exceed 12 months. If the asset is sold within 12 months of acquisition, any gain is classified as Short-Term Capital Gain (STCG) and is taxed differently. The distinction between LTCG and STCG is crucial as it determines the tax rate applied.

For instance, LTCG on shares and equity mutual funds, beyond a certain exemption limit, is taxed at a flat rate of 10%, without the benefit of indexation.

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Taxation of Long-Term Capital Gains on Shares

1. Applicable Tax Rate on LTCG

LTCG on shares and equity-oriented mutual funds is taxed at a flat rate of 10% on gains exceeding ₹1 lakh in a financial year. This tax rate was introduced in the 2018 Union Budget and applies to gains realized after January 31, 2018. The reintroduction of the LTCG tax on shares marked a significant shift in the tax regime for equity investors, as such gains were previously exempt from tax.

The 10% rate applies uniformly, regardless of the investor’s income tax slab, making it a key consideration in investment planning.

2. Section 112A of the Income Tax Act: Key Provisions

Section 112A of the Income Tax Act governs the taxation of LTCG on equity shares and equity-oriented mutual funds. Key provisions under this section include:

  • Threshold for Taxation: LTCG up to ₹1 lakh in a financial year is exempt from tax.
  • Tax Rate: LTCG exceeding ₹1 lakh is taxed at a flat rate of 10% without the benefit of indexation.
  • Grandfathering Clause: For assets acquired before February 1, 2018, and sold after this date, the cost of acquisition is considered as the higher of the actual purchase price or the fair market value as of January 31, 2018. This provision was introduced to protect gains made before the reintroduction of the LTCG tax.

3. Example Calculations of LTCG Tax

To illustrate how LTCG tax is calculated, consider the following example:

Example 1:

  • Purchase Date: January 1, 2017
  • Purchase Price: ₹100,000
  • Fair Market Value on January 31, 2018: ₹150,000
  • Sale Date: April 1, 2024
  • Sale Price: ₹200,000

Calculation:

  • Cost of Acquisition: The higher of the actual purchase price (₹100,000) or the fair market value on January 31, 2018 (₹150,000). Here, the cost of acquisition will be ₹150,000.
  • LTCG: Sale Price (₹200,000) – Cost of Acquisition (₹150,000) = ₹50,000.
  • Tax Liability: Since the gain of ₹50,000 is below the ₹1 lakh capital gains exemption limit, no tax is payable.

Example 2:

  • Purchase Date: January 1, 2019
  • Purchase Price: ₹100,000
  • Sale Date: April 1, 2024
  • Sale Price: ₹250,000

Calculation:

  • LTCG: Sale Price (₹250,000) – Purchase Price (₹100,000) = ₹150,000.
  • Taxable Gain: ₹150,000 – ₹100,000 exemption = ₹50,000.
  • Tax Liability: 10% of ₹50,000 = ₹5,000.

This example highlights how the tax is calculated and the impact of the exemption limit on the taxable amount.

You may also want to know Short Term Capital Gain on Shares

Exemption Limit for LTCG on Shares

1. ₹1 Lakh Exemption Under Section 112A

Under Section 112A of the Income Tax Act, Long-Term Capital Gain Tax on Shares and equity-oriented mutual funds enjoys a significant exemption: gains up to ₹1 lakh in a financial year are tax-free. This exemption is crucial for small and medium-sized investors, as it allows them to retain more of their profits.

For example, if an investor earns ₹1.5 lakh as LTCG in a financial year, only ₹50,000 would be subject to the 10% tax, with ₹1 lakh being exempt.

2. How to Utilize the Exemption Effectively?

Maximizing the ₹1 lakh exemption requires strategic planning. Investors should consider spreading the sale of their long-term holdings over multiple financial years to take full advantage of the exemption each year.

For instance, if an investor expects significant LTCG, they might plan to sell portions of their holdings over two or more years, ensuring that the gains in each year remain within the ₹1 lakh exemption threshold.

This strategy is particularly effective for long-term investors with substantial portfolios, allowing them to minimize their overall tax liability by staying within the exempt limit.

Additionally, by regularly reviewing their portfolios and planning sales accordingly, investors can effectively manage their tax obligations while still achieving their investment goals.

Examples Illustrating the Exemption Benefit

Example 1:

  • LTCG Earned: ₹1.2 lakh in a financial year.
  • Taxable Gain: ₹1.2 lakh – ₹1 lakh exemption = ₹20,000.
  • Tax Liability: 10% of ₹20,000 = ₹2,000.

Example 2:

  • Scenario: An investor expects an LTCG of ₹2 lakh.
  • Strategy: The investor can sell half of their holdings in the current financial year and the other half in the next year.

Result:

  • Year 1: ₹1 lakh in LTCG (completely exempt).
  • Year 2: ₹1 lakh in LTCG (completely exempt).
  • Tax Liability: Zero tax in both years due to effective use of the ₹1 lakh exemption.

These examples demonstrate how the exemption can be leveraged to minimize tax liability on long-term gains.

Filing LTCG Tax on Shares

Filing LTCG tax on shares is an essential part of your income tax return (ITR) process. Here’s a step-by-step guide to reporting LTCG:

1. Collect Necessary Documents

Gather transaction details of shares sold, including purchase and sale dates, and the respective amounts.

Obtain a Capital Gains Statement from your broker or financial institution.

2. Determine the Cost of Acquisition

For shares acquired before February 1, 2018, calculate the cost of acquisition considering the fair market value on January 31, 2018.

3. Calculate LTCG

Subtract the cost of acquisition from the sale price to determine the Long-Term Capital Gain Tax on Shares.

Apply the ₹1 lakh exemption under Section 112A.

4. Fill out the ITR Form

Choose the appropriate ITR form (e.g., ITR-2 for individuals with capital gains).

Report the LTCG under the “Schedule CG” section of the form.

If the gains exceed ₹1 lakh, the taxable amount should be calculated at 10% and reported accordingly.

5. Pay the Tax

If LTCG tax is payable, ensure that it is paid through advance tax or at the time of filing the return.

6. Submit the ITR

Verify the ITR and submit it online. Keep a copy of the acknowledgment for your records.

Documentation Required for LTCG Reporting

To accurately report LTCG, certain documents are essential:

  • Transaction Statements: Detailed records of the purchase and sale of shares.
  • Brokerage Statements: Capital Gains Statements provided by your broker, summarizing the gains or losses.
  • Form 26AS: This form reflects the tax credit and helps verify any advance tax payments made.
  • Bank Statements: To validate the financial transactions related to the sale and purchase of shares.

Maintaining accurate and organized documentation is crucial for smooth filing and to avoid any discrepancies during the assessment process.

Common Mistakes to Avoid While Filing

Filing LTCG tax can be complex, and certain common mistakes should be avoided:

  • Incorrect Cost of Acquisition: Not considering the fair market value as of January 31, 2018, for shares purchased before that date.
  • Failing to Claim the ₹1 Lakh Exemption: Overlooking this exemption can result in overpaying taxes.
  • Incorrect ITR Form: Choosing the wrong ITR form can lead to rejection or delays in processing your return.
  • Missing Advance Tax Payments: If your LTCG tax liability is substantial, ensure that advance tax is paid to avoid interest penalties.

By being vigilant and thorough, you can ensure accurate filing and compliance with tax regulations.

Deductions and Exemptions on LTCG

Deductions Under Chapter VI-A (if applicable)

While LTCG on shares is generally not eligible for deductions under Chapter VI-A (which includes deductions like Section 80C, 80D, etc.), there are specific scenarios where such deductions might come into play.

For instance, if you reinvest the LTCG in eligible instruments like bonds under Section 54EC, you can claim the reinvested amount as an exemption, reducing your taxable LTCG. It’s important to differentiate between regular deductions under Chapter VI-A and exemptions specific to capital gains to avoid confusion.

Utilization of Set-Offs for LTCG (e.g., Carry Forward of Losses)

Capital losses, whether short-term or long-term, can be used to offset capital gains, thereby reducing the overall tax liability. Specifically:

  • Set-Off of Long-Term Capital Loss (LTCL): LTCL can be set off against LTCG in the same financial year. If not fully utilized, the loss can be carried forward for up to eight assessment years.
  • Carry Forward of Losses: Unadjusted LTCL can be carried forward and adjusted against LTCG in future years, helping to minimize future tax liabilities.

This strategy is particularly useful for investors who might incur losses in a volatile market, as it allows them to reduce their taxable income by adjusting the losses against future gains.

Impact of Tax-Loss Harvesting on LTCG

Tax-loss harvesting is a strategy where investors sell underperforming assets at a loss to offset the gains from other investments. This can be particularly effective in reducing Long-Term Capital Gain Tax on Shares liability.

Here’s how it works:

  • Sell Loss-Making Shares: Sell shares that have depreciated in value to realize a capital loss.
  • Offset the Loss: Use this loss to offset the LTCG, reducing the taxable gain.
  • Repurchase the Asset: If you still believe in the asset’s potential, you can repurchase it after a brief period, typically 30 days, to avoid the ‘wash sale’ rule, which disallows the loss if you buy the same or a substantially identical asset within 30 days.

Example:

  • LTCG on Profitable Shares: ₹2 lakh.
  • Loss from Underperforming Shares: ₹50,000.
  • Net Taxable LTCG: ₹2 lakh – ₹50,000 = ₹1.5 lakh.

This strategy helps to reduce the overall tax burden while allowing investors to maintain their portfolio strategy.

Conclusion

It is important to understand the long-term capital gains tax on shares and their implications for investors to maximize their returns while complying with tax laws. Investors can effectively manage their long-term capital gains tax liability by distinguishing between listed and unlisted shares, utilizing exemptions, and employing strategic tax planning methods.

So, how would you plan your long-term capital gain tax on shares? Holding shares for longer periods has significant benefits. Start investing today.

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Frequently Asked Questions

What is the holding period for long-term capital gain on shares?

The holding period for long-term capital gain on shares is more than 12 months whereas for short-term capital gains, it is reduced to less than 12 months.

How are long-term capital gains on listed shares taxed?

Long-term capital gains on listed shares exceeding ₹1 lakh in a financial year are taxed at 10% without the benefit of indexation.

What is the grandfathering clause for long-term capital gains?

The grandfathering clause protects gains accrued up to January 31, 2018, from being taxed under the new LTCG tax regime introduced in 2018.

Can I claim any exemptions on long-term capital gains?

Yes, you can claim exemptions under Section 54F by reinvesting the sale proceeds into a residential property within the specified time frame.

What expenses can be deducted when calculating long-term capital gains?

Expenses related to the sale of shares, such as brokerage fees and transaction charges, can be deducted when calculating long-term capital gains.

How can I reduce my long-term capital gains tax on shares?

You can reduce your long-term capital gains tax by optimizing your holding period, utilizing the ₹1 lakh exemption, engaging in tax-loss harvesting, and reinvesting in tax-saving instruments like Section 54EC bonds.

What is tax-loss harvesting?

Tax-loss harvesting involves selling shares that have declined in value to offset gains from other investments, thereby reducing the overall capital gains tax liability.

How does the ₹1 lakh exemption on long-term capital gains work?

Each financial year, the first ₹1 lakh of long-term capital gains on listed equity shares is exempt from tax. Any gains exceeding this limit are taxed at 10%.

Are dividends from shares subject to long-term capital gains tax?

No, dividends from shares are not subject to long-term capital gains tax. Instead, they are taxed as income from other sources at the applicable income tax slab rates.

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