Capital gain is profit from sale of property or an investment. As per section 45(1) any profit and gain arising from transfer of a capital asset shall be chargeable under the head capital gain in the previous year in which transfer took place. The article will highlight rules for calculation of capital gains in case of shares and securities including mutual funds.
Capital gain is profit from sale of property or an investment. As per section 45(1) any profit and gain arising from transfer of a capital asset shall be chargeable under the head capital gain in the previous year in which transfer took place. The article will highlight rules for calculation of capital gains in case of shares and securities including mutual funds.
Capital asset | Long term capital gain | Short term capital gain |
Listed equity shares | 10% if capital gain more than Rs. 1 Lakh, Else | 15% if STT paid |
Unlisted equity shares | 0.2 | Slab rates |
Equity oriented mutual funds | 10% if capital gain more than Rs. 1 Lakh | 15% if STT paid |
Debt mutual funds | 0.2 | Slab rates |
The Capital Gain or Loss is classified as Long Term or Short Term depending upon period of holding of the investment
Capital asset | Long term capital gain | Short term capital gain |
Listed equity shares | More than 12 months or 1 year | Less than 12 months or 1 year |
Unlisted equity shares | More than 24 months or 2 years | Less than 24 months or 2 years |
Equity oriented mutual funds | More than 12 months or 1 year | Less than 12 months or 1 year |
Debt Mutual funds | More than 36 months or 3 years | Less than 36 months or 3 years |
Shares or security listed on a recognized stock exchange in India means shares of a company which are listed on the NSE (National Stock exchange) or BSE (Bombay Stock Exchange). The capital gain arising from sale of such shares are taxable in the year of sale. In this case the full value of consideration shall be the amount paid at the time of purchase of shares.
Calculation of Cost of acquisition of Shares is very important from year 2018 onward, as there is change in way of calculating. If the listed shares are purchased on or before 01/02/2018 then as per section 112A the cost of acquisition shall be higher of Step 1 and Step 2 as below
Step 1: Cost of acquisition: It shall be the amount paid at the time of purchase of shares or in case shares are purchased on or before 01/04/2001 than cost of acquisition shall be the FMV (Fair Market Value) as on 01/04/2001.
Step 2: Lower of FMV as on 31/01/2018 or Sale Value (Full Value Of Consideration – FVOC)
Date of Acquisition | Cost of Acquisition |
Purchased after 01/04/2001 | Purchase cost |
Purchased on or before 01/04/2001 | Fair Market Value as on 01/04/2001 |
Purchased on or before 01/02/2018 | Higher of step 1 or step 2 |
Step 1: Purchase cost of shares |
Capital gain at the time of sale of listed equity shares will attract income tax. The sale will attract long term or short term capital gain depending on the period of holding:
Long term capital gain: In case the listed shares are sold after 12 months or 1 year of holding period then gains arising from such transaction shall be classified as Long term capital gains and will be taxed at the rate of 10% on gains in excess of Rs. 1 lakh as per section 112A of the Income Tax Act. No indexation benefit is available on transfer of equity shares listed on stock exchange.
Short term capital gain: In case the listed shares are sold within 12 months of purchase then gains arising from such transaction shall be classified as short term capital gains and will be taxed as per section 111A. As per section 111A, tax at the rate of 15% shall be charged on short term capital gain if securities transaction tax is paid on such shares.
Mr. X has purchased 500 shares of XYZ Ltd for Rs. 100 on 24/04/2008. On 01/03/2020 sold all the shares of XYZ Ltd for Rs. 500. XYZ ltd is listed on NSE. Calculate the capital gains in the hands on Mr. X. The FMV of shares of XYZ ltd as on 01/02/2018 is Rs. 400
Step 1: Calculation of Cost of acquisition of XYZ ltd
- | Particulars | Amount |
a | Cost of Purchase (Rs. 100 X 500 shares) | 50000 |
b | FMV as on 31/01/2018 (Rs. 400 X 500 shares) | 200000 |
c | Sale value of XYZ ltd (Rs. 500 X 500 shares) | 250000 |
d | Lower of b and c | 200000 |
e | Cost of acquisition (Higher of a and d) | 200000 |
Step 2: Computation of Capital Gains
Particulars | Amount |
Full Value of Consideration (500 shares X Rs. 500 each) | 2,50,000 |
Less: Cost of Acquisition (Note 1) | 2,00,000 |
Taxable Long term Capital Gains | 50,000 |
Tax on above at 10% in excess of Rs. 1 lakh as per 112A | 0 |
Health and Education cess at 4% | 0 |
Total tax payable by Mr. X | 0 |
Mr. X has purchased 500 shares of XYZ Ltd for Rs. 300 on 24/04/2019. On 01/03/2020 sold all the shares of XYZ Ltd for Rs. 500. XYZ ltd is listed on NSE. Calculate the capital gains in the hands on Mr. X.
Particulars | Amount |
Full Value of Consideration (500 shares X Rs. 500 each) | 2,50,000 |
Net Consideration | 2,50,000 |
Less: Cost of Acquisition (500 shares X Rs. 100 each) | 1,50,000 |
Taxable Short term Capital Gains | 1,00,000 |
Tax on above at 15% as per 111A | 15,000 |
Health and Education cess at 4% | 600 |
Total tax payable by Mr. X | 15,600 |
Unlisted shares are shares which are not listed on recognized stock exchange i.e. company not listed on NSE (National Stock exchange) or BSE (Bombay Stock Exchange). In this case the full value of consideration shall be the amount paid at the time of purchase of shares. If the unlisted shares are purchased on or before 01/04/2001 then the cost of acquisition shall be the FMV as on 01/04/2001. Cost of acquisition can be summarized as follows:
Date of Acquisition | Cost of Acquisition |
Purchased after 01/04/2001 | Purchase cost |
Purchased on or before 01/04/2001 | FMV as on 01/04/2001 |
Capital gain at the time of sale of unlisted equity shares will attract income tax. The sale will attract long term or short term capital gain depending on the period of holding:
Long term capital gain: In case the unlisted shares are sold after 24 months or 2 year of holding period then gains arising from such transaction shall be classified as Long term capital gains and will be taxed at the rate of 20% on gains as per section 112 of the Income Tax Act. No indexation benefit is available on transfer of equity shares listed on stock exchange. Indexation benefit is available on transfer of unlisted equity shares. Cost of acquisition can be summarized as follows:
Date of Acquisition | Cost of Acquisition |
Purchased after 01/04/2001 | Purchase cost |
Purchased on or before 01/04/2001 | FMV as on 01/04/2001 |
Short term capital gain: In case the unlisted shares are sold within 12 months of purchase then gains arising from such transaction shall be classified as short term capital gains and will be taxed at the normal rate of tax i.e. slab rates.
Mr. X has purchased 500 shares of XYZ Ltd for Rs. 100 on 24/04/2008. On 01/03/2020 sold all the shares of XYZ Ltd for Rs. 500. XYZ ltd is not listed on recognized stock. Calculate the capital gains in the hands on Mr. X. The cost inflation indexation is as follows: 2008-09: 137 2019-20: 289
Particulars | Amount |
Full Value of Consideration (500 shares X Rs. 500 each) | 2,50,000 |
Net Consideration | 2,50,000 |
Less: Indexed Cost of Acquisition (500 shares X Rs. 100 each)= 50000*289/137 | 1,05,475 |
Taxable Long term Capital Gains | 1,44,525 |
Tax on above at 20% | 28,905 |
Health and Education cess at 4% | 1,156 |
Total tax payable by Mr. X | 30,061 |
Mr. X has purchased 500 shares of XYZ Ltd for Rs. 300 on 24/04/2018. On 01/03/2020 sold all the shares of XYZ Ltd for Rs. 500. XYZ ltd is not listed on recognized stock. Calculate the capital gains in the hands on Mr. X. Also the other income of Mr. X is Rs. 4,50,000. Calculate Mr. X tax liability for AY 2020-21 assume that Mr. X is of 35 years of age and had not made any investment during the year.
Particulars | Amount |
Full Value of Consideration (500 shares X Rs. 500 each) | 2,50,000 |
Net Consideration | 2,50,000 |
Less: Cost of Acquisition | 1,50,000 |
Taxable Long term Capital Gains | 1,00,000 |
Other Income | 4,50,000 |
Net taxable income | 5,50,000 |
Tax on above at Slab rates | 22,500 |
Health and Education cess at 4% | 900 |
Total tax payable by Mr. X | 23,400 |
Equity oriented mutual funds means where the fund invested in the listed unit of another fund a minimum 90% of the total proceeds of such fund is invested in the units of other fund and such other fund also invests a minimum of 90% of its proceeds in the listed equity shares of domestic companies. In any other case, a minimum of 65% of the total proceeds of such fund is invested in the listed equity shares of domestic company. In this case the full value of consideration shall be the amount paid at the time of purchase of unit of mutual funds. If the mutual funds are purchased on or before 01/02/2018 then the cost of acquisition as per section 112A shall be higher of Step 1 and Step 2 as below:
Step 1: Cost of acquisition: It shall be the amount paid at the time of purchase of units of mutual fund or in case units of mutual fund are purchased on or before 01/04/2001 than cost of acquisition shall be the FMV as on 01/04/2001.
Step 2: Lower of NAV as on 31/01/2018 or NAV as on Sale Date (FVOC)
Date of Acquisition | Cost of Acquisition |
Purchased after 01/04/2001 | Purchase cost |
Purchased on or before 01/04/2001 | Fair Market Value as on 01/04/2001 |
Purchased on or before 01/02/2018 | Higher of Step 1 or Step 2Step 1: Purchase Cost of Mutual FundStep 2: Lower of i or ii i.i)Net asset Value as on 31/01/2018 ii.ii) Sale value(Full Value of Consideration) |
Capital gain at the time of sale of equity oriented mutual funds will attract income tax. The sale will attract long term or short term capital gain depending on the period of holding:
Long term capital gain: In case the mutual funds are sold after 12 months or 1 year of holding period then gains arising from such transaction shall be classified as Long term capital gains and will be taxed at the rate of 10% on gains in excess of Rs. 1 lakh as per section 112A of the Income Tax Act. No indexation benefit is available on transfer of equity oriented mutual funds.
Short term capital gain: In case the mutual funds are sold within 12 months of purchase then gains arising from such transaction shall be classified as short term capital gains and will be taxed at the rate of 15% as per section 111A.
Mr. X has purchased units of debt mutual fund of XYZ Ltd for Rs. 10,000 on 24/04/2008; he has got 100 units of XYZ ltd at NAV of Rs. 100 each. On 01/03/2020 sold all the units of XYZ Ltd the NAV as on that date is Rs. 500. Calculate the capital gains in the hands on Mr. X. The cost inflation indexation is as follows: 2008-09: 137 2019-20: 289
Particulars | Amount |
Full Value of Consideration (500 unit X Rs. 500 each) | 50,000 |
Less: Indexed Cost of Acquisition (100units X Rs. 100 each) 10,000 * 289/137 | 21,095 |
Taxable Short term Capital Gains | 28.905 |
Tax on above at 20% | 5,781 |
Health and Education cess at 4% | 231 |
Total tax payable by Mr. X | 6,012 |
Mr. X has purchased units of equity mutual fund of XYZ Ltd for Rs. 10,000 on 24/04/2019; he has got 400 units of XYZ ltd at NAV of Rs. 100 each. On 01/03/2020 sold all the units of XYZ Ltd the NAV as on that date is Rs. 500. Calculate the capital gains in the hands on Mr. X. Also the other income of Mr. X is Rs. 5,00,000. Calculate Mr. X tax liability for AY 2020-21 assume that Mr. X is of 35 years of age and had not made any investment during the year
Particulars | Amount |
Full Value of Consideration (500 units X Rs. 500 each) | 50,000 |
Less: Cost of Acquisition (500 units X Rs. 400 each) | 40,000 |
Taxable Short term Capital Gains | 10,000 |
Other Income | 5,00,000 |
Net taxable income | 5,10,000 |
Tax on above at Slab rates | 14,500 |
Health and Education cess at 4% | 580 |
Total tax payable by Mr. X | 15,080 |