The Budget 2017 presented by the FM has proposed
many changes affecting the computation of capital gains. In fact the capital
gain tax becomes friendlier for honest tax payers.
We shall see some of the major proposals of Budget
2017;
a)
Shifting the base year for indexation of cost of acquisition
If a capital asset acquired prior to 1st April 1981 is sold, we have to substitute the
Fair Market Value as on 1st April 1981 as its cost of acquisition. Then we can
go for the indexation of such fair market value based on the Cost Inflation
Index of the year in which sale took place.
Budget 2017 proposed the change of base year from
1st April 1981 to 1st April 2001. So by
shifting the base year the FM proposes to give the tax payers a big relief as
the price appreciation during the date of acquisition till date of sale has
become fully tax free in your hand.
b)
Reduction of holding period of immovable property
Usually the gain on sale of a capital asset is
segregated as long term or short term is based on the period of holding of such
capital asset. This may vary from 12 months to 36 months for short term capital
gains and long term capital gains respectively.
Budget 2017 proposed to reduce the 36 months period
in respect of long term capital gains to 24 months. This amendment is also very
beneficial for the tax payers as once the capital asset sold by you qualifies
for being long term asset, you just need to pay tax @ 20% on the profits so
made and that too with the benefit of indexation. Moreover this also gives you various options
to save the taxes by investing the sale proceeds/capital gains in residential
house /capital gains bonds and thus legally escape from the liability to pay
any long term capital gains.
c)
Conditions for claiming exemption on transfer of listed shares
Presently Section 10(38) of the income tax act
exempts capital gains whish arises on sale of a equity shares listed on any
stock exchange in India and held for
more than 12 months and on which
security Transactions Tax (STT) has been paid. This provision has been grossly
misused by people for money laundering so the budget provides an additional
condition in respect of equity shares acquired after 1st October 2004, the date
on which STT became applicable. The budget provides that for such shares the
long term capital gains shall become exempt only if STT has been paid on
purchase of such transactions as well. The government is being authorized to
notify some other acquisitions on which though no STT has been paid will still
continue to be exempt under Section 10(38). This notification should include
the shares acquired under IPO, FPO, bonus shares, ESOPs etc. to carve out
genuine transaction of acquisition of listed shares.
Let’s take an example;
Residential house property bought on April 1960 for
Rs 1,00,000/-
Improvements made on March 2012 for Rs 8,00,000/-
Sold on March 2017 for Rs 60,00,000/-
Cost Inflation Index:
1980-81 100 (base year)
2011-12 785
2016-17 1125
New residential house property bought on April 2018
for Rs 3000000
Particulars
|
Amount
|
Amount
|
Sale
Consideration
|
60,00,000
|
|
Less:
Expenses on Transfer
|
NIL
|
|
Net
Consideration
|
60,00,000
|
|
Less:
Indexed Cost of Acquisition
|
100000*1125/100
|
11,25,000
|
Less:
Indexed Cost of Improvement
|
800000*1125/785
|
11,46,497
|
Long Term Capital Gain
|
37,28,503
|
|
Less:
Exemption under section 54
|
Rs
3000000 or the amount of capital gain whichever is lower
|
30,00,000
|
Long Term Capital Gain
Taxable @ 20%
|
7,28,503
|
As per the Budget 2017 proposal the base year has
been shifted to 2001 and the same shall be applicable from 2017-18 onwards.
Note: Exemption under section 54
i) Eligible tax payers - Individuals
ii) Capital Gains eligible for exemption - Long
Term
iii) Asset
to be transferred - Residential House Property
iv) Asset to be acquired for exemption - One
Residential House Property
v) Time limit for acquiring new assets – If
purchase then, 1 year before or 2 years
after the date of transfer. If construction then within 3 years after
date of transfer.
vi) Exemption Amount – Investment in new
asset or capital gain whichever is lower
vii) Withdrawal
of exemption - If new asset is transferred within 3 years of its acquisition.
viii) Deposit in Capital gains deposit scheme before
due date under section 139(1) – Yes
Capital gain Account Scheme - The scheme is open to
all taxpayers, who wish to claim exemption under Sections 54, 54B, 54D, 54F, 54G
or 54GB. If taxpayer could not invest the capital gains to acquire new asset
before due date of furnishing of return, the capital gains can be deposited
before due date for furnishing of return of income in deposit account in any
branch of a nationalized bank in accordance with Capital Gain Account Scheme
1988.
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