Gain arising on transfer of capital asset is charged to tax under the head “Capital Gains”. Income from capital gains is classified as “Short Term Capital Gains” and “Long Term Capital Gains”.
Meaning of Capital Gains:
Profits or gains arising from transfer of a capital asset are called “Capital Gains” and are charged to tax under the head “Capital Gains”. Meaning of Capital Asset is defined to include:
(a) Any kind of property held by an assessee, whether or not connected with business or profession of the assessee.
(b) Any securities held by a FII which has invested in such securities in accordance with the regulations made under the SEBI Act, 1992.
(c) Any ULIP to which exemption under section 10(10D) does not apply on account of the applicability of the fourth & fifth proviso thereof.
However, the following items are excluded from the definition of “capital asset”:
(i) any stock-in-trade (other than securities referred to in (b) above), consumable stores or raw materials held for the purposes of his business or profession;
(ii) personal effects i.e., movable property (including wearing apparel and furniture) held for personal use by the taxpayer or any member of his family dependent on him, but excludes—
- (a) jewellery;
- (b) archaeological collections;
- (c) drawings;
- (d) paintings;
- (e) sculptures; or
- (f) any work of art.
“Jewellery” include—
a. ornaments made of gold, silver, platinum or any other precious metal or any alloy containing one or more of such precious metals, whether or not containing any precious or semi-precious stones and whether or not worked or sewn into any wearing apparel;
b. precious or semi-precious stones, whether or not set in any furniture, utensil or other article or worked or sewn into any wearing apparel
(iii) Agricultural Land in India, not being a land situated:
- a. Within jurisdiction of municipality, notified area committee, town area committee, cantonment board and which has a population of not less than 10,000; [As amended by Finance Act, 2022]
- b. Within range of following distance measured aerially from the local limits of any municipality or cantonment board:
i. Not being more than 2 KMs, if population of such area is more than 10,000 but not exceeding 1 lakh;
ii. Not being more than 6 KMs, if population of such area is more than 1 lakh but not exceeding 10 lakhs; or
iii. Not being more than 8 KMs, if population of such area is more than 10 lakhs Population is to be considered according to the figures of last preceding census of which relevant figures have been published before the first day of the year.
(iv) 6.5% Gold Bonds,1977 or 7 percent Gold Bonds, 1980 or National Defence Gold Bonds, 1980 issued by the Central Government;
(v) Special Bearer Bonds, 1991;
(vi) Gold Deposit Bonds issued under the Gold Deposit Scheme, 1999 or deposit certificates issued under the Gold Monetisation Scheme, 2016.
The benefits of understanding and managing capital gains include:
- Tax Planning: Knowing the tax implications of capital gains helps individuals and businesses plan their investments and asset transfers strategically. It allows them to optimize their tax liabilities and potentially reduce their overall tax burden.
- Wealth Creation: Capital gains can be a significant source of wealth creation. By making informed decisions about buying, holding, and selling assets, individuals and businesses can generate profits and build their financial portfolio over time.
- Investment Analysis: Understanding capital gains helps investors evaluate the performance of their investments. It allows them to assess the profitability and growth potential of different assets or investment strategies and make informed decisions based on their investment objectives.
- Asset Diversification: Capital gains can be earned from various types of assets, such as stocks, real estate, and mutual funds. Being aware of the potential gains and risks associated with different asset classes enables individuals and businesses to diversify their investment portfolios. Diversification helps spread risk and enhance overall portfolio stability.
- Tax Efficiency: By carefully timing the sale of assets and taking advantage of applicable tax exemptions, individuals and businesses can minimize their tax liabilities on capital gains. This can result in increased after-tax returns and improved financial efficiency.
- Estate Planning: Capital gains also play a crucial role in estate planning. Understanding the tax implications of transferring assets to heirs or beneficiaries allows individuals to structure their estate plans in a tax-efficient manner, preserving wealth for future generations.
Overall, comprehending capital gains and effectively managing them can contribute to improved financial outcomes, increased wealth, and better tax planning for individuals and businesses.
Checklist to help you manage capital gains effectively:
- Identify Capital Assets: Determine which assets you own that may qualify as capital assets. This includes properties, investments (stocks, bonds, mutual funds), precious metals, and other valuable possessions.
- Track Acquisition and Sale Dates: Maintain a record of the dates when you acquired the assets and when you sold or transferred them. These dates are crucial for determining the holding period and classifying gains as short-term or long-term.
- Calculate Cost Basis: Calculate the cost basis or the original purchase price of the assets, including any associated expenses like brokerage fees, commissions, and improvement costs. This information is essential for determining the capital gains or losses.
- Determine Selling Price: Determine the selling price or the amount you received when you sold or transferred the assets. This includes any additional expenses or fees incurred during the sale.
- Differentiate Short-term and Long-term Gains: Classify your capital gains as short-term or long-term based on the holding period. Generally, assets held for one year or less before selling generate short-term capital gains, while assets held for more than one year generate long-term capital gains.
- Understand Applicable Tax Rates: Familiarize yourself with the current tax rates for short-term and long-term capital gains. These rates may vary depending on your income level and the type of asset.
- Consider Exemptions and Deductions: Explore any available exemptions or deductions that can reduce your taxable capital gains. For example, exemptions may apply to the sale of a primary residence or certain small business stocks.
- Calculate Capital Gains Tax: Calculate the tax owed on your capital gains by multiplying the gain amount by the applicable tax rate. Keep in mind any deductions or exemptions that may apply.
- File and Report Capital Gains: Report your capital gains accurately on your income tax return. Use the appropriate tax forms, such as Schedule D, to disclose the details of your capital gains and losses.
- Seek Professional Advice: If you have complex capital gains scenarios or are unsure about the tax implications, consider consulting with a tax professional or financial advisor who can provide guidance tailored to your specific situation.
Remember to maintain organized records of your capital gains transactions and related documentation for future reference or potential audits.
The process of filing for capital gains tax can be summarized as follows:
- Gather required information about the assets sold, including dates, purchase price, selling price, and associated expenses.
- Determine the holding period for each asset to classify gains as short-term or long-term.
- Calculate the capital gains or losses by subtracting the cost basis from the selling price for each asset.
- Separate and summarize the short-term and long-term gains or losses.
- Understand the applicable tax rates and exemptions for capital gains.
- Complete the relevant tax forms, such as Schedule D, to report capital gains.
- Provide the details of each asset, including acquisition and sale dates, cost basis, selling price, and resulting gain or loss.
- Calculate the tax owed by applying the appropriate tax rates to the total capital gains.
- File the completed tax forms and any supporting documentation by the deadline.
- Retain copies of the filed forms and relevant records for future reference.
Key deliverables :
- ITR Acknowledgement
- Capital Gains Statement
- Tax Payment Challans
- Tax Refund (if applicable)
- Updated Tax Records
These deliverables serve as important documents and records related to your income tax filing and reporting of capital gains.