புதிய மூலதன ஆதாய வரி விதிப்பு New Capital Gains Taxation regime குறித்த வருமான வரித் துறையின் பதிவு...
New Capital Gains Taxation regime
✅An issue has been raised as to what would be the Cost of Acquisition as on 1.4.2001 for properties purchased prior to 2001.
✅For properties (land or building or both) purchased prior to 1.4.2001, the cost of acquisition as on 1.4.2001 shall be:-
✅Cost of Acquisition of the asset to the assesse; or
✅the Fair Market Value (not exceeding the stamp duty value, wherever available) of such asset as on 1.4.2001.
✅Taxpayers can choose either option as per section 55(2)(b) of the Income-tax Act, 1961.
An illustration to explain the same:
புதிய மூலதன ஆதாய வரி விதிப்பு
✅2001க்கு முன் வாங்கப்பட்ட சொத்துக்களுக்கு 1.4.2001 அன்று நிலவரப்படி கையகப்படுத்துவதற்கான செலவு என்ன என்பது குறித்து ஒரு சிக்கல் எழுந்துள்ளது.
✅1.4.2001க்கு முன் வாங்கப்பட்ட சொத்துக்களுக்கு (நிலம் அல்லது கட்டிடம் அல்லது இரண்டும்), 1.4.2001 அன்று கையகப்படுத்துவதற்கான செலவு:-
✅மதிப்பீட்டாளரிடம் சொத்தை கையகப்படுத்துவதற்கான செலவு; அல்லது
✅1.4.2001 இல் உள்ள அத்தகைய சொத்தின் நியாயமான சந்தை மதிப்பு (கிடைக்கும் இடங்களில் முத்திரைத் தாள் மதிப்பை விட அதிகமாக இருக்காது).
✅வரி செலுத்துவோர் வருமான வரிச் சட்டம், 1961 இன் பிரிவு 55(2)(b) இன் படி ஏதேனும் ஒரு விருப்பத்தைத் தேர்வு செய்யலாம். இதையே விளக்க ஒரு எடுத்துக்காட்டு:
New capital gains taxation regime: Income tax department releases 13 important FAQs on latest STCG, LTCG rules
Income tax department releases 13 important FAQs on latest STCG, LTCG rules.
New capital gains taxation rules: The finance minister Nirmala Sitharaman has suggested revisions to the capital gains tax system in the 2024 Budget. Below are key inquiries provided by the tax department concerning the recent capital gains tax adjustments introduced in the 2024 Budget.
The finance minister Nirmala Sitharaman has proposed changes in the capital gains taxation regime in Budget 2024. As per the newly proposed amendment, the holding durations of assets will determine their classification as long-term when it is held more than 12 months for listed financial assets and more than 24 months for unlisted financial and non-financial assets.
While other short-term gains continue to be subject to the applicable tax rates, the short-term capital gains tax on equity shares and equity funds increases to 20%. The present rate of 10% or 20%, as applicable, for long-term gains tax is reduced to 12.5%. Listed equity shares, funds, and business trusts gains over Rs 1.25 lakh are taxable from earlier Rs 1 lakh.
Here are some important FAQs released by the tax department on new capital gains taxation regime announced in Budget 2024.
Q1. What are the major changes brought about in the taxation of capital gains by the Finance (No.2) Bill, 2024?
Ans. The taxation of capital gains has been rationalised and simplified. There are 5 broad parameters to this rationalisation and simplification, namely:-
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(i) Holding period has been simplified. There are only two holding periods now, viz. 1 year and 2 year.
(ii) Rates have been rationalised and made uniform for majority of assets.
(iii) Indexation has been done away with for ease of computation with simultaneous reduction of rate from 20% to 12.5%.
(iv) Parity between Resident and Non-resident.
(v) No change in roll over benefits.
Capital gains exemption limit hiked to Rs 1.25 lakh for equity; STCG tax rate hiked to 20%, LTCG tax rate made 12.5% for equity, property, others in Budget 2024
Q2. What is the date when the new taxation provisions comes into force?
Ans. The new provisions for taxation of capital gains come into force from 23.7.2024 and shall apply to any transfer made on or after 23.7.2024.
Q3. How has the holding period been simplified?
Ans. Earlier there were three holding period for considering an asset to be a longterm capital asset. Now the holding period has been simplified. There are only two holding periods,- for listed securities, it is one year, for all other assets, it is two years.
Q4. Who will benefit from the change in holding period?
Ans. The holding period of all listed assets will be now one year. Therefore, for listed units of business trusts (ReITs, InVITs) holding period is reduced from 36 months to 12 months. The holding period of gold, unlisted securities (other than unlisted shares) is also reduced from 36 months to 24 months.
Q5. What about the holding period of immovable property and unlisted shares?
Ans. The holding period of immovable property and unlisted shares remains the same as earlier i.e. 24 months.
Q6. Please elaborate on change in the rate structure for STT paid capital assets?
Ans. Rate for short-term STT paid listed equity, Equity oriented mutual fund and units of business trust (Section 111A) has increased from 15 to 20%. Similarly the rate for these assets for long-term (S. 112A) has increased from 10 to 12.5%.
Q7. Is there any change in the exemption limit for long-term capital gains under section 112A which was earlier one lakh Rs.?
Ans. Yes. The exemption limit of 1 lakh for LTCG on these assets has also increased to 1.25 lakh Rs. This increased exemption limit will apply for FY 2024-25 and subsequent years.
Q8. Please elaborate on change in the rate structure for other long-term capital gains?
Ans. The rate for other long-term capital gains on all assets has been rationalized to 12.5% without indexation (Section 112). This rate was earlier 20% with indexation. This will ease in simplifying the taxation of capital gains and their easy computation.
Q9. Who will benefit by change in rate from 20% (with indexation) to 12.5% (without indexation)?
Ans. The reduction in the rate will benefit all category of assets. In most of the cases, the taxpayers will benefit substantially. But where the gain is limited vis-a vis inflation, the benefit will also be limited or absent in a few cases.
Q10. Can the taxpayer continue to avail the roll over benefits on capital gains?
Ans. Yes. The roll over benefits remain the same as earlier. There is no change in roll over benefits already available under the IT Act. Therefore, taxpayers who want to save on LTCG tax even with low rates, can continue to avail the roll over benefits on fulfillment of conditions as applicable.
Q11. In which assets, can the long-term capital gains be invested for roll over benefits?
Ans. For roll over benefits, taxpayers can invest their gains in house under section 54 or section 54F or in certain bonds under section 54EC. For complete details of all roll over benefits, please refer section 54, 54B, 54D, 54EC 54F, 54G of the IT Act.
Q12. What is amount upto which roll over benefit is available?
Ans. Investment of capital gain in 54EC bonds (up to Rs. 50 lakh) and in other cases, the capital gain is exempt from tax, subject to certain specified conditions.
Q13. What is the overall rationale for changes?
Ans. Simplification of any tax structure has benefits of ease of compliance viz computation, filing, maintenance of records. This also removes the differential rates for various classes of assets.
FM Sitharaman, said in an interview to Times of India, “This perception that you will be at a disadvantage is not real. It’s absolutely not correct. The idea is to simplify the way in which different asset classes are being treated for capital gains tax and treat them similarly. That’s why it has resulted in 10% becoming 12.5% for stocks but getting reduced for others. We have gone through several cases or instances, picking up different numbers for assets, including property, bought in 2001, 2002 or 2003 and seen the taxable amount. After working it out, we have arrived at 12.5%. We have released the calculations, and you can see it. In almost every case, people have a lower tax burden under this system. Small or medium, people who are going into the market or property investments are going to benefit from it. Nobody’s going to be worse off, unless you’re a top, big investor. We are accused of working only for Ambani and Adani and they (the opposition) want to bring wealth tax and inheritance tax. Today, you are shouting at me for asking those few people, who have higher earning, to pay more.”
Revenue secretary Sanjay Malhotra, said in an interview to Economic Times, "There was a valid request from the industries associated with these assets as well as the general public to simplify and rationalise these provisions. The exercise is largely aimed at simplification. Yes, there is an increase in some of the asset classes, but it is very marginal. Capital gains tax of 10% going up to 12.5 % for shares effectively means that your post tax returns are reduced by 2.5%. It is a very minor change."
