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What Is Capital Gain And How It Is Calculated

By News Canvass | Mar 17, 2023

Capital Gain Tax

The tax on capital gains is imposed when an investor sells a property and earns a profit. For the tax year in which the property is sold, it is due.

For the tax years 2022 and 2023, the long-term capital gains tax rates are 0%, 15%, or 20% of the earnings, based on the filer’s salary.

Annual adjustments are made to the salary ranges.

The earnings of any investment held for at least a year will be subject to long-term capital gains tax. Short-term capital gains tax is applicable if the owner has owned the property for a year or less. The range of the taxpayer’s regular revenue determines the short-term rate. That is a higher tax percentage for all taxpayers, bar the top earners.

What are Capital Gains?

  • Simply stated, a capital gain is any profit or gain that results from the selling of a “capital object.” Due to the fact that this gain or profit falls under the categorization of “income,” you must pay tax on it in the year that the capital item is transferred. Long-term or short-term capital gains tax is what is meant by this. As there is no sale, only a transfer of possession, capital gains are not taxable on inherited land. Assets obtained as presents through an inheritance or will are expressly excluded under the Income Tax Act. However, capital gains tax will be charged if the asset’s new owner chooses to sell it.
  • You must pay tax on any profit or gain resulting from the selling of a “capital asset” in the year in which the transfer of the capital asset occurs because it falls under the categorization of “income from capital gains.” Capital gains tax is the name for this. Long-term capital gains tax (LTCG) and short-term capital gains tax (STCG) are the two kinds of capital gains (LTCG).
  • STCA ( Short-term capital asset ) ( Short-term capital asset ) A short-term capital instrument is one that is kept for 36 months or less.
  • For fixed assets like land, buildings, and houses starting in FY 2017–18, the requirement is 24 months. For instance, if you sell a home after owning it for 24 months, any revenue will be considered a long-term capital gain as long as the sale occurs after March 31, 2017.
  • Movable items like jewelry, debt-oriented mutual funds, and other similar items are not covered by the shorter 24-month time stated above.
  • When certain assets are kept for 12 months or less, they are regarded as short-term financial assets. If the date of move is after July 10, 2014, this regulation will apply.
  • A long-term capital asset (LTCA) is a piece of property that has been owned for more than 36 months. If kept for a period of time greater than 36 months, they will be categorized as a long-term financial asset.
  • If the proprietor retains an asset for 24 months or longer, such as land, a structure, or a home, it is called a long-term capital asset (from FY 2017-18).
  • In contrast, the assets below that are kept for a duration of more than a year are deemed long-term financial assets.

What is the capital gain tax rate?

According to the Union Budget 2018, the LTCG on sales of listed stocks over Rs. 1 lakh is subject to a 10% tax, while the STCG is subject to a 15% tax. In addition, with regard to debt mutual funds, both long-term and short-term profits are subject to taxation. The LTCGs on debt MF are taxed at 20% with indexation and 10% without indexation, while the STCGs on debt MF are added to the taxpayer’s revenue and taxed at the individual’s IT bracket rate. Indexation can be defined as the process of accounting for inflation in the buying price. In an inflationary situation, the indexation rises, which has the effect of raising buy prices and lowering gains.

Tax Type

Condition

Applicable Tax

Long-term capital gains tax (LTCG)  

On sale of Equity shares/ units of equity oriented fund

10% over and above Rs 1 lakh  

Long-term capital gains tax (LTCG)

Except on sale of equity shares/ units of equity oriented fund

20%

Short-term capital gains tax (STCG)

When Securities Transaction Tax (STT)is not applicable

The short-term capital gain is added to your income tax return and the taxpayer is taxed according to income tax slab rates.

Short-term capital gains tax (STCG)

When STT is applicable

15%.

 

  • Rules Regarding Section 80C of the Income Tax Act’s Taxation of Long-Term and Short-Term Profits.
  • If the purchaser chooses to sell it within a year, the short-term capital gains would be subject to a 15% tax.
  • When earnings from equity-oriented funds and shares surpass Rs. 1 lakh, a long-term mutual funds capital gains tax of 10% will be applied.

The calculation for India’s short- and long-term capital gains taxes is shown in the chart below.

For long-term capital gains –

Tax Type

Circumstance

Rate of tax

Long-term capital gains Tax

In the case of sale except for equity-oriented funds or shares.

20% without adjusting for indexation.

Long-term capital gains Tax

In the case of sale of equity-oriented funds or shares.

Over 10% on and above Rs. 1 Lakh.

For short-term capital gains –

Short-term capital gains Tax

In the case when the securities transaction tax is not liable.

The short-term gain is added to the income tax returns and taxed accordingly.

Short-term capital gains Tax

In the case when securities transaction tax is liable.

15%

What is capital gain tax?

Tax on Stock Profits

  • Profits accrued from the selling of any capital object are what are referred to as capital gains. Selling business or real estate property is one way to generate these profits.
  • Capital profits can either be short-term or long-term depending on how long they last. Profits are subject to capital gains tax because they are regarded as “revenue” and therefore subject to taxes.
  • Capital gain tax refers to the tax imposed on financial profits. When a commodity is moved between owners, these fees are imposed. Even though all capital gains are subject to taxes, long-term gains typically follow a different tax strategy than short-term gains. Individuals who pay taxes can utilize tax-effective financial techniques to lessen the weight of their tax 
  • In July 2004, Mr. B spent Rs. 50 lakh on a home. In the fiscal year 2016–2017, the total amount of payment was Rs. 1.8 Crore. Since the aforementioned property had been owned for more than 36 months, it was recognized as a long-term financial asset.
  • The cost price was modified after inflation was taken into account, and the fixed cost of purchase was also taken into consideration.
  • The property’s modified cost was later determined to be Rs. 1.17 Crore, translating to a net capital gain of Rs. 63 Lakh for Mr. B. Mr. B was required to pay Rs. 12,97,800 in taxes after applying a long-term capital gains tax rate of 20% to the overall capital gain.

What do you mean by capital gain?

A few instances of capital assets include real estate, buildings, houses, cars, jewelry, inventions, copyrights, and leasehold rights. This includes having stakes in or ties to Indian businesses. It also encompasses any other legal powers, such as those related to administration or control.

The following don’t fit the definition of a capital asset:

  • Any stock, supplies, or raw materials kept for use in a company or occupation.
  • Personal items like clothing and furnishings kept for use solely by the owner.
  • India’s rural(*) agricultural territory

What is a rural area? (effective from AY 2014-15) – A rural region is defined as any place with a population of 10,000 or more that is unincorporated and not under the control of a municipality or cantonment board.

  • Central government-issued National Defense gold bonds from 1980, 7% gold bonds from 1980, or 612% gold bonds from 1977. 
  • Unique bearer bonds (1991)
  • Gold deposit bonds or deposit certificates released under the 2015 Gold Monetization Plan or the 1999 Gold Deposit Scheme, respectively.

You can subtract capital losses from capital gains to determine your taxation profits for the year. If you have experienced both capital profits and losses on both short-term and long-term assets, the computation becomes slightly more difficult.

Put short-term profits and losses in one collection and long-term gains and losses in another. To determine the overall short-term benefit, all short-term profits must be added up. After that, the short-term loses are added up. The long-term profits and liabilities are then totaled. A total short-term gain or loss is created by balancing the short-term profits and losses. The long-term profits and loses are handled in the same way.

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