Are you considering
these tax provisions before investing in stock market? You should.
Tax is a major factor when it comes to making
investment decisions. In fact, many invest in certain funds just to ensure a
lower tax liability.
When it comes to investment in equity markets
or equity oriented mutual funds, the tax can get a little complicated. Why?
Because you can have two sources of income from investing in stocks - dividends
and profits.
This article will attempt to improve your
understanding of the tax matters associated with investments in equities.
So, without any further delay, let’s dig right
into it.
Tax on Equity Investments and Equity Oriented Mutual Funds :
The equity market is one of the most lucrative
avenues for investment. This is mainly because of its potential to give you
high returns.
That’s the biggest reason why so many want to
buy shares. But then making up your mind about which company’s stock to buy can
be a daunting task. Add to that the tax implications on the dividend income and
gains.
Let’s break them down.
Dividends :
You don’t have to
pay taxes on your dividend income, provided the company that paid you this
dividend is an Indian company and has paid the Dividend Distribution Tax. This
is clearly clarified under section 10(34) of the Income Tax Act, 1961.
However, if the Dividend Distribution Tax isn’t paid
by the company, then the entire dividend amount will be added to your total
income and get taxed under the tax slab your income falls.
The tax rate on Sale of Shares :
All gains from the sale of equity shares come
under the head Income from Capital Gains. This head divides the term of holding
the asset into short-term and long-term.
In case of equity shares, if you have held the
shares for 12 months or above, it’s classified as long-term investment.
Otherwise, it’s considered as a short-term investment.
Now for the tax effect. It depends on whether
your gain is a short-term gain or a long-term gain, whether it’s trading at a
recognized stock exchange and whether Securities Transaction Tax has been paid
on it.
Short-Term Gain :
●
Taxable @ 15% (plus surcharge and cess as applicable)
○
Securities Transaction Tax is paid
on purchase and sale of the equity shares, and,
○
The shares are trading in a
recognized stock exchange.
●
Otherwise, it will be charged as
per the rate in the Income Tax slab under which your income falls.
Long-Term Gain :
●
Exempt from tax if,
○
Securities Transaction Tax has
been paid on purchase and sale of the equity shares, and,
○
Your long-term gain doesn’t exceed
Rs. 1 Lakh.
●
Taxable @ 10% (plus surcharge and cess as applicable) if,
○
Securities Transaction Tax is paid
on purchase and sale of the equity shares, and,
○
Your long-term gain exceeds Rs. 1
Lakh.
●
Taxable @ 10% (plus surcharge and cess as applicable) if your transaction doesn’t fall under any of the above two categories
and you choose NOT to take the benefit of indexation.
●
Taxable @ 20% (plus surcharge and cess as applicable) if your transaction doesn’t fall under any of the above three categories.
What About Losses?
Sure, it’s amazing if you are able to sell
your shares at a profit. But what if you suffer a loss? It doesn’t feel good.
Thankfully the Income Tax Act, 1961 has provisions where you can not only set
off your losses against certain incomes but also be able to carry forward these
losses so that you can set them off against future incomes.
Set Off Provisions for
Losses :
Now, just like taxes related to profits, set
off provisions related to losses are also dependent on whether they are short-term
or long-term.
●
Short-Term Losses - Short-term losses can only
be set off against either short-term capital gains or long-term capital gains.
● Long-Term Losses - Long-term losses can be set
off only against long-term capital gains.
If for any reason there are no capital gains
or the capital gains are insufficient to absorb the losses, they can be carried
forward for 8 years.
However, in the subsequent years you can only
set off capital losses in the manner mentioned above.
Also, the losses can be set off only if you
have filed income tax returns on or before the due date in the year in which
you had incurred losses.
Conclusion
Understanding the impact of income tax on your
gains or losses isn’t as hard as everyone makes it to be. The best part of it
is that if you understand it and understand it well, it can make your
investment decisions even better.
After all, who doesn’t like to enjoy their
profits.
Reporting
of GST, GAAR details in tax audit report deferred till Mar 2019
The CBDT in the new ITR
forms and 3CD for AY 2017-18 had required prescribed persons to furnish the tax
audit report along with the disclosures related to General anti tax avoidance
rules (GAAR), Specified financial transactions (SFT), expense break up related
to entities with regards to GST and among others.
The same has been deferred
to AY 2018-19 for those people to whom tax audit is applicable i.e., in 3CD. In
case of those assessee’s who file ITR-6, they have to declare the details of
expense break up related to entities with regards to GST and among others only.