Smart Investor - An investment in knowledge pays the best interest: Income Tax

Friday, July 8, 2022

45 BEST WAYS TO SAVE / REDUCE INCOME TAX IN INDIA

July 08, 2022 0
45 BEST WAYS TO SAVE / REDUCE INCOME TAX IN INDIA

Hi Readers cum Tax payers... :) 
Today we are going to discuss about our main income effector / reducer - Tax. We can't avoid it but we can reduce our income reducer. Right? 

Every income tax payer of india whether veteran taxpayer or a first time payer, felt that they are paying too much tax and they want to save their income from tax as much as possible. So tax payers have to become smarter in paying taxes on their income. There are many things that we do unknowingly which can save our tax. 
All we need to do is know the ways to save tax. Some of them might be know by us, But in this article you can find some more ways to know our regular expenses which make us eligible for tax benefits.

So let's check the options to save our income / reduce tax

Expenses - which are eligible for tax benefits:

Repayment of home loan:

You will be glad to know that the burden of your home loan EMIs can reduce the burden of taxes. There are three ways to get income tax deduction on your home loan(s). The principal amount re-paid in the current financial year is included under section 80C, offering a deduction up to Rs. 1,50,000. The interest portion offers a deduction up to Rs. 2,00,000 separately under section 24 (Have to deduct rental income, if property is let-out one). In addition to this,
Benefit on interest on home loan for First Time Buyers (If loan availed b/w 01.04.2016 to 31.03.2017) – Rs. 50,000 under section 80EE.
Benefit on interest on home loan for First Time Buyers (If loan availed b/w 01.04.2019 to 31.03.2022) – Rs. 1,50,000 under section 80EEA.
If you are living in the home on which you took first home loan, you can get another loan for the second house. There is no limit on income tax deduction on the interest payment of second home loan. 

Very few people are aware of this benefit of tax saving on second home loan. 


Repayment of education loan:

Now a days, people often go for education loans when it comes to higher education, because of rising in costs of educational courses. 
Interest paid on education loan is also non-taxable under Section 80E, there is no upper limit on the amount. 

The interest on education loan for higher studies in india or abroad, is eligible for the deduction if taken for self, spouse or children.

Tuition Fees:

We often spend a considerable amount of our income to provide best education to our kids. Income Tax laws provide you opportunity to compensate the expenses you incur on their tuition fees by reducing your taxes. You can claim this deduction u/s 80C of Income Tax Act. 

Note: Tuition fees for spouse is not eligible for tax exemption.

Medical insurance:

Medical expenses are part of everyone's life. These expenses can claim under section 80D. The limits of medical expenses Rs. 25,000 for medical insurance of self, spouse and dependent children (including preventive health check up limit of Rs.5000 ) for below 60 years  and it is Rs.50000 for above 60 years.
In addition to this, you can avail deductions of Rs.50,000 for medical insurance of parents above 60 years (as per budget 2018).

Preventive Health Checkup:

You get tax reduction on preventive health checkups annually. Inside of aforementioned limit of Rs.25,000 (or Rs.30000 all things considered) under section 80D income tax, you can also claim expenses incurred for preventive health checkups up to Rs. 5000 for each budgetary year.

Note: The premiums paid for health insurance availed by your siblings are not qualified for tax benefits.

Deduction on rent paid (without HRA):

You are paying monthly rents but even HRA is not being paid by employer. Now, Don’ t worry if you don’ t get HRA in your salary as you can still get tax benefit as per the provisions of section 80GG of Income tax Act on your rent what you paid.

Pension funds:

Ideally, the day you start earning money should be the day you start planning your retirement.
One of the best ways to do this is to start investing in pension funds. Fortunately, you can also reduce your taxes when you contribute to certain pension funds. Provisions regarding tax benefits in this case are covered under section 80C.

Medical expenses of disabled dependent:

If you have a dependent person in your family who is suffering from a disability, then you can avail tax benefit under section 80DD. This deduction is offered to help you take care of your disabled family member who is dependent on you. It can help you save up to Rs.1,25,000 from your taxable income.

Medical expenses of disabled individual:

Similar to deduction under section 80DD, an individual suffering from disability himself gets tax benefit under section 80U. The maximum deduction limit under this section is Rs.1,25,000.

Treatment of specified diseases:

For certain specific diseases, Income Tax Department offers tax benefits to the individual u/s 80DDB on the basis of expenses incurred by him for the treatment of such diseases or ailment. Treatment of diseases like cancer and AIDS is very expensive and this section offers much needed financial relief to the person suffering from such ailment and his family members. 

Exemption limit for individual less than 60 years is Rs.40,000, For senior citizen (above 60 years) is Rs.80,000 and For very senior citizen (above 85 years) is Rs.1,00,000.

Donations:

There is another reason to rejoice when you make donations. You not only boost your karma & achieve inner peace but also earn right to claim another tax exemption which is covered under section 80GGA. There is an upper limit on cash donations. Such donations are capped at Rs.2,000.
Donations to the National Defense Fund, Prime Minister’s National Relief Fund, The National Foundation for Communal Harmony, National/State Blood Transfusion Council, etc. qualify for 100% tax deduction on donated amount.
Donations made towards trusts like Prime Minister’s Drought Relief Fund, National Children’s Fund, Indira Gandhi Memorial Fund, etc. qualify for 50% tax deduction on donated amount.

Any donation made for scientific research or rural development is eligible for deduction under section 80GGA of the Income Tax Act.

Travel/Hotel Expenses in Business:

Business owners have to travel to grow their business. They can file travel and hotel expenses as business expenses to save tax. They never pay for travel from their salary but from company account. Smart people always show expenses before taxation.

Look what a salaried person do – Assume he has taxable income of 10,00,000 (after all deductions) and paying his taxes as per slab. Then he spends 2,00,000 on travel vacation on leftover income.

And what a business person do – He shows his travel as a business expense and takes the rest of profits as salary. He will pay tax on 8,00,000 only.

Smart no!

Food Expenses in Business:

Similarly, business owners need to meet so many people like customers, vendors, and potential hires. Often he spends money on paying bills of food. They save tax by showing all food expenses as the business expense.

Distributed Profit to Partners in Partnership Firms:

There is no tax in the hand on partners if their partnership firm is making profits and partners decide to distribute profits among themselves. Partners get tax benefit because their partnership firm has already paid taxes on the profits.

Leave Travel Allowance for salaried:

Employees can utilize Leave Travel Allowance for the expenses on domestic vacations. This policy covers the expense of travel tickets for yourself and your family. You will not be taxed on the travel expenses of your spouse, two children and parents if they are part of your journey. Brother or Sister are covered only if they are solely dependent on you.

You can avail this facility twice in the block of four years. If you were unable to claim the benefits in four year block then you can carry over one vacation in next block, provided you avail in the first year of the block itself.

Expenses Related to Internet or Phone:

Employees often get mobile phones and internet devices from their employer to do their jobs effectively. Expenses incurred in using these devices are either pre-paid by the employers or can be reimbursed by the employees. Tax benefits can be claimed on these expenses.

Incomes - How much you can avoid tax on income:
Interest Income on Saving Account:

You might not be aware that interest income on saving accounts is not taxable up to 10,000 Rupees under section 80TTA. If you earned 15,000 as interest from all your savings accounts (sum up interest from all your bank saving accounts), then you have to pay tax only on 5000 rupees. For senior citizens, Maximum exemption limit was increased from  Rs.10000/- to Rs.50000/- under section 80TTB in budget 2018.

Interest Income on NRE Account:

Indian Government is very friendly to NRIs. Someone with NRE account doesn’t have to pay tax on interest income on saving or fixed deposits.

Some smart Indians residing abroad, take a loan from the foreign country at 3-4% and invest their income in India through NRE account and earn tax-free income at 8-9%. Point to note that their income from NRE account is tax-free in India, but it may be taxed in their residing country (as per country law).


Maturity or Claim amount by Life Insurance:

As per amendments introduced in the Finance Act, 2003, any proceeds received on account of maturity/surrender of an insurance policy were exempt from tax only if the premium paid did not exceed 20% of the sum assured. As an example, if the annual premium is Rs.10,000, to qualify for the exemption, the minimum sum assured under the policy was required to be Rs. 50,000.
If the sum assured was less than the said value, the entire maturity proceeds would be taxable.

In case the policy is issued after 01.04.2012, then the limits of 20% premium paid reduced to 10%.

Educational Scholarship:

Any amount received as a scholarship for education is not taxable. It does not matter if the scholarship is granted by government or private trust.

Profit from Selling Shares or Equity Mutual Funds:

If you invest in stocks or mutual funds then you can make your profits 100% non-taxable. Do not sell your equity before holding for one year, whether shares or mutual funds (equity).

For example, you invested 100,000 in some stock and in 11 months it becomes worth 1,20,000. If you sell all of them then you have to pay tax on 20,000 profit. If you hold it for another month, then you are not liable to pay any tax on the profits up-to 1,00,000 and thereafter 10% on profit (whatever tax slab you are in).

Same is applicable to equity mutual funds.

Dividends received from Shares or Equity Mutual Funds:

Until 31.03.2020, as mentioned below - Stocks and Mutual Funds (Equity focused) distribute dividends to shareholders. All of the dividends are tax-free in the hands of the receiver.

Like in the previous example, where you bought stocks worth 100,000, let’s assume you receive dividends of 2000 after 10 months. Even one year is not completed since you bought stocks, you don’t have to pay any tax on Dividends.

After 01.04.2020 - Dividend is taxable income.

Amount received as Gifts on marriage:

In india, the gifts received (cash/cheque/gifts) on marriage are totally tax-free.

You can receive gifts from your relatives, friends and family on the occasion of your marriage and you don’t have to pay any taxes.

Agriculture Income:

Any income derived from Agriculture land is tax-free in India.

1. Any rent derived from land
2. Income from agriculture products
3. Income from farm building

HUF account for secondary income:

You can take benefit of tax saving under HUF account if you have any additional income to your salary. You can pay tax on your salary under your name and deposit secondary income into HUF account.

Hindu Undivided Family (HUF) status is available to Hindu, Sikh and Jain families in India. You have to get separate PAN and bank account number. Income Tax Department considers HUF as a separate entity for taxation purpose.

Under section 80C, income tax exemption for individual is Rs.2,50,000 and income tax exemption for HUF is Rs.1,00,000.

You can save tax on both of your entities by investing in tax saving options like under section 80C. You will virtually pay no taxes on your secondary income if you invest 1,00,000 in tax saving instruments.

Inherited Amount through Will:

There is no inheritance tax in India. So anything you get from your parents or uncles through WILL is not taxable in your hands. It becomes your non-taxable income.

House Rent Allowance:

You can claim HRA to save tax on your house rent. This is applicable only if you are not owning any house near to your office. You must be living in rented space and should receive rent receipts from the house owner. You have to submit PAN card copy of your landlord if you are paying more than 100,000 annual rent.
1. The actual HRA received from your employer
2. The actual rent paid by you for the house, minus 10 per cent of your salary (including your allowances)
3. 50 per cent of your basic salary (for a metro) or 40 per cent of your basic salary (for non-metro).

Income from Gratuity:

Gratuity received on retirement or on becoming incapacitated or on termination or any gratuity received by his widow, children or dependents on his death is exempt subject to certain conditions.

The maximum limit of exemption is Rs. 3,50,000.

Meal Coupons:

You can ask your employer to issue you meal coupons (like Sodexo) those are not taxable up to 2600 per month.

Medical Bills:

For salaried persons, medical bills are reimbursed by most of companies. But keep the receipts of your medical expenses which can be used to save tax at year end. You must know that up to 15,000 amount is non-taxable on medical expenses for yourself and your dependents.

Daily Travel Allowance:

You can avail tax benefits on conveyance up to 1600 rupees (Revised) per month from your company. You can save tax on 19,200 per annum on conveyance allowance. You don’t have to submit any bills or proof to avail this tax benefit.

Some companies have the policy of daily travel allowance if an employee is commuting by car or bike. You have to submit original fuel bills to get the tax benefit.  Limit of non-taxable amount varies with your vehicle type and capacity, you have to check with your employer for more details.

 Standard Deduction:

This is proposed in latest budget'2018 by hon' FM. A standard deduction of Rs.50000 in lieu of medical bills reimbursement and daily travel allowance (above stated). It will come into effect from the FY 2018-19.

Section 87A:

As per section 87A, if a resident individual's taxable income is up-to Rs.3,50,000 then he will get the benefit of Rs. 2500 or the amount of tax whichever is lower.

Company Leased Car:

Check with your employer if they have car lease policy. In that case, you will not be allowed to take advantage of Daily Travel Allowance, and you can drive company leased car to save tax on car EMI & fuel.

Telephone/Internet Expenses:

Your employer may not be reimbursing your telephone or internet expenses but may have any policy to make these expenses tax free. You can either get telephone expenses reimbursed or claim tax benefits.

Money under VRS:

If a government or public sector employee takes voluntarily retirement then the amount received is non-taxable with the upper limit of 5 Lacs.

Money Received from Provident Funds (after 5 years):

You will save tax on investments in Provident Account in the year of investment. The good news is that you don’t have to pay taxes on interest received from EPF/PF investments (note that Interest received on Fixed Deposit is taxable).
You have to keep your Provident Fund active for at least five years before you start withdrawing money (however not recommended unless an emergency)

Setting off capital gain:

You have to invest your sale proceedings amount in capital gains, When you sell a property. if you make capital gains on your investments, you attract taxes. However, if you make a loss then Income Tax Department allows you to carry forward your capital loss up to 8 years. Note that you can set off short-term capital gain only with short-term capital loss and long-term capital gain only with long-term capital loss.

Regular Savings under 80C:

Employee Provident Fund:

If your employer has opened an EPF account for you, then you are already investing in a very lucrative investment option. The contribution that you make to your EPF or PF account can be claimed as deduction under section 80C. The interest income & maturity amount that you get as a result is also exempt from tax.

Voluntary Provident Fund:

12% of your basic salary goes as a mandatory investment in your EPF. However, you can choose to invest more (up to 100%) of your basic salary + DA through voluntary contributions. In case you choose to invest more, your EPF becomes your VPF. VPF earns you tax-free interest of 8.4%. Therefore, you can increase your contributions in VPF to get the most out of your deductions under section 80C.

Public Provident Fund:

Other than PF, you can also invest in PPF. It is a good option if you looking for long-term (15 years, you extend 5 years more) investment opportunity. Just like PF, you can get tax deduction on your contributions while resulting interest income & maturity amount stays exempt from tax.


Sukanya Samriddhi Scheme:

This scheme is only available to parents or guardians of a girl child. it is arguably one of the best tax saving investment options available today. Its tax benefits are also covered under section 80C. It offers higher rate of return on investment when compared to remain all government schemes PPF.

*** Read more about this ***

National Pension System:

This scheme is available at all Nationalized Banks and Post Office. It is considered a highly secure option having almost zero risk and you will get pension after 60 years. Your contribution to this scheme makes you eligible for section 80C deduction.

“An additional deduction for investment up to Rs. 50,000 in NPS (Tier I account) is available exclusively to NPS subscribers under subsection 80CCD (1B). This is over and above the deduction of Rs. 1.5 lakh available under section 80C of Income Tax Act.”

5 year post office or Bank time deposit account:

Five year fixed deposits can be opened with any branch of Indian Post Office or Any bank. These deposit accounts work like any other fixed deposit account except that they have a lock-in period of five years and offer good returns and tax deduction.

National Savings Certificate:

Indian postal department provides National Savings Certificates (NSC) scheme to invest your funds and get exemption under section 80C (through post offices).

Senior Citizen Savings Scheme 2004:

An individual of the age of 60 years or more (Age 55 years, who are retired on superannuation or VRS) can invest in this scheme and which also come under section 80C exemption.

Let me know, how much smart you are in your tax saving and share your thoughts and queries in comments below


Saturday, July 11, 2020

BUYING A FORECLOSURE PROPERTY IS GOOD OR BAD IDEA

July 11, 2020 0
BUYING A FORECLOSURE PROPERTY IS GOOD OR BAD IDEA
Buying a foreclosed property is not at all bad idea and more over it can be tricky. Since you are not able to take a tour of the premises before actually investing in it, there is always a possibility that you might end up paying a hefty price for it. So, it is always advised not to follow the process blindly. It is always better to be cautious about an investment than be sorry about it.

What is a foreclosure?
Foreclosures happen when a lender takes a property from an owner who has defaulted on their mortgage and has fallen behind on payments. Lenders, in turn, will try to recoup as much of their investment as possible by selling a foreclosed home for slightly less than it might be worth.

5 steps to buying a foreclosed home
Here are some tips to prepare you before buying a foreclosed home:
  • Find an agent specializing in foreclosures.
  • Do not invest if the property is vacant for long
  • Plan your budget carefully
  • Bid competitively
  • Bid higher if other foreclosures are selling fast.
  • Be prepared to buy a foreclosure in “as-is” condition.
  • Get a pre-approval letter

Find an experienced real estate agent:

Before initiating the purchase, reach out several real estate agents and find the one whom you feel comfortable to connect with. Banks generally hire real estate brokers to look after their properties. Consequently, there are many such agents who might have worked with the banks on previous deals. Browsing through the list of foreclosure listings can give you a fair idea of the properties in your locality, and an agent can actually give you an insight about the deals that are about to come!

Hire an agent who is knowledgeable about the foreclosure process to represent your interests and will keep the transaction moving. One strategy for finding the right agent is to visit websites with a database of foreclosed homes in your desired area. Look for Realtors who have specialized real estate training in this area, such as the Certified Distressed Property Expert (CDPE) or the Short Sales and Foreclosure Resource (SFR) designations.

If you find an agent you want to work with to buy a foreclosed home, ask them to look out for foreclosure properties that meet your criteria. These listings can go fast, so be prepared to move quickly.

Do not invest if the property is vacant for long:

You must consider the amount of time the house has remained vacant. In majority of the cases, it has been found that longer the duration, the more the damages. The assets, including the plumbing, electrical, and air conditioning systems tend to depreciate over a period of time. The property, after a certain time, becomes more of a distressed property that would require major renovations.

Plan your budget carefully:

While investing in a foreclosed property, always keep in mind the additional expenses that you might have to bear. Carefully assess all the repairs and renovations that you want to make and enumerate the expenses accordingly. Before finalising the agreement, make sure you know the prevalent prices pertinent to plumbing, electrical, and other major repairs in the market. This, in turn, will help you avoid generating negative cash flow in the future.

Bid competitively:

While competing in a foreclosure, fix a limit for yourself keeping in mind your budget, the amount of additional expenses, and the means of financing that you would want to avail. An important point of consideration here is that the bank that is selling the property will not provide finance for the same. Therefore, you need to have your options in place beforehand. There are basically two things that you should always keep at the back of your mind. Firstly, the bank is not emotionally attached to the property and has no irrational expectations regarding the price. Secondly, the institute is losing money for every day the property is put on hold. 
Bid the higher price if other foreclosures are selling quickly
There’s no exact formula on what the bank’s bottom line will be, so if foreclosed homes in your area are selling quickly, it’s important to work with your agent to craft a strong offer, backed up by your preapproval letter. In many instances, foreclosures are already discounted so an offer that’s too low might be a non-starter for the bank.
Keep in mind that the type of house and location matter, and some homes might sell faster than others. In competitive markets, you might need to offer asking price (or slightly more if there are multiple bids) and keep contingencies at a minimum.

Be prepared to buy a foreclosed home in ‘as-is’ condition:

When purchasing a foreclosure, the property is usually sold in “as-is” condition. This means that the seller can’t guarantee the property’s condition, such as whether it has termites, structural issues or lead paint, for example, and is unlikely to make repairs.
Since a foreclosure is owned by the bank, there is no one to fix any current issues.
Get a home inspection if you plan to buy a foreclosed home so you know exactly what you’re in store for. A home inspection isn’t required to buy a home, but it can identify major issues the bank isn’t aware of so you can decide whether to move forward with your home purchase — or to walk away from the deal if you included a home inspection contingency in your contract.

Get a pre-approval letter:

Unless you can afford to pay cash, you’ll want a mortgage pre-approval letter in hand when you make an offer on a foreclosure.
“It separates the lookers from the buyers,” he says. Pre-approval letters detail how much money you can borrow, based on the lender’s thorough assessment of your credit score and income.
Find a mortgage lender who understands your goals, and gather the necessary paperwork to obtain a pre-approval letter.
It’s always good to be prepared, Having your proof of funds will make it an easier transaction.

Is buying a foreclosed home a good idea?
Buying a foreclosed home is a personal decision and it depends on a variety of factors, including your risk tolerance and potential reward, financing and ability to move quickly. You could reap big savings if the foreclosure is priced right, so don’t discount this type of listing in your home search. 
  1. Financial gains
  2. High return on investments
  3. Early due diligence
  4. Lower mortgage payments
How to buy a foreclosed home: Get a loan or pay in cash?
Foreclosures tend to get scooped up by real estate investors who often pay in cash. Don’t let that discourage you; many lenders will help you find the right financing to buy a foreclosed home. If you’re up against cash offers, though, make sure your offer is a competitive one.

Your lender will require an appraisal to assess the home’s value so keep that in mind when making your offer. If there’s a shortfall between your offer and the home’s appraised value, you may have to make up the difference in price if the bank (the seller) doesn’t budge.



Sunday, May 31, 2020

Tax on Trading / Investing income in Stock Market

May 31, 2020 0
Tax on Trading / Investing income in Stock Market
In present days, the best investing option / passive income option is investing / trading (Day trader / swing trader). But what about the tax implications on income generated from them. Here is the article to give you full clarifications all about tax on your investing / trading income.
Speculative business income – Income from intraday equity trading is considered as speculative. It is considered as speculative as you would be trading without the intention of taking delivery of the contract.
Non-speculative business income – Income from trading F&O (both intraday and overnight) on all the exchanges are considered as non-speculative business income as it has been specifically defined this way. F&O is also considered as non-speculative as these instruments are used for hedging and also for taking/giving delivery of the underlying contracts. Even though currently almost all equity, currency, & commodity contracts in India are cash-settled, but by definition, they give rise to giving/taking delivery (there are a few commodity futures contracts like gold and almost all agri-commodity contracts with the delivery option to it).Income from shorter-term equity delivery based trades (held for between 1 day to 1 year) are also best to be considered as non-speculative business income if the frequency of such trades executed by you is high or if investing/trading in the markets is your main source of income.
1. Gains from Equity Shares
a. Short-term capital gains and losses

If equity shares listed on a stock exchange are sold within 12 months of purchase, the seller may make short term capital gain or incur short-term capital loss.

The seller makes short-term capital gain when shares are sold at a price higher than the purchase price.

Calculation of Short-term capital gain = Sale price(less)  Expenses on Sale (less)  Purchase price

For Example: 
My salary – Rs.1,000,000/-
Short term capital gains from delivery based equity – Rs.100,000/-
Profits from F&O trading – Rs.100,000/-
Intraday equity trading – Rs.100,000/-
Gives these incomes for the year, what is my tax liability?
 In order to find out my tax liability, I need to calculate my total income by summing up salary, and all business income (speculative and non-speculative). The reason capital gains are not added is that capital gains have fixed taxation rates unlike a salary, or business income.
 Total income (salary + business) = Rs.1,000,000 (salary income) + Rs.100,000 (Profits from F&O trading) + Rs.100,000 (Intraday equity trading)  = Rs 1,200,000/-
 Now i have to pay tax on Rs 12,00,000/- based on the tax slab –
 0 – Rs.250,000 : 0% – Nil
250,000 – Rs.500,000 : 10% – Rs.25,000/-
500,000 – Rs.1,000,000 : 20% – Rs.100,000/-,
1,000,000 – 1,200,000: 30% – Rs.60,000/-

Read: New Income Tax Slab Rates

Hence total tax : 25,000 + Rs.100,000 + Rs.60,000 = Rs.185,000/-
Now, I also have an additional income of Rs.100,000/- classified under short term capital gains from delivery based equity. The tax rate on this is flat 15%.
 STCG: Rs 100,000/-, so at 15%, tax liability is Rs.15,000/-
 Total tax = Rs.185,000 + Rs.15,000 = Rs.200,000/-

 I hope this example gives you a basic orientation of how to treat your income and evaluate your tax liability.
Long-term capital gains and losses
If equity shares listed on a stock exchange are sold after 12 months of purchase, the seller may make long-term capital gain or incur long-term capital loss.

Before the introduction of budget 2018, long-term capital gain made on sale of equity shares or equity-oriented units of mutual fund was exempt from tax under Section 10(38)

As per the provisions of the Financial Budget of 2018, if a seller makes long term capital gain of more than Rs. 1 lakh on sale of equity shares or equity-oriented units of mutual fund, the gain made will attract a capital gains tax of 10% long-term capital gains tax. Also, the benefit of indexation will not be available to the seller. These provisions apply to transfers made on or after 1 April 2018.

Taxation of Gains from Equity Shares
a. Tax on short-term capital gains
Short term capital gains are taxable at 15%. What if your tax slab rate is 10% or 20% or 30%? Special rate of tax of 15% is applicable to short term capital gains, irrespective of your tax slab. Also, if your total taxable income excluding short term gains is below taxable income i.e Rs 2.5 lakh – you can adjust this shortfall against your short term gains. Remaining short term gains shall be then taxed at 15% + 4% cess on it.

b. Tax on long-term capital gains
Long term capital gain on equity shares listed on a stock exchange are not taxable up to the limit of Rs 1 lakh.

As per the amendments in budget 2018, the long term capital gain of more than Rs 1 lakh on the sale of equity shares or equity-oriented units of the mutual fund will attract a capital gains tax of 10% and the benefit of indexation will not be available to the seller.These provisions apply to transfers made on or after 1 April 2018.

Loss from Equity Shares
a. Short-term capital loss
Any short term capital loss from sale of equity shares can be set off against short term or long term capital gain from any capital asset. If the loss is not set off entirely, it can be carried forward for a period of 8 years and adjusted against any short term or long term capital gains made during these 8 years.

It is worthy to note that a taxpayer will only be allowed to carry forward losses if he has filed his income tax return within the due date. Therefore, even if the total income earned in a year is less than the minimum taxable income, filing an Income Tax Return is a must for carrying forward these losses.

b. Long-term capital loss
Long term capital loss from equity shares until Budget 2018 was considered to be a dead loss – It can neither be adjusted nor carried forward. This is because Long Term Capital gains from listed equity shares were exempt. Similarly, losses from them were neither allowed to be set off nor carried forward.

Read: How to analyse Operating Statement


After the Budget 2018 has amended the law to tax such gains made in excess of Rs 1 lakh @ 10%, the government has also notified that any losses arising from such listed equity shares, mutual funds etc would be allowed to be carried forward. The income tax department has vide its FAQs issued dated 4 February 2018, inter alia clarified that long term capital loss from a transfer made on or after 1 April 2018 will be allowed to be set-off and carried forward in accordance with existing provisions of the Act. Therefore, the long term capital loss can be set-off against any other long term capital gain and unabsorbed long term capital loss can be carried forward to subsequent eight years for set-off against long term gains.

Securities Transaction Tax (STT)
STT is applicable on all equity shares which are sold or bought on a stock exchange. The above tax implications are only applicable for shares which are listed on a stock exchange. Any sale/purchase which happens on a stock exchange is subject to STT. Therefore, these tax implications discussed above are only for shares on which STT is paid.

Guidance for treating share sale as business income
Certain taxpayers treat gains or losses from the sale of shares as ‘income from business’, while certain others treat it as ‘Capital gains’. Whether your gains/losses from sale of shares should be treated as business income or be taxed under capital gains, has been a matter of much debate. In case of significant share trading activity (e.g. if you are a day trader with lots of activity or if you trade regularly in Futures and Options), usually your income is classified as income from business. In such a case you are required to file an ITR-3 and your income from share trading is shown under ‘income from business & profession’.

Calculation of income from business v. capital gains

When you treat the sale of shares as business income, you are allowed to reduce expenses incurred in earning such business income. In such cases, the profits would be added to your total income for the financial year, and consequently be charged at tax slab rates.

If you treat your income as capital gains, expenses incurred on transfer are deductible. Also, long term gains from equity above Rs 1 lakh annually are taxable, while short term gains are taxed at 15%.

Read: Tax on NRI property Sale in india


Speculative losses can be carried forward for 4 years and can be set-off only against any speculative gains you make in that period.
 Non-speculative losses can be set-off against any other business income except salary income the same year. So they can be set-off against bank interest income, rental income, capital gains, but only in the same year.

 You carry forward non-speculative losses to the next 8 years; however, do remember carried forward non-speculative losses can be set-off only against any non-speculative gains made in that period.
Offsetting Speculative and non-speculative business income
Speculative (Intraday equity) loss can’t be offset with non-speculative (F&O) gains, but speculative gains can be offset with non-speculative losses.
 If you incur speculative (intraday equity) loss of Rs.100,000/- for a year, and a non-speculative profit of Rs 100,000/-, then you cannot net-off each other and say zero profits. You would still have to pay taxes on Rs 100,000/- from non-speculative profit and carry forward the speculative loss.
What is tax-loss harvesting?
Towards the end of a financial year, you might have realized profits and unrealized losses. If you let it be, you will end up paying taxes on realized profits and carrying forward your unrealized losses to next year. This would mean a higher tax outgo immediately, and hence any interest that you could have earned on that capital which goes away as taxes. To avoid more taxes on these, you can ask your brokerage company to provide tax loss harvesting report.
BTST (ATST) – Is it speculative, non-speculative, or STCG?
BTST (Buy today Sell tomorrow) or ATST (Acquire today sell tomorrow) is quite popular among equity traders. It is called BTST when you buy today and sell tomorrow without taking delivery of the stock.
 Since you are not taking delivery, should it be considered as speculative similar to intraday equity trading?
 There are both schools of thought, one which considers it to be speculative because no delivery was taken. However, I come from the second school, which is to consider it as non-speculative/STCG as the exchange itself charges the security transaction tax (STT) for BTST trades similar to regular delivery based trades. A factor to consider is if such BTST trades are done just a few times in the year show it as STCG, but if done frequently it is best to show it as speculative business income.


How to treat sale of unlisted shares in this context

However, in case of sale of unlisted shares for which no formal market exists for trading, the department has given its view. Income arising from transfer of unlisted shares would be taxed under the head ‘Capital Gain’, irrespective of period of holding, with a view to avoid disputes/litigation and to maintain uniform approach.

Any clarification / suggestion, please comment below. Share if it is useful to others.