Long Term Capital Gains on transfer of equity shares, units of equity oriented fund and units of business trust shall be taxed under Sec 112A, as the exemption u/s 10(38) has been withdrawn with effect from 1st April 2018.
At present, the Long term capital gains arising from the transfer of capital assets, being equity shares of a company or an unit of equity oriented fund or an unit of business trust, are exempt u/s 10(38) as per the specified conditions in the said section. However, such transactions are liable to Securities Transaction Tax (STT), which was introduced in year 2004.
Finance Act 2018 provides that Sec 10(38) will not be applicable to any income arising from the transfer of long-term capital asset, being ,
a) an equity share in a company or
b) a unit of an equity oriented fund or
c) a unit of a business trust,
made on or after the 1st April 2018.
Following are the amendments made by Finance Act 2018, regarding the Long Term Capital Gains:
i. A new Section 112A has been inserted, with effect from FY 2018-19 / AY 2019-20. This section is applicable if:
Tax on such Long term capital gains shall be 10% on the gains exceeding Rs. 1 Lakhs.
ii. First and second provisos of Sec 48 shall not apply to the capital gains arising from the transfer of a long-term capital asset being an equity share in a company or a unit of an equity oriented fund or a unit of a business trust referred to in section 112A.
Accordingly, he benefits of indexation (second proviso to Sec 48) or the benefit of computation of capital gains in foreign currency in the case of non-residents (first proviso to Sec 48), shall not be given.
iii. As per Section 55, Cost of Acquisition for the assets referred to in Section 112A acquired before 1st February 2018, shall be higher of :
1. Cost of acquisition of such asset
2. Lower of:
a. Fair market value of such asset
b. the full value of consideration received or accruing as a result of the transfer of the capital asset
Note: Fair market value means,—
|Case||Fair Market Value|
|When the capital asset is listed on any recognised stock exchange as on the 31st day of January, 2018||The highest price of the capital asset quoted on such exchange on the said date.
If there is no trading on the 31st day of January, 2018, FMV shall be the highest price of such asset on such exchange on a date immediately preceding the 31st day of January, 2018 when such asset was last traded.
|Where the capital asset is a unit which is not listed on a recognised stock exchange as on the 31st day of January, 2018||Net asset value of such unit as on the said date|
|In case of equity share, which is:
a) not listed on a recognised stock exchange as on the 31st day of January, 2018 but listed on such exchange on the date of transfer
b) listed on a recognised stock exchange on the date of transfer and which became the property of the assessee in consideration of share which is not listed on such exchange as on the 31st day of January, 2018 by way of transaction not regarded as transfer under section 47
|An amount which bears to the cost of acquisition the same proportion as Cost Inflation Index for the financial year 2017-18 bears to the Cost Inflation Index for the first year in which the asset was held by the assessee or for the year beginning on the first day of April, 2001, whichever is later.|
Grandfathering of Long term capital gains till 31st January 2018
As per the specified method of calculating Cost of acquisition, for Sec 112A specified assets acquired before 1st February 2018, the gains accrued till 31st January 2018 have been made exempt.
This can be understood, with the help of following example:
|Date of Purchase||01.01.2016|
|Date of Sale||01.05.2018|
|Cost of Purchase||100000|
|FMV as on 31.01.2018||150000|
As per Section 55, Cost of acquisition will be higher of:
a) Rs. 100000
b) Lower of:
(i) Rs. 150000
(ii) Rs. 400000
Hence, cost of acquisition is Rs. 150000
So, capital Gains:
Sale consideration Rs. 400000
Less: Cost of acquisition Rs. 150000
Long term capital gain Rs. 250000
So, we can see that total Long term capital gain is Rs. 300000, but as per specified provisions of Income tax act, capital gain comes out to Rs. 250000. Hence, gain of Rs. 50,000 accrued till 31st January 2018 has been exempted.