Article discusses about Short-Term Capital Gains (STCG) under section 111A, its related examples, Adjustment of STCG under section 111A against the basic exemption limit and Deductions allowed against STCG u/s 111A.
Page Contents
- Short-Term Capital Gains (STCG) arising on account of sale of equity shares listed in a recognised stock exchange, units of equity oriented mutual fund and units of business trust i.e., STCG covered under section 111A
- Examples of STCG covered under section 111A :
- Some Illustrations of STCG Under Section 111A:
- Adjustment of STCG under section 111A against the basic exemption limit
- Deductions under section 80C to 80U and STCG
Section 111A is applicable in case of STCG arising on transfer of equity shares or units of equity oriented mutual-funds (*) or units of business trust, which are transferred on or after 1-10-2004 through a recognised stock exchange and such transaction is liable to securities transaction tax (STT).
(*) Equity oriented mutual fund means a mutual fund specified under section 10(23D) and 65% of its investible funds, out of total proceeds are invested in equity shares of domestic companies.
If the conditions of section 111A as given above are satisfied, then the STCG is termed as STCG covered under section 111A. Such gain is charged to tax at15% (plus surcharge and cess as applicable).
With effect from Assessment Year 2017-18, benefit of concessional tax rate of 15% shall be available even where STT is not paid, provided that
– transaction is undertaken on a recognised stock exchange located in any International Financial Service Centre, and
– consideration is paid or payable in foreign currency
Examples of STCG covered under section 111A :
- STCG arising on sale of equity shares listed in a recognised stock exchange, which is chargeable to STT.
- STCG arising on sale of units of equity oriented mutual fund sold through a recognised stock exchange which is chargeable to STT.
- STCG arising on sale of units of a business trust
- STCG arising on sale of equity shares, units of equity oriented mutual fund or units of a business trust through are cognised stock exchange located in any International Financial Services Centre and consideration is paid or payable in foreign currency even if transaction of sale is not chargeable to securities transaction tax (STT).
Some Illustrations of STCG Under Section 111A:
Illustration 1
Mr. ABC sold equity shares of SBI Ltd. Through Bombay Stock Exchange after holding them for a period of 8 months. What will be the tax rate applicable on the STCG?
Ans.: The STCG in this case is covered under section 111A and, hence, will be charged to tax @ 15% (plus surcharge and cess as applicable).
Illustration 2
Mr. XYZ sold units of an equity oriented mutual fund in Bombay Stock Exchange after holding them for a period of 8 months. What will be the tax rate applicable on the STCG?
Ans.: The STCG in this case is covered under section 111A and, hence, will be charged to tax @ 15% (plus surcharge and cess as applicable).
Illustration 3
Mr. PQR sold units of debt fund after holding them for a period of 8 months. What will be the tax rate applicable on the STCG?
Ans.: The gain in this case is not covered under section 111A and is normal STCG and, hence, will be charged to tax at normal rate applicable to Mr. PQR. The normal rate applicable to Mr. PQR will be determined on the basis of his total income.
Adjustment of STCG under section 111A against the basic exemption limit
Only a resident individual and resident HUF can adjust the exemption limit against STCG covered under section 111A. Thus, a non-resident individual/HUF cannot adjust the exemption limit against STCG covered under section 111A.
A resident individual/HUF can adjust the STCG covered under section 111A against the basic exemption limit but such adjustment is possible only after making adjustment of other income. In other words, first income other than STCG covered under section 111A is to be adjusted against the exemption limit and then the remaining limit (if any) can be adjusted against STCG covered under section 111A.
Deductions under section 80C to 80U and STCG
No deduction under sections 80C to 80U is allowed on short-term capital gains referred to in section 111A. However, such deductions can be claimed from STCG other than covered under section 111A.
Republished with Amendments
curious to know the notification details of below
With effect from Assessment Year 2017-18, benefit of concessional tax rate of 15% shall be available even where STT is not paid, provided that – transaction is undertaken on a recognised stock exchange located in any International Financial Service Centre, and – consideration is paid or payable in foreign currency
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YOU HAVE NOT CITED ANY CASES UBDER SECT> !!!A.
Cases at Tribunal,H.C. and S.C. are very helpful in arguments by A.O.s who try and show the STCG as business.
If someone has short term gain and long term loss from shares in the same year, can both of these be adjusted ??
Can STT for both purchase and sale of shared be included in the cost of acquisition for computing short term capital gains?
i have a salary income . I also received 40,000 from stocks (short term capital gain i.e all profits made within a year) after giving all brokerage and STT taxes. Could you please let me know what extra tax I need to pay wrt stocks. ITR1 or ITR2?
I have a salary income 1500000 annually . I also received 400000 from stocks (short term capital gain i.e all profits made within a year) after giving all brokerage and STT taxes. Could you please let me know what extra tax I need to pay wrt stocks.
Dear Sir,
If my taxable income from salary is Rs 4 Lac and I have a share income (within 12 months) from D’Mart ipo of amount 14000.00 and paid STT on it. My question is that my tax has been deducted on salary part do I have to pay tax on share income also, if yes, please also confirm the rate applicable.
your STCG from ipo would be taxable @15+cess as you have no cushion left of your slab rate and you can not take any deduction on this gain
IF THE BONUS SHARES HELD IN A LISTED COMPANY SAY IN THE CASE OF itc RECENTLY BONUS SHARE WAS GIVEN. IF SUCH SHARE IS SOLD AFTER ONE YEAR FROM THE DATE OF ALLOTMENT IT WOULD NOT BE SUBJECT TAX IN THE FORM OF SHORT TERM CAPITAL GAIN. I’AM CORRECT. PLEASE CLARIFY. KIND REGARDS KTHYAGARAJAN email id kthyagarajan51@gmail.com
Sir, my Total Income is Rs.234489 in which short term capital gain on shares is Rs. 5732. Then what is the Taxable Amount for Individual man below 65years for F.Y.2014-15?
How to show the short term capital gains/loss shown in Income Tax return for F&O and commodities. Whether it is to be shown in Income return Capital Gain section 2 (1).
Excellent
sir, what is the rate of short term capital gain on land? If my Total Income is Rs.390480 in which short term capital gain on land is Rs.213960. Then what is the Taxable Amount for Individual man below 65years for F.Y.2011-12?