I live in Pallavaram, Chennai and working in MNC. Recently, I have sold RSU in US stock exchange and money got tranferred to my account through wire-tranfer. I am looking for CA who could help me in calculating the tax on that amount.
Ravi Masadi (6 Points)
10 August 2017I live in Pallavaram, Chennai and working in MNC. Recently, I have sold RSU in US stock exchange and money got tranferred to my account through wire-tranfer. I am looking for CA who could help me in calculating the tax on that amount.
neeraj gupta
(1138 Points)
Replied 10 August 2017
What ever is your vesting price should be used as acquisition cost. And based on the selling price you can calculate capital gain/loss. Remember your company has already deducted the tax on the price appreciation from 0 to vesting price, since this is RSU.
Example
Vesting price = $10
Selling price = $15
Capital Gain = $5 per share.
Ravi Masadi
(6 Points)
Replied 10 August 2017
Thank you for the reply.
I have sold these RSU on March 30, 2017. Holding period for some RSU is more than 24 months and holding period for some RSU is more than 15 months. Will all these RSU comes under long term capital gain? how is the tax liability for these capital gains?
neeraj gupta
(1138 Points)
Replied 10 August 2017
Shares for unlisted companies i.e. companies not listed on Indian exchanges have long term duration threshold of 2 years. This has come into effect from last financial year.
So your RSUs held for >24 months would have long term capital gainof 20% with indexation
RSUs < 24months would have short term capital gain and would be taxed as per your regular income.
Refer to these links:
https://www.incometaxindia.gov.in/tutorials/15-%20ltcg.pdf (page 3)
https://www.quora.com/How-are-long-term-capital-gains-taxed-in-India-for-shares-held-in-India-and-shares-held-abroad-by-Indian-residents
Ravi Masadi
(6 Points)
Replied 30 November 2017
Thank you for the reply.
In the below income tax website page, I see a note under "Rates of tax on capital gains", which says "Now exemption from long term capital gains under section 10(38) shall be available w.e.f April 1, 2017 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
"
https://www.incometaxindia.gov.in/pages/Individual-specific-content.aspx
Does it mean the capital gains on foreign equities which are more than 24 months old are TAX Free from 1st April 2017?
I have copy and pasted the para for your reference.
|
1. Short Term Capital Gains
a) Short-term capital gains shall be included in the gross total income of the taxpayer and will be taxed at the normal rates;
b) Short-term capital gains arising from transfer of Equity Shares, Units of an Equity Oriented Funds or a unit of a business trust which is chargeable to securities transaction tax shall be taxed at 15% under Section 111A;
Note:-
Now benefit of reduced rate of tax (i.e., 15%) shall be available w.e.f. 1-4-2016 even in respect of income arising from transfer of units of a business trust which were acquired by assessee in lieu of shares of special purpose vehicle as referred to in section 47(xvii).
2. Long Term Capital Gains
a) Long-term capital gains are subject to tax at 20%;
b) Long-term capital gains arising from transfer of listed securities, units or a zero coupon bonds shall be taxable at lower of following:
i. 20% after taking benefit of indexation; or
ii. 10% without taking benefit of indexation.
c) Long-term capital gains arising from transfer of listed securities, units of equity oriented or a unit of business trust which is chargeable to STT shall be exempt from tax under Section 10(38).
Note:
1. Now exemption from capital gains under Section 10(38) shall be available w.e.f. 1-4-2016 even in respect of long-term capital gains arising from transfer of units of a business trust which were acquired in lieu of shares of special purpose vehicle as referred to in section 47(xvii) and on which securities transaction tax has been paid.
2. Now exemption from long term capital gains under section 10(38) shall be available w.e.f April 1, 2017 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