Comparison between Computation and Taxability of Capital Gain of Listed and Unlisted Shares



Quick Summary
This article breaks down the crucial differences in how capital gains are calculated and taxed for shares listed on stock exchanges versus those that aren't. It highlights variations in definitions, trading methods, Securities Transaction Tax (STT) implications, and the holding periods required to qualify for long-term capital gains. Furthermore, it explains how selling prices are determined, the availability of indexation benefits, and the differing tax rates applicable to both types of shares.

We have always discussed in length about the capital gains and its taxability. But, how many of us have noticed that Computation of capital gain and its taxability is different for listed shares and unlisted shares?

Listed vs Unlisted Shares: Capital Gains Tax Explained

Through this article let us compare both-

Particulars

Listed Shares

Unlisted Shares

Meaning

Shares which are listed in any of the stock exchanges such as National Stock Exchange(NSE) or Bombay Stock Exchange(BSE) are known as Listed Shares.

Unlisted shares are those shares that are not listed in any stock exchange i.e. National Stock Exchange(NSE) or Bombay Stock Exchange(BSE)

Trading

Listed shares are traded in Stock Exchanges.

Shares are traded in the Over the Counter Market. The shares can be purchased and sold through brokers or direct sellers and purchasers

STT

Shares are traded in stock exchanges and therefore, STT is levied

As shares are not traded in Stock Exchanges, no STT is levied.

Classification as Long Term and Short Term

The Listed shares shall be considered as long term if held for a period exceeding 12 months. If the holding period is less than 12 months, then it shall be considered as short term.

The Unlisted shares shall be considered as long term if held for a period exceeding 24 months. If the holding period is less than 24 months, then it shall be considered as short term.

Selling Price for Computation of Capital Gain

The purchase price and selling price is readily available as it is traded in the stock exchange.

For calculation of selling price, first fair market value of the shares sold must be determined. Fair market value is then compared with the actual selling price and higher of the actual selling price and fair market value shall be considered as sale consideration for computation of capital gain. The Fair Market Value is calculated by a Merchant Banker or Chartered Accountant.

Benefit of Indexation

No Benefit of Indexation is provided while computing Capital Gains

Benefit of Indexation is provided while computing Long Term Capital Gains.

Rate of Tax

Long Term Gains are exempt from tax upto Rs. 1 lakh. Any long Term Gain exceeding Rs. 1 lakh is taxable at the rate of 10%. Short Term Capital Gains are taxable at the rate of 15%.

Long Term Capital Gains are taxable at the rate of 20% after indexation and if in case Unlisted shares are held by a non resident, then long term capital gains shall be taxed at the rate of 10% without indexation. Short Term Capital Gains are taxed at slab rates.

Set off and Carried Forward of Losses

Long Term Capital Loss can be set off against Long Term Capital Gain only and Short Term Capital Loss can be set off against Short Term Capital Gain as well As Long Term Capital Gain. Remaining Loss can be carried forward for the next 8 years

Long Term Capital Loss can be set off against Long Term Capital Gain only and Short Term Capital Loss can be set off against Short Term Capital Gain as well As Long Term Capital Gain. Remaining Loss can be carried forward for the next 8 years

 
 

FAQ :

Listed shares are those traded on recognised stock exchanges like the NSE or BSE, whereas unlisted shares are not listed on any stock exchange and are traded elsewhere, such as the Over-the-Counter market.

For listed shares, a holding period exceeding 12 months qualifies for long-term capital gains. For unlisted shares, the holding period must exceed 24 months to be considered long-term.

STT is levied on listed shares as they are traded on stock exchanges. Unlisted shares, not being traded on stock exchanges, do not have STT levied on them.

The benefit of indexation is not provided when computing capital gains for listed shares. However, it is available for computing long-term capital gains on unlisted shares.

For unlisted shares, the selling price for capital gains computation involves determining the fair market value, calculated by a Merchant Banker or Chartered Accountant. The higher of the actual selling price and the fair market value is considered the sale consideration.


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