Problems and Answers - Section 115QA & 115F of the Income Tax Act 1961



Quick Summary
This article explores two key sections of the Income Tax Act, 1961: Section 115QA, which deals with tax implications for companies on share buybacks, and Section 115F, concerning exemptions for Non-Resident Indians (NRIs) on capital gains from foreign exchange assets. It provides practical examples and calculations to clarify these provisions.

INCOME TAX QUESTIONS ANSWERS SERIES PART -III Sub: Section 115QA Section 115F of the Income Tax Act, 1961 Dear Friends, Today we are going to consider two problems based on provisions of Section 115QA and Section 115F of the Income Tax Act, 1961 respectively. PROBLEM 1 Mr. X, a
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FAQ :

Under Section 115QA, a domestic company distributing income through share buybacks must pay income tax at 20%, plus surcharge and cess, totalling approximately 23.30%.

No, income arising to shareholders from a company's share buyback is generally exempted from income tax under Section 10(34A) to avoid double taxation.

An NRI can claim exemption on long-term capital gains from foreign exchange assets if they reinvest the net consideration in specified assets within six months of the transfer.

If the new asset is transferred or converted into money within three years of acquisition, the previously exempted capital gains become taxable in the year of transfer.

No, whether the shares are listed on a recognised stock exchange or not, the income to shareholders from a buyback is exempted under Section 10(34A), and the tax is levied on the company under Section 115QA.




About the Author

Associate Vice President - Secretarial & Compliance (SBI General Insurance Co. Ltd.)

Dear Friends, MyselfFCSDeepak P. Singh ( B.Sc.. LLB, FCS. FIII, CIAFP, CRMP, ID) , A Fellow Member of ICSI, Law Graduate ,Fellow Member of Insurance Institute of India, Certified Independent Director ,Certified Insurance Anti Fraud Professional , Certified Risk Governance Professional ( ICSI-III) and cleared Limited I ... Read more

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