Taxability of ltcg


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23 November 2013 My client has sold Shares of private limited company. There is LTCG.

I want to know whether LTCG on sales of PRIVATE LIMITED company is taxable at flat rate of 20% or any exemption is available under any section.

Since it is a private company, it cant be a listed company and its shares cannot be traded in a stock exchange.

Thanks.

23 November 2013 Indexation will be allowed.

.
You may refer Section 54F and Section 54EC, for getting exemption.

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23 November 2013 there is no exemption under those sections. I just want to confirm rate of tax i.e 20%

23 November 2013 Yes sir, rate of tax is 20% for LTCG.

23 November 2013 you may take 10% rate without availing Indexation benefit

23 November 2013 If you dont use indexation, then you can pay 10% tax on LTCG.

Rather you can work out tax liability with and without indexation and then choose the lower one.

23 November 2013 Though as per proviso to section 112, 10% rate has been prescribed, but the same is applicable in case of listed securities or units or zero coupon bonds. In this particular case of Pvt Ltd Co shares, 10% rate is thus not applicable. Hope experts will agree with me.


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