Long term capital gain tax

Tax planning 1471 views 10 replies

PLS HELP ME

 

I WAS BOUGHT SHARE FROM MY COMPANY UNDER ESOP OPTION FOR  RS 75000/-

AND SELL THE SHARE TO THE COMPANY UNDER BUYBACK FOR RS. 2100000/-

CAPITAL GAIN IS LONG TERM CAPITAL GAIN AND WITH OUT SECURITY TRANSACTION TAX 

SALE TRANSACTION IS COMPLETED IN MARCH 2013

PLS REPLY HOW MUCH TAX IS PAYABLE ON THE ABOVE CAPITAL GAIN.

I AM CONFUSED WHETHER 20% OR 10% TAX . PLS SUGGEST. 

Replies (10)

Dear Shruti,

 

If the shares are given back to the company under buy back, the whold of the gain is exempt under section 10(34A) of the Act, which is newly inserted by the Finance Act, 2013.

 

Hence, you need not pay any tax on the gain. Just declare the amount under exempt incomes in the Return of Income that you will be filing.

 

If you have any more queries, feel free to ask..

 

Yes, There is no need to pay tax in the above situation as per Section 10 (34A) of the act which may be summarized as follows:

W.e.f. 1.6.2013, the domestic company shall be liable to pay additional income tax @  20% (plus surcharge + cess) on any amount of distributed income paid by the company on buy back of shares as per Section 115QA.

Since, the company has to pay additional income-tax on buy back of shares, any income arising to an assessee, being a shareholder, on account of buy back of shares (not being listed on recognised stock exchange), shall be exempt.

Pls read carefully. transaction is completed in March 2013
my view is that tax is 10% without indexation. are u agree with me
20% after indexation....
can I pay 10% tax on capitalgain.

<h2 justify;\"="" style="border: 0px; font-family: 'Open Sans', 'Helvetica Neue', Helvetica, Arial, sans-serif; font-size: 1.4em; font-weight: inherit; margin: 0px 0px 0.8125em; outline: 0px; padding: 0px; vertical-align: baseline; clear: both; color: rgb(0, 0, 0); line-height: 2.6;">no u cannot pay tax @ 10%....if the STT paid then in long term the whole gain is exempt and in short term it will be taxed @ 15%.....

 if STT not paid then LTCG shall be taxable at 20%. In addition to this, surcharge, if applicable, as well as education cess will have to be applied.

 

Absolutely perfect as said by pooja

sir,  will it make any difference in calculating tax liability  if any STT have been paid ????

I think you have paid 20 % tax of  capital gain income.

 


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