LONG TERM CAPITAL LOSS ON SALE OF SHARES RECEIVED AS GIFT

ABC holds 1 Lac equity  shares of XYZ Ltd acquired in 2000 @ Rs 10/- each. The current market rate for these shares is Rs 5/-.  ABC has gifted this shares to XXX Family Trust in 2009.

If in the FY 2010-2011 if XXX Family Trust sells these shares in off market transaction at the market rate of Rs 5/- per share, how will the capital loss be computed.

1)      Can XXX Family Trust claim indexation benefits ?

2)      Can it claim long term capital loss @ Rs 10/- (plus indexation if applicable) less Rs 5/- market rate ?

3)      Can this long term capital loss be used to offset against long term capital gains on sale of property in the FY 2010-2011 ?

Replies (1)

long term gain/loss on transfer of equity shares is exempt u/s 10(38) if STT is levied on the sale..

so this loss will not be considered at all...

 

in case of gift, we also consider the time of holding of previous owner to chck whether its LT OR ST..

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