Rajiv gandhi equity savings scheme (rgess), 2012- faqs

7. I have opened a demat account as on 15th June 2012. I have not purchased any

transactions till date. Will I be eligible for tax deduction under 80CCG of IT Act 1961?

Yes, though you have opened a demat account before 23rd November 2012 (date of notification) but have not made any transactions in the equity or the derivative segment, you are eligible to claim deduction under 80CCG of IT Act 1961 subject to satisfying the other eligibility conditions.

8. I have opened a demat account as on 20th November 2012 and bought 10 shares of

"Larsen & Toubro Ltd". Will I be eligible for claiming tax deduction under 80CCG of IT

Act 1961?

No, as you have opened a demat account before notification of RGESS Scheme (i.e. 23rd November 2012) and also purchased equity shares, you are not a "new retail investor" as defined in the notification and will not be eligible for claiming a deduction under 80CCG of IT Act 1961.

9. I already own a few shares of a company which is currently a constituent of CNX 100.

The shares are in physical form and not dematerialized. I opened a demat account on 2nd January 2013 and have not entered into any transactions till date. Will I be eligible

to avail tax benefits under 80CCG of IT Act 1961?

The Notification does not explicitly debar resident individuals owning physical shares from claiming RGESS income tax benefits. Since the demat account is opened after the date of notification of the RGESS Scheme you will be eligible to avail tax benefits under Section 80CCG of IT Act 1961.

10. Has the notification laid down where I can invest to claim income tax benefits under

Section 80CCG?

Yes, the Notification has provided a list of eligible securities into which investment up to a maximum of Rs. 50,000 may be made to avail tax benefits under Sec 80CCG.

11. What are "Eligible Securities" defined under the RGESS?

Eligible securities as defined under RGESS are -

i. Equity shares of companies representing "BSE-100" Index or "CNX- 100" Index including

their Follow on Public offers (FPO)

ii. Equity shares of Maharatna, Navratna or Miniratna public sector enterprises and their

FPOs;

iii. Units of Exchange Traded Funds (ETFs) or Mutual Fund (MF) schemes investing in RGESS

eligible shares provided these units are listed and traded on stock exchange and settled through depository mechanism.

iv. Initial Public Offer(IPO) of a PSU wherein the government shareholding is at least 51%

which is scheduled for getting listed in the relevant previous year and whose annual turnover is not less than four thousand crore rupees during each of the preceding three years;

13. If I have bought 10 shares of State Bank of India as on 25th November 2012. Can I claim

for a deduction under 80CCG of IT Act 1961?

Yes, you can claim a deduction under 80CCG of IT Act, provided you have not traded in equity or derivatives segment before the date of notification of the scheme ie. 23rd November 2012.

'State Bank of India" is a component of both CNX 100 and BSE 100. Share of SBI is a eligible security under the RGESS Scheme. Therefore you are eligible to claim deduction under 80CCG of IT Act 1961.

14. I have opened a demat account as on 22nd December 2012 and bought 50 shares of

"Coromandel Engineering Company Ltd." for the first time. Can I claim a deduction

under 80CCG of IT Act 1961?

No. Though you have opened a demat account after 23rd November 2012, Coromandel Engineering Company Ltd is not a RGESS eligible security because it is neither a component of BSE 100 or CNX 100 Indices nor a Maharatna, Navratna or Miniratna. Therefore you will not be allowed a tax deduction under 80CCG of IT Act 1961 for this security.

15. I already own units in an open-ended equity mutual fund Scheme which I invested on

the 3rd December 2012? Will this investment qualify for Sec 80CCG?

Only such mutual fund schemes whose units are listed and traded on stock exchange and settled through depository mechanism will qualify for Sec 80CCG benefits. Since open-ended mutual fund schemes are currently not allowed to be listed on the Stock Exchange, your investment will not qualify for Sec 80CCG.

16. Is there a maximum limit for investing in RGESS eligible securities?

There is no cap on the amount of investment in RGESS eligible securities. However, income tax deduction benefits under the Scheme will be available only for a maximum investment amount of Rs. 50,000. This deduction benefit is available only in the year of investment.

17. Can you provide an illustration for the tax benefits under 80CCG of IT Act 1961?

The illustration for the tax benefits is as below-

Amount (Rs.)

Amount Invested in RGESS

Maximum Eligible investment in RGESS

50% deduction on RGESS Deduction

Tax Savings under RGESS

10% Tax Bracket 20% Tax Bracket

50,000  50,000  25,000

2,500 5,000
75,000 50,000 25,000

2,500 5,000

1,500 3,000

Note- Deduction under 80CCG is available only where gross total annual income doesn't

exceed Rs.10 lacs

18. Is the tax benefit for investment in RGESS over and above of Rs. 1 lakh deduction

currently available under section 80C of IT Act 1961?

Yes, Section 80C is a separate section of IT Act 1961. Section 80CCG is different section under the IT Act 1961 created for providing tax benefits to the investors investing exclusively in RGESS eligible securities.

19. How many times can I invest in RGESS securities to avail tax benefits under section

80CCG of IT Act 1961?

To avail tax benefits under 80CCG of IT Act 1961, the investor can invest in RGESS securities as many times as he wants, in the first year of investment. Investments made in the subsequent years will not be eligible for tax benefits.

20. Will I get Tax deduction every year for investment in RGESS?

No. Tax benefits are allowed only in the first year of investments under RGESS. Even if one claims small amount deduction under RGESS in one year no further deductions can be claimed in subsequent years.

21. What is minimum eligible investment under RGESS?

There is no minimum eligible investment under RGESS.

22. What is the mode of holding RGESS eligible securities?

RGESS eligible securities should be held in dematerialized (demat) mode only.

23. What is Demat account?

Demat account is an account where shares, debentures or units of mutual funds etc are held in electronic (paperless) form.

24. Is demat account compulsory to invest in RGESS?

Yes, demat account is compulsory to avail tax benefit under RGESS

Demat account can be opened through any of the DPs linked to either the Central

Depository Services (India) Limited (CDSL) or National Securities Depositories (NSDL)

26. How can I open demat account for RGESS?

To open a demat account; you need to submit an account opening form along with Form A defined under the RGESS notification and other necessary documents to the Depository Participant (DP). Permanent Account Number (PAN) is mandatory for opening the demat account. You need to submit necessary documents required for KYC (Proof of Identity and Proof of Address).

27. What is a Form A under RGESS?

Form A is a declaration to be submitted by the investors to DP for availing the benefits under the RGESS.

28. Can I use my existing Demat account for RGESS Investments?

Yes, you can designate your existing demat account as RGESS designated demat account. You need to submit Form A to Depository Participant (DP) and also need to furnish PAN for designating existing demat account as RGESS eligible account.

29. Can I have more than demat accounts for investment under RGESS

No. You can have only one demat account across depositories (i.e., NSDL / CDSL) for investment in RGESS.

30. Can I hold non RGESS eligible securities in my demat account designated for RGESS?

Yes. Non RGESS eligible securities can also be held along with RGESS eligible securities in the demat account designated for RGESS. Form B as defined under the RGESS

Notification needs to be submitted to the DP for such non RGESS securities.

31. What is Form B under RGESS?

Form B is a declaration to be submitted by new retail investor to DP on purchase of eligible securities which are not to be included as RGESS investment. This will ensure that these securities are not locked in by the Depository.

32. Will I get deduction if I buy RGESS eligible securities even on the last day of the

financial year?

Yes, you will get a grace period of 3 trading days from the end of the financial year so that the eligible securities purchased on the last trading day of the financial year also get credited in the demat account and such securities shall be deemed to have been purchased in the financial year itself.

33. Is there any lock-in period for RGESS investments?

Yes, Investments made in RGESS are subject to the two types of lock-in periods occurring one after the other - Fixed lock-in and Flexible lock in.

34. What is Fixed lock-in period under RGESS?

The fixed lock-in period is the period which will commence from the date of purchase of RGESS eligible securities in the relevant financial year. The fixed lock-in period is for a one-year period from the date of purchase of the security. In case where multiple transactions (purchases during different dates in the same financial year), the lock-in period will end one year from the date purchase of the last tranche of RGESS eligible securities (in the same financial year) on which deduction is claimed under the Scheme.

35. Can I sell, Pledge or hypothecate any RGESS eligible security during fixed lock-in period

No

36. What is 'Flexible Lock-in' period?

The period of 2 years beginning immediately commencing after the end of fixed lock-in period.

period?

To avail tax benefit under section 80CCG of IT Act 1961, the eligible securities brought into the demat account will be automatically locked-in (fixed and Flexible lock-in) for 3 years.

However, if you do not want certain securities (including RGESS eligible securities) credited to your RGESS demat account to be considered for the Sec 80CCG benefits, then a declaration in the prescribed format (Form B) should be submitted within one

Your demat account that was designated for RGESS will be converted into a regular or ordinary demat account at the end of the flexible lock-in period.

40. Can I lose the Tax benefits availed under section 80CCG of IT Act 1961?

Yes, you will lose tax benefits availed under section 80CCG of IT Act 1961, if you fail to comply with lock in period requirement or any other requirement of the scheme (including maintaining the amount of investment for which tax benefit is claimed under Sec 80CCG duly factoring in fall in market value).

41. What will be the consequences if I fail to comply with the requirement of RGESS?

If you fail to comply with the requirement of RGESS, then the deduction already availed under section 80CCG will be treated as your total taxable income and you are liable to pay tax as per the provisions of Income Tax Act, 1961.

42. What is the risk involved in RGESS investment?

Investment made in equity instruments and equity mutual funds/ETFs is subject to market risks. Investments may be volatile and prone to price fluctuations.

43. Are the returns under RGESS guaranteed?

Returns under the RGESS Scheme are not guaranteed.

44. What will be the effect of different types of corporate actions like split, consolidation,

bonus, rights, etc. on RGESS eligible investment?

Where the investment undergoes a change as a result of involuntary corporate actions like demerger of companies, amalgamation, etc. resulting in debit or credit of securities covered under the Scheme, the deduction claimed by such investor shall not be affected.

In case of voluntary corporate actions like buy-back, etc. resulting only in debit of securities, where new retail investor has the option to exercise his choice, the same shall be considered as a sale transaction for the purpose of the Scheme.

45. I opened a demat account before the notification and have invested in units of a Gold

ETF scheme. Will I be treated a new retail investor under 80CCG?

Investment in Gold ETFs is not an eligible security for tax deduction under section 80CCG. Since the demat account does not have any equity security, the individual will be considered a new retail investor under Section 80CCG.

46. How do we arrive at the value of RGESS investment as on a particular day in case I

decide to sell the security after the completion of fixed lock-in period?

Value of the RGESS investment in flexible lock-in period is decided on the basis of the closing price as on the previous day of the date of trading.

47. Can I trade the eligible securities during flexible lock-in period?

Yes, you are permitted to trade RGESS eligible securities only after completion of the fixed lock-in period. However to ensure continuity of the Section 80CCG benefit, you should ensure that the RGESS demat account is compliant for cumulative period of minimum 270 days during each of 2 years of flexible lock-in period.

48. Can I book profits in RGESS demat account holdings?

Yes, only after completion of fixed lock-in period you may book profit on your RGESS demat account holding. But you need to ensure that your total value of investment in your RGESS demat account is equal to or higher than the amount claimed for a deduction for a cumulative period of minimum 270 days during each of 2 years of flexible lock-in period.

49. Can I sell the RGESS investment if the investment value falls due to fall in market price

of securities?

Yes, you are permitted to sell after completion of the fixed lock-in period anytime during the next two financial years (when flexible lock-in is in force). However, you will have to purchase RGESS eligible security for the equivalent amount of sale value in the same financial year in which the securities are sold to ensure that adherence to cumulative period of minimum 270 days during each of 2 years of flexible lock-in period.

The depository will certify your new retail investor status at the time of designating your demat account as RGESS demat account.

51. Where can I get information regarding my transactions in RGESS Demat account?

The depository participant (DP) will provide an annual statement of the eligible

securities invested in or traded through the demat account

52. Can I claim deduction under section 80CCG for an additional expenses incurred on

acquisition of RGESS eligible like brokerage, taxes etc?

No, Additional expenses incurred on the acquisition of eligible securities like brokerage, stamp duty, securities transaction tax (STT), service tax and all other taxes, etc will not be considered.

This can be explained with below table-

Investment in RGESS eligible

Total Investment in RGESS

Brokerage including Service tax @ 0.5%

Service Transaction Tax @ 0.10%

Total expenses incurred on acquisition of

RGESS Securities

Net Amount Eligible for Section 80CCG

deduction

Tax deduction under Section 80CCG

Tax savings T a x S la b 1 0 % T a x S la b 2 0 %