Reducing LTCG & STCG @ 15% income by minimum exemption limit

Tax queries 1541 views 1 replies

If the minimum exemption limit is not completely exhausted by the assessee (after considering section 80C deductions), tax laws allow reducing long term capital gains if any (and short term gains taxed at 15%) by the unexhausted exemption limit. This is available to residents (ROR) and not available to non-residents (NR).

My question is how to treat this for a RBNOR? Can a RBNOR assessee also take advantage of this provision and reduse her LTCG liability by the unavailed min exemption limit?

Hope my question is clear, feel free to cross question if you did not understand the question fully.

Thanks :)

Replies (1)

Diwakar,

as per sec 2 (30) for the purpose of international transactions 'Resident but not ordinary resident' is considered as "Non-Resident"..

sec 6 defines both ROR & RBNOR, and they r two independent categories..

sec 111A & 112 clearly says set off of capital gain from unexhausted basic limit is applicable only for Resident..

so it s applicable for ROR only..

 


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register