Can we report the income from sale of shares under Section 44AD instead of capital gain ?
Replies (9)
Quick Summary
This discussion explores the possibility of reporting income from share sales under Section 44AD, treating it as business income rather than capital gains. While permissible if consistently declared under PGBP, it comes with a crucial caveat: opting for presumptive taxation means you cannot declare lower profits or losses for five years. Additionally, an audit may be mandatory if your total income exceeds the basic exemption limit. The conversation also touches upon selecting the correct business code and the potential mismatch with brokerage SFT reports, which typically classify share sales as capital gains.
Yes , you can declare 6%/8% in 44AD but word of caution here, if you have opted for presumptive taxation in a particular year, and want to declare losses or income at less than the presumptive rate in any of the next five years then You cannot opt for presumptive taxation for five years. Also Audit will be mandatory for that year if your total income exceeds the basic exemption limit.
Thank you for quick reply sir, Can we just declare 6% on sale value of securities, or should I declare actual profit which I had received which is more than 6% on sale value? Will it cause a problem if i just report 6% instead of actual profit which i received?
It is not intraday, We had nearly 400 transactions of delivery equity sale during the year, since the frequency of these short term trades are more, we wanted to declare it as business income and also the assessee is doing it like a whole time business.