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Tax on transfer of share in a pvt ltd company

Tax queries 724 views 1 replies

I am a resident Indian and  was working  in a joint venture Indian  Pvt Ltd company in which the majority shareholders is a German company. I was allotted shares of  the company in 2000. On retirement  from the company in March 2013 ,  my shares were transferred to the German company.  The query now is whether the consideration  received by me on  sale of shares will attract Long term Capital gains tax. If yes, will it be 10% or 20% with indexation ? Can I avoid tax by investing the proceeds in 54EC bonds ?

At the same time I also want to know whether I can get tax relief  under  the  recent amendments to IT act ( provisions under  new Chapter XII -DA /Section 115 QA) effective from 1st June 2013,   as I received the sale consideration in Sept 2013 only.

Replies (1)

Since the shares were allotted to you in 2000 the FBT was not paid by the company. The shares were also not transferred through a recognized stock exchange, so the STT also not be paid. In this situation the entire LTCG is taxable @ 10% if there is no indexation and @ 20% if there is indexation. You invest in bonds for getting exemption


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