What
is Capital Gains Tax in India and what the rates of Tax - An overview
Before understanding the tax on Capital
gains and its impact; lets first understand what is a Capital Asset as per
Income Tax Act, 1961.
What
is Capital Asset?
As per section 2 (14) of the Income
Tax Act, 1961, a capital asset is defined as property of any kind held by an
assessee, whether or not connected with
his business or profession, but does not include the following–
(i)
any stock-in-trade, consumable stores or raw
materials held for the purposes of his business or profession;
(ii)
personal effects, that is to say, movable
property (including wearing apparel and furniture) held for personal use with
certain exclusions ( likejewellary, drawings,archaeological collections,etc.);
(iii)
specified agricultural land; and
(iv)
various gold bonds issued by government.
What
is Capital Gain?
Capital gains refer to the gain
arising out of sale of a capital asset at profit.
What
are the tax implications of a Capital Gains?
As per section 45 of Income tax
Act,1961 - Any profits or gains arising from the transfer of a capital asset.
The term transfer is defined to include everything except the specified
transactions excluded by section 47.
What
are the rates of taxes for Capital Gains?
The rates of taxes depend on the
fact whether the asset transferred is a short term capital assets or a long
term capital assets. Short Term Capital Gains arises on the transfer of short
term capital assets and long term capital gains arises on transfer of long term
capital assets.
Let us take a look at what are the
definition of long term capital assets and short term capital assets.
Rates
of taxes for Capital Gains Tax for Short Term Capital Gains and Long Term Capital Gains?
Disclaimer:
No assurance is given that the revenue authorities/courts will concur with the views expressed herein. My views are based on the existing provisions of law and its interpretation, which are subject to change from time to time. I do not assume responsibility to update the views consequent to such changes. The views are for the general use by public at large and the author does not undertake any responsibility for the use / misuse of the same or any damage that may be caused because of such use / misuse. It is strongly recommended that before implementing any of the above options, the subject matter expert be consulted.
Thank you for sharing such great information.
ReplyDeleteIt is informative, can you help me in finding out more detail on
what is capital gain.