Budget 2024: Taxation related to capital gains in equity market transactions will affect you— THIS is how | Mint (2024)

Finance Minister Nirmala Sitharaman has proposed drastic changes in capital gains taxation. This article will discuss budget proposals related to the taxation of equity market transactions.

Increase in the tax rate and enhanced tax-free amount of long-term capital gains

Presently, the profits on the sale of listed shares and units of equity-oriented schemes of mutual funds held for twelve months or less are treated as short-term capital gains and are taxed at flat 15% under Section 111A if Securities Transaction Tax (STT) has been paid on the same.

If the same is held for over twelve months, the profits are treated as long-term capital gains and are taxed at a flat rate of 10% beyond the initial 1 lakh. This was earlier taxed at zero rate and came tax-free in your hands under Section 112A without any benefit for indexation.

The finance minister has retained the holding period requirement for listed shares and equity-oriented scheme units to become long-term capital assets but has proposed increasing tax rates for long-term and short-term capital gains on these assets.

She has proposed increasing the short-term capital gains on these investments from 15% to 20% and the tax rate on long-term capital gains from 10% to 12.50%.

Moreover, the finance minister has also proposed to increase the initial long-term capital gains from 1 lakh to 1,25,000, on which no tax is payable.

Please note that the grandfathering provisions introduced in the 2018 budget will continue. The grandfathering provisions provide that in case the listed shares or units of equity-oriented schemes were acquired before Feb 1, 2018, the closing price in case of shares and Net Asset Value in case of units of equity-oriented schemes on Jan 31, 2018, could be taken as your cost of acquisition for computation of capital gains.

Increase in rates of Securities Transactions Tax

The FM also proposed an increase in the rates of STT payable on derivative transactions in equity, which is popularly called F&O. For an option, in securities, the STT rate has been hiked from 0.0625% to 0.1% of the option premium, which is the same as levied on actual delivery transactions.

Regarding futures in securities, the STT is proposed to be hiked from 0.0125% to 0.02% of the price at which such futures are traded.

Also Read |

Income Tax Budget 2024 Highlight: Standard deduction fails to keep market upbeat

Also Read |

Income Tax Budget 2024: Will the old tax regime remain relevant?

Also Read |

Budget 2024: Where do India’s tax rates stand vis-à-vis developed nations

Also Read |

Budget 2024: Rental income to be chargeable only under house property

Changes in taxation of buyback of shares

Drastic changes have been proposed to tax money received from companies on the buyback of shares. Presently, money received on the buyback of shares is exempt in the hands of the shareholder under Section 10(34A). Still, the company has to pay tax at a flat rate of 20% + 12% surcharge and 4% cess in respect of the amount of buyback paid as reduced by the amount of money, including premium, if any, received by the Company.

The effective rate on buyback presently comes to 23.296%. So, though the shareholder does not pay anything from his pocket, he indirectly incurs a cost of 23.296% for the buyback effected by the company, irrespective of his slab rate. This rate is significantly higher than levied on even short-term capital gains on listed shares.

The finance minister has proposed abolishing the present scheme for taxing buyback shares. She proposes that companies are no longer required to pay any tax in respect of the buyback of shares, but instead, the amount received against the buyback of shares be treated as a dividend in the hands of the shareholder and taxed at the slab rate applicable to individual shareholders.

Moreover, since this amount is being treated as dividends, the cost of acquiring these shares cannot be claimed against the buyback amount received. So, as per the proposal, you are not allowed to claim any expenditure against the amount of buyback treated as a dividend.

This will adversely affect the promoter shareholders who are in higher tax slabs and will have to shell out significantly more money as tax than what was being paid by the company.

Though no deduction is allowed against the buyback amount treated as a dividend, as the buyback of shares results in the extinguishment of the shares, the shareholder will be able to claim the cost of acquisition as a loss on extinguishment of such shares as short-term or long-term capital loss depending on his holding period.

Such loss can be set off against the eligible capital gains during the year, and unabsorbed loss would be carried forward for set off in subsequent years.

The proposed tax regime will adversely affect the cash flow of small shareholders, who will have to pay tax on the full amount received on buyback. Depending on the availability of taxable and eligible capital gains, the benefit of deemed loss on extinguishing such shares may or may not be available for set-off.

The proposed provisions apply to buybacks on and after October 1, 2024. I feel this will result in fewer buybacks after the proposed tax regime is implemented.

Balwant Jain is a tax and investment expert and can be reached at jainbalwant@gmail.com and on @jainbalwant on X.

Disclaimer: The views and recommendations made above are those of individual analysts, and not of Mint. We advise investors to check with certified experts before taking any investment decisions.

Catch all the Budget News ,Business News , Money news , Breaking News Events and Latest News Updates on Live Mint. Download The Mint News App to get Daily Market Updates.

MoreLess

First Published:

25 Jul 2024, 11:45 AM IST

Budget 2024: Taxation related to capital gains in equity market transactions will affect you— THIS is how | Mint (2024)

FAQs

What will the capital gains tax be in 2024? ›

Capital gains tax rate 2024

In 2024, single filers making less than $47,026 in taxable income, joint filers making less than $94,051, and heads of households making $63,000 or less pay 0% on qualified realized long-term gains. If your taxable income exceeds those amounts, you may be subject to 15% and 20% tax rates.

What is the economic effects of capital gains taxation? ›

The cost of capital measures the return an investment must yield before a firm or an individual is willing to undertake the investment. High capital gains tax rates lower the return on investment, thus increasing the cost of capital and depressing overall investment in the economy.

What impact does capital gains have on taxes? ›

Ordinary income is calculated separately and taxed at ordinary income rates. More long-term capital gains may push your long-term capital gains into a higher tax bracket (0%, 15%, or 20%), but they will not affect your ordinary income tax bracket.

What factors affect the taxability of capital gains and losses? ›

Short- and long-term capital gains are taxed differently. Tax-efficient investing can lessen the impact of these taxes. Remember, short-term gains occur on assets held for one year or less. As such, these gains are taxed as ordinary income based on the individual's tax filing status and adjusted gross income (AGI).

What tax changes are coming in 2024? ›

For tax year 2024, the standard deduction for married couples filing jointly rises to $29,200, an increase of $1,500 from 2023. For single taxpayers, the standard deduction rose to $14,600, a $750 increase from the previous year.

How to avoid capital gains tax on stocks? ›

9 Ways to Avoid Capital Gains Taxes on Stocks
  1. Invest for the Long Term. ...
  2. Contribute to Your Retirement Accounts. ...
  3. Pick Your Cost Basis. ...
  4. Lower Your Tax Bracket. ...
  5. Harvest Losses to Offset Gains. ...
  6. Move to a Tax-Friendly State. ...
  7. Donate Stock to Charity. ...
  8. Invest in an Opportunity Zone.
Mar 6, 2024

At what age do you not pay capital gains? ›

Capital Gains Tax for People Over 65. For individuals over 65, capital gains tax applies at 0% for long-term gains on assets held over a year and 15% for short-term gains under a year. Despite age, the IRS determines tax based on asset sale profits, with no special breaks for those 65 and older.

What is the 6 year rule for capital gains tax? ›

Here's how it works: Taxpayers can claim a full capital gains tax exemption for their principal place of residence (PPOR). They also can claim this exemption for up to six years if they move out of their PPOR and then rent it out. There are some qualifying conditions for leaving your principal place of residence.

How the rich avoid capital gains tax? ›

Wealthy family borrows against its assets' growing value and uses the newly available cash to live off or invest in other assets, like rental properties. The family does NOT owe taxes on its asset-leveraged loans because the government doesn't tax borrowed money.

How does IRS know about capital gains? ›

Capital gains and deductible capital losses are reported on Form 1040, Schedule D, Capital Gains and Losses, and then transferred to line 13 of Form 1040, U.S. Individual Income Tax Return. Capital gains and losses are classified as long-term or short term.

How do negative capital gains affect taxes? ›

You can deduct your loss against capital gains. Any taxable capital gain – an investment gain – realized in that tax year can be offset with a capital loss from that year or one carried forward from a prior year. If your losses exceed your gains, you have a net loss. Your net losses offset ordinary income.

What is the tax implication on capital gains? ›

Capital gains tax is calculated by taking 50% of your capital gain and adding it to your taxable income. When you lose money selling capital property, those losses can help you reduce the tax payable on any capital gains.

What is the capital gains tax rate in 2024? ›

For the 2024 tax year, individual filers won't pay any capital gains tax if their total taxable income is $47,025 or less. The rate jumps to 15 percent on capital gains, if their income is $47,026 to $518,900. Above that income level the rate climbs to 20 percent.

How do I avoid double taxation on capital gains? ›

Elect S corporation tax status: Once a corporation has been created, the owners can ask the IRS to treat it as an S corporation for tax purposes. S corporations have the same liability-limiting attractions as C corporations, but their profits flow directly to shareholders, avoiding double taxation.

What accounts avoid capital gains tax? ›

Use tax-advantaged accounts

Retirement accounts such as 401(k) plans, and individual retirement accounts offer tax-deferred investment. You don't pay income or capital gains taxes at all on the assets in the account. You'll just pay income taxes when you withdraw money from the account.

What will long-term capital gains tax be in 2026? ›

Beginning in 2026, the starting points for the 15 percent and 20 percent rates for capital gains and qualified dividends will match the starting points for tax brackets applicable to ordinary income, as under pre-2018 law.

How to avoid capital gains tax over 65? ›

Utilize Tax-Advantaged Accounts: Tax-advantaged retirement accounts, such as 401(k)s, Charitable Remainder Trusts, or IRAs, can help seniors reduce their capital gains taxes. Money invested in these accounts grows tax-free, and withdrawals are not taxed until they are taken out in retirement.

References

Top Articles
Latest Posts
Article information

Author: Catherine Tremblay

Last Updated:

Views: 5766

Rating: 4.7 / 5 (47 voted)

Reviews: 86% of readers found this page helpful

Author information

Name: Catherine Tremblay

Birthday: 1999-09-23

Address: Suite 461 73643 Sherril Loaf, Dickinsonland, AZ 47941-2379

Phone: +2678139151039

Job: International Administration Supervisor

Hobby: Dowsing, Snowboarding, Rowing, Beekeeping, Calligraphy, Shooting, Air sports

Introduction: My name is Catherine Tremblay, I am a precious, perfect, tasty, enthusiastic, inexpensive, vast, kind person who loves writing and wants to share my knowledge and understanding with you.