Taxation of Income from Selling Shares

• Income from selling equity shares is classified as capital gains, not as salary or business income. Income tax on shares varies based on whether gains are short-term or long-term.
• After the release of Budget 2024, the holding period for long-term capital gains on listed securities is now 12 months, and short-term gains are taxed at 20%, up from 15%.
• The tax-free limit for long-term capital gains has increased to Rs. 1.25 lakh per year, with gains above this limit taxed at 12.5%.
• Short-term capital losses can offset any capital gains and be carried forward for eight years, while long-term capital losses can only offset long-term gains and are also carried forward for eight years.
• Through the grandfathering clause, gains up to January 31, 2018, are exempt from the new LTCG tax rules.

Income from the sale or purchase of shares is categorised under "Capital Gains" for tax purposes. As per the Income Tax Act, the profits made from selling shares are subject to capital gains tax and do not follow the same tax rules as salary, rental, or business income. Both homemakers and retirees who actively trade shares need to be aware that their gains are taxable. If they sell shares at a higher price than they bought them, the profit is considered a capital gain. On the other hand, if they sell at a loss, it is a capital loss. These gains or losses need to be reported when filing taxes.
 

In this article, let’s study income tax on shares in detail and check the latest income tax implications after the changes proposed in the Union Budget 2024. Also, we will understand the grandfathering clause and its calculation through a simple example. 

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The Budget 2024 introduced significant changes to the rules for income tax on shares (effective from FY 24-25). Now, there will only be two holding periods: 12 months and 24 months. The previous 36-month holding period has been removed. A holding period exceeding 12 months classifies all listed securities as long-term. For all other assets, the holding period is set at 24 months.
 

Moreover, capital gains are further classified into long-term and short-term based on the holding period of the shares. For those unaware, the holding period refers to the duration from the acquisition date to the sale or transfer date. The tax rules vary for different types of securities.
 

For example, listed equity shares and equity mutual funds have different holding periods and tax treatments compared to debt mutual funds. Investors must understand these distinctions to manage their tax liabilities and remain compliant.

If you sell listed equity shares, units of equity-oriented funds or business trusts within 12 months, your profits from these sales will be termed as STCG. Previously, these short-term capital gains were taxed at 15%, but under the new rule, they will be taxed at 20%. This change represents a 5% increase in the tax rate, leading to a higher tax burden on the gains from such short-term investments.

If you sell equity shares, units of equity-oriented funds or business trusts after 12 months, the resulting profits will be termed LTCG. This amount of LTCG is exempt from tax up to Rs. 1.25 lakh per financial year. In the new budget 2024, this limit has been increased from the previous threshold of Rs. 1 lakh. Now, any amount exceeding this exemption limit of Rs. 1.25 lakh is taxed at 12.5% (increased from the previous rate of 10%).

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Just like gains, selling equity shares can result in two types of losses: short-term capital losses and long-term capital losses. As per the Income Tax Act, these losses can be offset against other incomes. Also, you get the option to carry forward unutilised losses to future years. Let’s understand in detail.

If you incur a short-term capital loss (STCL) from selling equity shares, you can use this loss to offset any capital gains you have, whether they are short-term or long-term, from other assets. If you don't offset the entire loss within the same financial year, you can carry it forward for up to eight years. During these eight years, you can use the carried-forward loss to reduce any capital gains you earn, either short-term or long-term.

However, to carry forward these losses, you must file your income tax return by the due date. You have to file an ITR even if your total income for the year is below the minimum taxable threshold.

Before Budget 2018, long-term capital losses (LTCL) from equity shares were considered "dead losses." This means they could neither be adjusted against any capital gains nor carried forward to future years. This was because long-term capital gains (LTCG) from listed equity shares were exempt from tax. As a result, any losses incurred in this category were not recognised for tax purposes, which left investors without any means to benefit from these losses.
 

However, Budget 2018 changed this situation of income tax on shares. The (then/Pre-Budget 2024) new law imposed a 10% tax on long-term capital gains exceeding Rs. 1 lakh from listed equity shares and mutual funds. Alongside this, the government allowed for the carry forward of long-term capital losses. Now, long-term capital losses from transactions made on or after April 1, 2018, can be offset against any other long-term capital gains. However, It's important to note that you cannot offset LTCL against short-term capital gains.
 

If you cannot fully use the LTCL in the same year, you can carry it forward for up to eight years to offset against future long-term gains. Again, to take advantage of this provision, you must file your income tax return on or before the due date, even if your total income is below the taxable limit.

Firstly, let’s understand what the “grandfathering clause” does in a general sense. In law, a “grandfathering clause” allows old rules to remain applicable to certain existing situations. On the other hand, new rules apply to future cases. This means that people who are subject to the old rules have "grandfather rights" or are "grandfathered in."

For example:

• Say a new law changes tax rates.
• Now, those who had investments before the law changed can continue to be taxed under the old rates.
• On the other hand, new investments are taxed under the new rates.
• This provision helps in transitioning to new laws without adversely affecting those who made decisions based on the old rules.

Now, let’s come back to long-term capital gains (LTCG) on listed equity shares and equity-oriented mutual funds. It is worth mentioning that these gains were tax-free until the end of the 2017-18 fiscal year. The Finance Act of 2018 reintroduced the LTCG tax, starting from April 1, 2018.
 

However, to protect investors who had already made gains before this change, the Central Board of Direct Taxes (CBDT) included a grandfathering clause. This clause exempts any gains accrued up to January 31, 2018, from the LTCG tax. This exemption was granted even if the gains were realised after the new tax rule took effect. Hence, as a result, any profits made on these investments before February 1, 2018, are not subject to the new tax. This way, it provides a cushion for investors transitioning to the new rules related to income tax on shares.

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Using the formula of the grandfathering clause, you can determine the acquisition cost of an asset for tax purposes. This calculated cost will be applicable when new tax rules are introduced. As per this clause, the acquisition cost is the greater of these two values:

• “Value I” is the lower of the fair market value (FMV) of the asset as of January 31, 2018, or the actual selling price of the asset.
• “Value II” is the higher of Value I or the actual purchase price of the asset.

Now, to calculate the long-term capital gain (LTCG), subtract the acquisition cost (as determined above) from the sale value.
 

For tax responsibility, LTCG up to Rs. 1.25 lakh in a financial year is tax-free. After subtracting Rs. 1.25 lakh from the total LTCG, the remaining amount is taxed at 12.5%, plus any applicable surcharge and cess.
 

Let’s study an example for a better understanding of income tax on shares:

• Say the purchase price is Rs. 100 (on January 1, 2017).
• FMV as of January 31, 2018, is Rs. 200.
• The selling price of shares is Rs. 50 (on April 1, 2023).

Now, using the grandfathering clause formula:

• Value I
  • This is the lower of the selling price (Rs. 50) and the FMV as of January 31, 2018 (Rs. 200).
  • So, Value I is Rs. 50.
• Value II
  • This is the higher of Value I (Rs. 50) and the actual purchase price (Rs. 100).
  • So, Value II is Rs. 100.

Hence, the acquisition cost is Rs. 100 (greater of Value I and Value II). Using it, we can calculate the long-term capital loss as follows:
 

Why Bonus Share Announcements Matter for Investors

Securities Transaction Tax (STT) is a tax levied on all equity shares that are bought or sold on a stock exchange. Whenever you trade shares on a stock exchange, you are required to pay STT. It must be noted that the tax implications discussed earlier, such as the taxation of long-term and short-term capital gains, apply only to shares that:

• Are listed on a stock exchange
  and
• Have STT paid on their transactions

Additionally, it is significant to mention that when you sell shares, several expenses are deducted from the sale price to determine the net gain or loss. Some common examples of these expenses are:

• Registration charges
• Brokerage fees, and
• Other related costs

By deducting these expenses, you can accurately calculate your net profit or loss from the sale of shares. This net amount is considered when calculating income tax on shares.

There is ongoing debate about whether gains or losses from selling shares should be classified as "income from business" or "capital gains." One should be aware that this classification depends on the nature and frequency of your trading activities. Let’s see how:

• If you engage in significant share trading activities, such as day trading or regularly trading in Futures and Options, your income is generally considered "income from business."
• This is because frequent trading indicates a business activity rather than an investment.
• In such cases, you need to file an Income Tax Return (ITR) using Form ITR-3.
• Also, you should report your income from share trading under the head "Profits and Gains from Business & Profession."
• On the other hand, if you buy and hold shares as a long-term investment and trade infrequently, your gains or losses are treated as "capital gains."

Please note that the choice between these classifications affects how you calculate income tax on shares and the type of tax return you need to file.

When you treat your income from the sale of shares as “capital gains”, you can deduct expenses incurred during the transfer of those shares, such as brokerage fees and registration charges. Now, coming to the computation of income tax on shares:

• Long-term capital gains (LTCG) from equity shares that exceed Rs. 1.25 lakh annually are taxed at 12.5%.
• On the other hand, short-term capital gains (STCG) are taxed at 20%.

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Conclusion

To compute the correct income tax on shares, you must understand how capital gains are categorised and taxed. The recent Budget 2024 changes introduced new holding periods (12 months and 24 months) and adjusted tax rates for both short-term and long-term capital gains. Short-term gains are now taxed at 20%, while long-term gains exceeding Rs. 1.25 lakh are taxed at 12.5%.
 

Moreover, losses from equity shares can be classified as short-term or long-term and have specific rules for offsetting and carrying forward. Also, the grandfathering clause ensures that any gains from investments made before January 31, 2018, are not subject to the new tax rules that were introduced afterwards. For these pre-existing gains, the old tax rules still apply.