Skip to main content

Not all listed share transactions will get LTCG exemption

Best SIP Funds Online 


In the 2017 Budget, an amendment was made to the provisions relating to the exemption for long-term capital gains on sale of listed equity shares on a recognised stock exchange. The amendment provided that the exemption would not apply to equity shares acquired from 1 October 2004 onwards, where no securities transaction tax (STT) was paid on the acquisition. 

The government has been given the power to exclude certain types of transactions from the exclusion, that is, to notify certain types of transactions that would continue to get the benefit of the exemption, even though STT was not paid on such transactions on or after 1 October 2004. The final notification of such transactions was finally issued in the first week of June 2017. The notification is worded in a negative manner. All transactions qualify to continue to get the exemption, except three types of transactions. There are exceptions even to these three types of transactions—these exceptions will also continue to enjoy exemption. Which are these three types of transactions, and what are the exclusions?

The first type of transaction that will not qualify for the exemption is the acquisition of existing listed shares through a preferential issue, where the shares of the company are not frequently traded. Frequent trading would be judged by whether 10% or more of the total number of shares of the company have been traded during the earlier 12-month period. The issue of shares should be one considered as a preferential issue under the regulations by the Securities and Exchange Board of India (Sebi). There are certain exclusions in the Sebi Regulations (such as conversion of debt); these would continue to get the benefit of exemption. 

An exception to the first type of transaction are cases where the acquisition has been approved by the Supreme Court, High Court, National Company Law Tribunal, Sebi or the Reserve Bank of India. These cases would be situations of mergers, demergers, restructuring of capital, and others. Besides investments by non-residents under the foreign direct investment route, or by alternative investment funds, venture capital funds or qualified institutional buyers would also be excluded. All these would continue to qualify for the exemption. 

The second type of transactions that will not qualify for the exemption are transactions of acquisition of an existing listed equity share not through a stock exchange. In this case, the exceptions which will continue to get the exemption, besides the exceptions to the first type of transaction, include allotment of shares under an employee stock option plan (Esop) and the transfers that are exempt from capital gains. Transfers exempt from capital gains would include shares received by way of inheritance, as gifts, on partition of a Hindu Undivided Family (HUF), on settlement on a Trust, on conversion of preference shares or debentures, or others.

The third type of transactions that will not get the benefit of exemption are the acquisition of shares of a company during the period in which it is delisted, before re-listing.

Purchase of an infrequently traded share on a stock exchange would not be affected by the amendment, and would continue to get the exemption on sale. It is only if the shares are allotted by a company under a preferential issue, that there would be denial of exemption on sale. Transactions such as conversion of convertible securities into shares will still qualify for the exemption, as will receipt of shares under Esop, inheritances, gifts, partition of HUF, and others. Besides, shares of a company that are acquired when they are not listed, but which get listed later, would also get the benefit of the exemption on sale.

There are, however, still some genuine transactions that may get impacted. While settlement of shares on a Trust would qualify as an acquisition eligible for exemption on sale, there is no clarity about the position of the beneficiary of a Trust receiving shares on distribution by the Trust. Similarly, if you happen to purchase listed shares of a company from friends or relatives, to accommodate their immediate need for funds (often this may happen when the shares are not dematerialised), you may find yourself having to pay capital gains tax on ultimate sale of the shares. 

By and large, the notification addresses most of the major concerns that taxpayers had when the budget amendments were brought in, and excludes most genuine transactions from the ambit of the amendment. There are, of course, exceptional situations that may still get impacted. It is admittedly difficult for any legislation to deal with all possible permutations and combinations, and therefore the notification is fair and reasonable. 

The only problem is the language of the section and the notification, which makes it difficult for even a professional to comprehend. The tax exemption has an exclusion, which has notified exceptions. The notified exceptions have exclusions, which again have exceptions. This could be a real test for law students to test their comprehension skills. 



SIPs are when Stock Market is high volatile. Invest in Best Mutual Fund SIPs and get good returns over a period of time. Know Top SIP Funds to Invest Save Tax Get Rich

For further information on Top SIP Mutual Funds contact Save Tax Get Rich on 94 8300 8300

OR

You can write to us at

Invest [at] SaveTaxGetRich [dot] Com

Popular posts from this blog

Mutual Fund Review: Taurus Tax Shield

    Taurus Tax Shield has seen a turnaround in performance since 2007, but still remains a volatile offering… The fund has seen a turnaround in its performance since 2007 and has delivered impressively during market rallies since then. The portfolio is also more diversified. It contained its downfall to an average level in 2008 but is still one of the most volatile offerings in this category. Bold investors can look at this fund.   Strategy The fund manager invests across the market capitalisation and sectors. The selection of stocks is made on the basis of long-term business prospects and value creation. Fund Insight Launched in March 1996, the fund was a laggard with just two annual outperformances. Concentrated stock bets and high exposure to mid and small caps led to it being hit harder during market downturns. The number of stocks in the portfolio never exceeded 20 and it was not rare to see the top 5 holdings account for around 60 per cent of the portfolio. After b...

NRIs and direct taxes code (DTC)

DTC Proposes To Do Away With Special Provision That Allows NRIs Liberalised Duration Of Stay In Country      THE new direct taxes code could bring a large number of global Indians under the tax net, as it does away with a provision that allowed individuals to escape tax in any country citing double tax avoidance.    The new legislation, introduced in Parliament on Monday, says an individual shall be a resident of India in any financial year if he is in the country for more than 59 days in that year, and has been has been India for more 365 days in four preceding financial years. A number of Indian industrialists including Vedanta's Anil Agarwal and Essar's Ravi Ruia have acquired non-resident status over the years.    The DTC has only attempted to clean up the provision in line with the laws globally. A phrase "being outside India" in the existing income tax law exempted individuals who stay outside the country for six months from paying taxes. This was prone ...

Mutual Fund Review: HDFC Mid-Cap Opportunities Fund

LAUNCHED in June 2007, HDFC Mid-Cap Opportunities Fund was started as a three year closed-ended scheme. It was subsequently converted into an open-ended scheme in June 2010. The fund has been ranked as Crisil Fund Rank 1 in the small & midcap equity category according to Crisil Mutual Fund Ranking methodology over two of the last four quarters and has been present in the top 30 percentile in the category for all the four quarters. Crisil Mutual Fund Rank 1 funds form the top 10 percentile of the ranked universe representing very good performance vis-à-vis category peers. The fund, managed by Chirag Setalvad, has assets under management of ` 1,275 crore as of April 30, 2011 and has outperformed its peers and the benchmark (CNX Midcap Index) in the 1, 2 and 3 year time frames. INVESTMENT APPROACH The fund's objective is to earn capital appreciation by investing in equities of small and mid cap companies. While these companies have a higher return potential than large cap ...

Tata Fixed Income Portfolio Fund dividend

Invest In Tax Saving Mutual Funds Online Download Tax Saving Mutual Fund Application Forms Buy Gold Mutual Funds Call 0 94 8300 8300 (India)       Tata Mutual Fund has announced dividend under the dividend option of Tata Fixed Income Portfolio Scheme B2 Plan A-DQ, Tata Fixed Income Portfolio Scheme B2 Reg-DQ and Tata Fixed Income Portfolio Scheme B2 Direct-DQ. The record date has been fixed as August 29, 2013. Happy Investing!! We can help. Call 0 94 8300 8300 (India) Leave your comment with mail ID and we will answer them OR You can write back to us at PrajnaCapital [at] Gmail [dot] Com --------------------------------------------- Invest in Tax Saving Mutual Funds ( ELSS Mutual Funds ) to upto Rs 1 lakh and Save tax under Section 80C. Invest Tax Saving Mutual Funds Onlin...

Stick to Good Fund Manager who Can Multiply Your Investment

A manager may be the difference between the best and worst funds. Here's how you can find the right one    Does a mutual fund manager make a difference to your investment? The answer may not be as easy as you think, since most best-performing mutual funds have moved away from individualistic fund management to process-driven methods, limiting the scope of an individual's role in investment decisions. In fact, many fund managers would speak at length about how the "system" their fund house has in place makes their task of picking stocks easy even though it restricts their freedom. Still, the question is important, especially after recent reports that the Securities and Exchange Board of India ( Sebi ) may ask fund managers to disclose to investors their track record of managing money. Let us take a look at the universe of large-cap funds over the past five years. According to Value Research, an independent mutual fund tracking firm, the topper in the category is DSP...
Related Posts Plugin for WordPress, Blogger...
Invest in Tax Saving Mutual Funds Download Any Applications
Transact Mutual Funds Online Invest Online
Buy Gold Mutual Funds Invest Now