About Capital Gains Tax

The Capital Gains Tax (CGT) is a tax that is foisted on the capital gains or the profit realized on the sales of non-inventory assets that were greater than the amount realized on the sales. The most common capital gains are attained from the sale of bonds, precious metals, stocks, and other property assets. All the countries do not implement a capital gains tax and most of them have different rates of taxation for people and organizations.

For valuables, let’s consider an example of a popular liquid asset, national and state formulation which has a large array of tax obligations that are to be taken care off in relation to the capital gains. Taxes are charged by the state over the transactions, dividends and capital gains on the stock market. However, these fiscal obligations may vary from jurisdiction to jurisdiction.

As of 2018, equities listed on recognized stock exchange are considered long term capital if the holding period is one year or more. Until 31 January 2017, all the long term capital gains from equities were foisted according to the section 10 (38) if shares are sold through recognized stock exchange and Securities Transaction Tax(STT) is paid on the sale.

STT in India is currently between 0.017% and 0.1% of total amount received on sale of securities through a recognized Indian stock exchange like the NSE or BSE. Now, from F.Y 18-19, exemption u/s 10(38) has been withdrawn and section 112A has been introduced.

The long term capital gain shall be taxable on equities @ 10% if the gain exceeds Rs 1 Lakh as per the new section.However, if the assets are held for duration of less than one year and are sold through recognized stock exchange then short term capital gain is taxable at a flat rate of 15 percent 111A and other costs, educational cess are foisted.

In context to immovable properties, the holding time has been reduced to a time slot of 2 years to be eligible to Long term capital gains. Although, many other capital investments including jewellery etc are considered long term if the holding period is 3 or more years and are taxed at the rate of 20 percent u/s 112. [18]

Capital Gains Tax Rates for Budgetary Year 2017-18 (Assessment Year 2018-19)

Goods	Time (Long Term)	Time (Short Term)	Short Term Capital Gains	Long Term Capital Gains
Listed Stocks or shares	Not more than 12 months	More than 12 months	15 percent	10% increasing Rs 1 Lakh
Value intended mutual funds	Not more than 12 months	More than 12 months	15 percent	10% increasing Rs 1 Lakh
Debt oriented mutual funds	funds    Not more than 36 months	More than 36 months	According to the Slab Rate	20 Percent with indexation
Bonds	Not more than 12 months	More than 12 months	According to the Slab Rate	10 Percent without indexation
Real estate/property	Not more than 24 months	More than 24 months	According to the Slab rate	20% with indexation
Gold	Not more than 36 months	More than 36 months	According to the Slab rate	20% with indexation

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