Nearly every investor
knows that the short-term capital gains from the stocks get taxed at the rate
of 15% whereas the long-term capital gains are tax-free. But not many investors
are aware of the other tax advantages and the regulations. For example, the short-term
losses from the stocks can be adjusted against the taxable capital gains. So,
if the stocks bought for less than 12 months ago are in the red, you can even sell
them to book a loss and then regulate
that loss against the gains from the other instruments such as the debt
schemes, gold funds and even physical gold. What’s more, the unadjusted loss
from the stocks can be carried forward for up to 8 financial years. But the taxpayers
must also know that the capital losses can be carried forward only if the tax
return has been filed by the due date.
While the capital
losses can be regulated only against the capital gains, losses in the secondary
sector can also be set off against the other incomes, including the interest
and the rentals. This is because the trading in the secondary i.e., the futures
and options of stocks, currencies and commodities is treated as non-speculative
business. Therefore, no loss can be regulated against the salary income.
Stocks investors are familiar
with the tax rules which are able to optimise the returns from their
investments. They use corporate actions such as bonus issues and dividends to
reduce their tax accountability. When bonus shares are issued or after the dividend
is paid out, the price of the scrip comes down. Savvy investors hold their
stocks long enough to avoid the bonus-stripping and dividend-stripping clauses
before the offloading them to book the losses. Therefore, some experts feel
that this tax arbitrage is not a desirable ploy and must be avoided lest the
tax authorities raise the objections.
Even the most
knowledgeable investors require to keep themselves updated with the changes in
the tax rules. This year’s Budget has changed the tax rules for dividends from
the stocks. If the dividend income is over Rs 10 lakh in a financial year then
it will bring a tax of 10%. Fortunately, the companies announce dividends much in advance, giving the investors enough time to
make changes in their portfolios. Investors with large holdings must
accordingly rejig their portfolios so that their dividend income does not cross
the threshold.
No TDS is applicable on
the short-term or long-term capital gains earned by the resident Indians when
they sell the mutual funds or the stocks. Therefore, the tax rules are
different for the NRI investors. There is a 15% TDS on the short-term capital
gains from the shares and the mutual funds if the securities transaction tax
(STT) has been paid. If no STT has been paid then the TDS rate is higher at
30.9%. The NRIs are also liable to a 10% TDS on the long term gains from the shares
and the mutual funds.
Given the complication of the tax rules, it can be a
good idea to use the services of a qualified tax professional. HNIs will especially
find it more cost efficient to use a tax professional than trek into these
taxation issues on their own.
Tax
Assist is a professional income tax consultancy in India for
both corporate houses and individual tax payers; the latter comprising Salaried
Individuals, Seafarers, Professionals and Non Resident Indians.
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