CAPITAL GAIN
What is Capital gains tax
- If you sell a capital asset and incur profit, then it is called Capital Gain (CG).
- You have to pay income tax on the capital gain amount and this is called Capital Gains Tax (CGT).
- If you sell a capital asset and incur a loss, then it is called Capital Loss (CL).
What is capital asset?
For the calculation of capital gains tax, the following capital assets are considered.
- Listed Shares
- Unlisted Shares
- Equity Mutual Funds
- Debt Mutual Funds
- Real Estate
- Gold
- Listed Bonds
- Zero-Coupon Bonds
- Other capital assets, if any
Determination of capital gain
- Whether a capital gain is a short term or long term is determined by the following.
- Asset type
- Holding period
- Holding period means how long you keep the asset with you before you sell it.
- For example, if you sell an equity mutual fund unit before a year of purchase, then it will qualify for short term capital gain.
- If you sell after a year of purchase, it will qualify for long term capital gain.
The following table describes various assets and their holding period for short term and long-term capital gains.
Offset (adjust)capital loss
- If you sell a capital asset and incur loss, then it is called capital loss. You need not pay any capital gains tax on the loss amount.
- The Income Tax department gives you an option of offsetting (or adjusting) the capital loss against a capital gain.
- It means that you can use capital loss to reduce the amount of tax to be paid on the capital gain.
Note: Capital loss can't be offset against any income under the head "Income".
Example 1:
- You had a capital gain of Rs. 10,000/- from a sale of a capital asset. Also, you had a capital loss of Rs. 6,000/- from a sale of another capital asset.
- Now, you can offset (adjust) the loss of 6,000 against the gain of 10,000/-. That is, 10,000 minus 6,000
- After offsetting, you will have
Capital Gain = Rs. 4000/-
Capital Loss = Rs. Zero
So, you need to pay capital gains tax only on 4000/-
Rules about offsetting capital loss
- There are some rules about offsetting capital loss against capital gain. They are given below.
- A capital loss should be offset against capital gain only. It should not be offset against any income
- A short-term capital loss (STCL) can be offset against short term capital gain (STCG) or long-term capital gain (LTCG)
- A long-term capital loss (LTCL) should be offset against only long term capital gain (LTCG)
Can an Individual Carry forward capital loss?
- There may be situations where you can't offset the capital loss against any capital gain. In this case, you can carry forward capital loss to the next financial years.
- During the next financial year, you can try to offset the capital loss against capital gain, if any.
- If you are still unable to offset, then you can still carry forward to the next financial year.
- This way, you can carry forward capital loss to a total of 8 financial years.
- For this, you will need to do the following.
- File Income Tax returns with the capital loss mentioned in it
- Keep the tax file returns safe
- During the next financial year(s), use the previous year's tax returns and try to offset capital loss