Domestic investors now have the final say on whether income arising on
sale of listed shares and securities (sold by them after a holding
period of 12 months) should be treated as capital gains (which does not
attract tax), or as business income. If the domestic investor opts to
treat the income arising on such a sale as capital gains, it cannot be
disputed by the tax authorities.
"This will put an end to litigation which typically emanated if the domestic investor was a high networth individual (HNI) with a large portfolio managed by a portfolio manager. In such cases, even if these listed securities were sold after a 12-month holding period, as the volume of the sale transactions was large, the tax authorities tended to argue that the HNI was in the business of trading and was not an investor. Thus, income arising on sale was treated as business income attracting a higher tax rate,"
A circular dated February 29,2016 issued by the Central Board of Direct Taxes (CBDT), says: "In respect of listed shares and securities, held for a period of more than 12 months, immediately preceding the date of its transfer (ie sale), if the taxpayer desires to treat the income arising from the transfer thereof as a capital gain, the same shall not be put to dispute by the tax officer."
The circular adds that once the taxpayer exercises his choice, the same shall also apply for subsequent years, for the purpose of tax assessment. Thus for instance, if in a subsequent year, the taxpayer makes a loss on sale of shares, it will be treated as a capital loss. The taxpayer cannot content that it is a business loss and that he can set off such a loss against his other business income.
"This will put an end to litigation which typically emanated if the domestic investor was a high networth individual (HNI) with a large portfolio managed by a portfolio manager. In such cases, even if these listed securities were sold after a 12-month holding period, as the volume of the sale transactions was large, the tax authorities tended to argue that the HNI was in the business of trading and was not an investor. Thus, income arising on sale was treated as business income attracting a higher tax rate,"
A circular dated February 29,2016 issued by the Central Board of Direct Taxes (CBDT), says: "In respect of listed shares and securities, held for a period of more than 12 months, immediately preceding the date of its transfer (ie sale), if the taxpayer desires to treat the income arising from the transfer thereof as a capital gain, the same shall not be put to dispute by the tax officer."
The circular adds that once the taxpayer exercises his choice, the same shall also apply for subsequent years, for the purpose of tax assessment. Thus for instance, if in a subsequent year, the taxpayer makes a loss on sale of shares, it will be treated as a capital loss. The taxpayer cannot content that it is a business loss and that he can set off such a loss against his other business income.
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