STCG and LTCG Taxation

@Muskan_Balar @Shrutika_Shah @M_Sridhar @rr9876 @HIREiN @anantha_krishnan @

suppose
I got __ 2.5 lakhs LTCG,
i have __ 8 lakhs LTCL

So can one first offset & exhaust LTCG exemptions u/s 112 of Rs. 1 lakh from 2.5 lakh LTCG?
and then adjust balance 1.5 lakh LTCG with carry forward LTCL of Rs. 8 lakhs in iTR ?

please provide procedure and where to do it while filing ITR?

got one online reference mentioned but not very lucid , if you can share some light on this.

Manner of Set off of loss:
We may have a scenario where there may be an STCL in a year and LTCG specified u/s 112A in the same year. Now the question is whether such exemption of Rs. 1 lakhs should first be applied and then set off the loss? or should losses first be set off and exemption of Rs.1 applied later? Let’s take a simple example, Mr.A holds an investment in equity-oriented Mutual Fund (Short term and covered u/s 111A) and he also holds an Equity share in Company X. During the FY Mr.A incurred a loss of Rs. 50,000 on sale of equity-oriented MF and had a gain on sale of equity share from the sale of a share in company X amounting to Rs. 90,000. Now, Mr.A is caught up in the middle of sec 112A and sec 70 whether to use the exemption u/s 112A first or to use set-off of loss u/s 70. …? If we look at the above scenario, it is prudent for Mr.A to apply the exemption provision u/s 112A first and arrive at the gain and the arrived balance gain be netted off against STCL by virtue of u/s 70. However, from Mr. A’s point of view, this may seem like the best option. He gets to claim the exemption and still have STCL carry forwarded for the next year. Though the Department has not come up with any explanation on the manner of set-off of loss u/s 70 and using of exemption provision u/s 112A, it would be wise to look at the situation based on the below-mentioned point. “It is a usual practice to first arrive at the gain or loss under one source and then move on to the other source under the same head. Sec 112A deals with LTCG or LTCL (one source) and sec 111A deals with STCG or STCL on sale of specified short-term asset (another source under the same head). In the given case it is natural to arrive at the final solution u/s 112A ( Rs. 90,000 less exemption to the extent of Rs. 1,00,000) first and then move on to sec 111A. Based on the above analogy, the final solution u/s 112A would be Nil and there would be no gains available under 112A to be netted off against loss under the head STCL.”

Conclusion: i) Based on the above analysis, exemption available u/s 112A should first be exhausted and then set off of loss under sec 112, sec 111A or any other STCL should be netted off to arrive at the final answer under the head Capital Gains. ii) However, it is up to the department to come up with an explanation on the above issue.

Read more at: Set off loss under the head capital gains

Thanks & regards.

Hi Team,

This explanation STCG and LTCG Taxation - #13 by Ridhima_Sharma is applicable in the new regime and in next assessment year also right (AY 24-25)?

Thanks

Hi @anantha_krishnan

As there is no intimation by the ITD regarding the same as of now, we can assume it shall be valid for FY 2023-23/AY 2024-25 as it is valid for FY 2022-23/ AY 2023-24.

would anyone reply from domain of their knowledge and rationale please?

Hi @Ritesh_Shah

As per the rules, LTCL can only be set off against LTCG.

Also, you cannot choose to not set off and carry forward losses.

Hence, your net LTCL of ₹6.5 lakhs (8 lakhs - 2.5 lakhs) will be carried forward to the subsequent years. The exemption u/s 112A is not available in this case.

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thank you @Shrutika_Shah

Hi,
I’ve LTCG from Equity Mutual Funds of Rs.5,17,000 with no salary and any other income. My income tax calculation is after reducing Rs.2,50,000 base exemption, remaining amount Rs.2,67,000 is considered for income at special rates, then after Rs.1,00,000 deduction, remaining amount Rs.1,67,000 is the final total income. Tax amount is Rs.16,700+Education cess. Is there any other way to reduce the total tax amount? Please provide your suggestion.

Hi @kanna

If you have any Tax Savings & Deductions under Chapter VI A - Learn by Quicko you can claim those to reduce your taxable income.

Thanks @Shrutika_Shah for the quick response. Unfortunately " Deductions under chapter VI A are not eligible for special rate incomes such as [short-term capital gains u/s 111A and long-term capital gains u/s 112A]".

Hi @kanna

Yes, definitely, that’s true.

Ok @Shrutika_Shah. So looks like there is no other way to reduce the taxable income or total tax in my case, is it right?

Hi @kanna

I don’t think so.

Thanks @Shrutika_Shah for responding to my query and clarifying it quickly.

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If the total income after deduction is 4.9 lakh and ltcg is 20k.

How does tax work here? does it consider 5.1 lakh and tax, or should it be 0 tax.

Hi @Sandesh_K

Your total income shall be 5.1 lahks and is taxed accordingly.

@Shrutika_Shah why doesn’t 1lakh ltcg exception doesn’t apply here and it’s considered in total income?

Shouldn’t 20k be ignored.

Hi @Sandesh_K

Your total income includes LTCG as well. So, in that case, it will be exempt if it is below 1 lakh.

2 posts were merged into an existing topic: Do I have to pay tax on IPO Allotment?

Hi @ Surbhi Pal,
Let’s say it is above 2.5 lpa, can I decrease this using house rent and books payslips? How much max can I use house rent amount?

2 posts were merged into an existing topic: Section 54F - Exemption on Capital Gains from stocks, land, etc