STCG and LTCG Taxation

Hi @Yantra_74

You need to get the transaction statement from CAMS where you can get the dates of the transaction done and thus you will get the profit/loss for each quarter (Net gain/Loss) and the total of each quarter should match to total LTCG of the year.

Thank you… already tried that, but somehow values are not matching up. will recheck again. Which column to be considered, ltcg with indexation or without ? Pls confirm.

Hey @Yantra_74, you will have to consider the column with no indexation benefit.

Thank you, shall try on the suggested lines.

If my Long term capital gains is below 1Lakh in a year, do I need to file ITR2 or I can just file ITR1 as usual (simple salaried with some interests). I read in few places, only over 1Lakh LTCG I’m liable to pay 10% taxes.

My Scenario: I have few old shares, which are very good priced at the current bull market. Now if I sell them, I might make a bit profit. But my investment is so low, I don’t want to take the headache by going into ITR2 for the next 8 years. I have no intraday or short term share trades. Maybe the overall gain will be just a mere 3-4 thousands (even amount to withdraw is just 14k or so).

Hey @sajalb, it is required that you file ITR 2 since you need to disclose the source of the income even though your profits are not taxable. Also, you do not have to file ITR 2 for 8 years in order to keep carry forwarding your losses.

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Thanks for the prompt reply. I understand it now. I hope I can cope up with the ITR2, feel very daunting to leave the comfort of ITR1.

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Hi

I only do equity delivery based transactions and have made profits in long term as well as short term .
Can i show long term gains as long term capital gains and short term gains as business income ( in this case i have done more transactions). ?

Please reply @Yash_Kaviya @Nireka

Hi @prabh, it isn’t advisable to show long term gains and short term gains individually in different brackets. You can show your gains under income- capital gains or under business income.

Hi @Yash_Kaviya

According to CBDT, i have to choose one option capital gain or business income and it should be same in subsequent years. In present i am investor and choose capital gain and in near future if i wants to do full time trading then can i choose business income ?

Yes @prabh, you can shift to choosing business income in subsequent years if you pursue full time trading. But post that if you cant to shift back to part time investing and want to go forward with capital gains, you will have to provide adequate proof.

Hello,

I sold my property on 9th November 2019. Before I can utilize the sale proceeds to buy another property, I want to park the money in LTCG account. What is the last date to deposit money into LTCG account from normal savings account, given due date to file return for FY 19 -20 is extended to 31st December 2020?

Is there a time limit constraint of 6months from sale date for depositing in LTCG account?

Regards,

Hi Dixita

If you are unable to utilize the sales consideration for purchase/construction of new property till the ITR filing due date, in such a case you can park your capital gains in the Capital Gains Deposit Account Scheme. You can claim exemption of the amount already spent on the construction/purchase of property and the amount deposited in CGAS.

Keep in mind, if the amount deposited in the Capital Gains Account Scheme is not utilized within the time limit mentioned, then it shall be treated as income of the last year in which 3 years expire.

Read more on Capital Gains Account Scheme here :slight_smile:

The due date to file ITR for FY 2019-20 is extended to 31st December 2020, in case tax audit is not applicable.

Dear Divya madam,

I have the same query which Ms. Dixita madam has asked. But unfortunately you have not answered the time limit portion of the question and you have redirected to the article in the website wherein the time limit for deposit into CGAS has not been mentioned. Kindly give us a clarity.

Thanks, Siva Kumar

Dear @sivapedina, the taxpayer has a time limit of 60 days to invest the amount withdrawn from the CGAS deposit. The article mentioned talks about Capital Gains Account Scheme in depth. If there remain any other queries, please ask, shall be glad to help. :blush:

Hi Team, I am preparing my income-tax return with the income-tax planning and filling software. During FY 2020-21, I have earned long-term capital gain from the sale of securities of INR 19,000 (with the sale consideration for the same being INR 65,000). As per my understanding, the long-term capital gain from the sale of securities up to INR 100,000 is not taxable. However, in my case, the LTCG of INR 19,000 is shown as taxable in the app. Request you to kindly help. Thanks in anticipation.

Hi @Mayur_Chudasama, while you use the PLANNING application we take into account all bases so that no liability remains. Considering your situation, I would advise you to use the FILING application to file your taxes wherein, as you rightfully mentioned, the 1,00,000 rupees exemption for LTCG will automatically come into play.
If you face any other issue, please do let me know. Would be glad to help.

My query is more or less same. Sale proceeds of residential plot realised on 01/7/21. Im in search of a Flat. Yet to finalize. Meantime deposited full amount into LTCG with SBI on 15/3/22.

  1. Is that in order?
  2. For Flat I may have to pay in stages (like 15%, 20℅, 30%, 30% & 5%). Whether I can break LTCG FD to match the payment schedule? If FD is allowed to be broken, what will happen to the balance in FD?

Hi @s.natarajan_Nats, if you are selling a residential house property then you can buy a new property within 2 years using the LTCG Capital Gains Account under section 54.
But if you only sold a flat plot, then section 54F shall apply which has same conditions as section 54 for using the LTCG CGA but at the time of selling plot, you should not be owning more than one house property.

You can read more about the sections here.

Hi Everyone and @TeamQuicko

My wife recently sold a flat, and the capital gains out of the transaction were 80lac. The amount has been deposited in the capital gains savings account; however, we needed a few clarifications since we have to purchase a new asset to save taxes.

  1. Can I buy a house in a rural area, or it should be in an urban area itself. ?

  2. If rural, Obviously, the cost is less. Hence, can I buy a big plot(1-2 acres), construct a house with the available capital and claim an exemption. ?

  3. Out of the capital gains from the sale of residential property, can I buy an agricultural land+ house (rural) worth 2cr and claim an exemption under section 54B for 80lac?

If yes, can you share reference documents from IT?

Please clarify.