A person would need to pay higher taxes on profits made from sale of an asset, according to the draft Direct Tax Code.
You can expect significant changes regarding the computation of your capital gains tax once the Direct Tax Code (DTC) comes into effect from April 1, 2011.
DTC Impact
Capital gain would be taxable as income from ordinary sources at slab rates applicable to different income brackets. In other words, an individual falling under 30 per cent bracket pays long-term capital gains (LTCG) tax at 20 per cent. But, such individual may end up paying tax at 30 per cent under the DTC regime.
The benefit of indexation is proposed to be provided in respect of assets transferred after one year from the end of the financial year in which it is purchased. In case of listed equity shares or units of an equity-oriented fund a deduction, at a specified percentage of capital gains would be allowed from the gains arising from transfer of such securities. In other words, under the DTC, LTCG and short-term capital gains (STCG) tax from such securities would get taxed at the normal applicable slab rates which are presently either exempt in case of LTCG or taxed at 15 per cent in case of STCG.
The current date of considering the fair market value as on April 1, 1981 is proposed to be advanced to April 1, 2000.
No similar provision in DTC for making investment is specified for securities which are currently available under Section 54EC. Current provisions
Lets understand the current tax norms for capital gains are:
Any gain arising on sale of capital assets is taxed under the head capital gains. The tax incidence depends on whether the gain is STCG or LTCG, depending on the holding period.
STCG arises where the asset sold is held by the individual for a period up to three years (one-year for equity and related investments, debt instruments and UTI) from the date of its acquisition. However, LTCG is levied where the holding period exceeds three years (one-year for equity and related investments, debt instruments and UTI).
How to compute
The cost of acquisition and improvement of the asset along with the expenses incurred at the time of sale of the asset are deducted from the sale consideration.
However, in case of LTCG an individual is extended the benefit of indexation except in few cases (especially equity and related investments). Further, in case of a property, an individual has an option to substitute the original cost of the property with the fair market value as on April 1, 1981, where the individual acquired the property prior to such date.
Tax Rates
In STCG, the gains are clubbed with the person’s income and taxed as per the income tax slab, he/she falls under. LTCG is taxed at a flat rate of 20 per cent (plus education cess of 3 per cent) or 10 per cent with indexation benefit. In case of transfer of shares or units of equity-linked mutual funds on which Securities Transaction Tax (STT) is paid, STCG is taxed at 15 per cent (plus education cess), while LTCG is exempt.
Tax Savings
Currently, to save on LTCG, one can make investments subject to the specified conditions as contained in the respective sections of the Income Tax Act, 1961(Act):
LTCG arising on transfer of a residential house property is exempt if the same is reinvested in a new residential house (Section 54).
The gain arising on transfer of any long-term capital assets (LTCA) is exempt if the sale proceeds are invested in the notified bonds within a period of six months from the date of transfer. But, there is a cap of Rs 50 lakh for each year for making investment in such bonds (Section 54EC).
The capital gain arising on transfer of a LTCA other than a residential house is exempt if the same is reinvested in a new residential house (Section 54F).
However, one would need to wait for some more time to see the final print of DTC.
The writer is an executive director, PricewaterhouseCoopers
