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Transferring Shares to Spouse: Tax Implications?

Mihir

Mihir Tanna  |1053 Answers  |Ask -

Tax Expert - Answered on Dec 05, 2024

Mihir Ashok Tanna, who works with a well-known chartered accountancy firm in Mumbai, has more than 15 years of experience in direct taxation.
He handles various kinds of matters related to direct tax such as PAN/ TAN application; compliance including ITR, TDS return filing; issuance/ filing of statutory forms like Form 15CB, Form 61A, etc; application u/s 10(46); application for condonation of delay; application for lower/ nil TDS certificate; transfer pricing and study report; advisory/ opinion on direct tax matters; handling various income-tax notices; compounding application on show cause for TDS default; verification of books for TDS/ TCS/ equalisation levy compliance; application for pending income-tax demand and refund; charitable trust taxation and compliance; income-tax scrutiny and CIT(A) for all types of taxpayers including individuals, firms, LLPs, corporates, trusts, non-resident individuals and companies.
He regularly represents clients before the income tax authorities including the commissioner of income tax (appeal).... more
Asked by Anonymous - Nov 26, 2024Hindi
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I have 2 Questions - 1. I transferred shares from my account to my wife account recently ( listed company ), what would be Income tax implications? 2. Income from shares selling ( listed company ) ( Intraday / Short Term ) , Brokerage / STT / GST & other charges be claim as deduction?

Ans: With reference to transfer of shares to spouse, if the same is transferred as gift - said transfer is not subject to tax. However, future income will be clubbed in the hands of husband.

In case of short term gain, STT is not deductible. However, all expenses wholly and exclusively incurred in relation to the sale/ transfer of shares are allowed to be deducted like Brokerage, GST.

In case of Intra day, all expenses are allowed as deduction from business income which are related to transfer of shares.
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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If I transfer shares Rs 10L worth from my demat to my wife, will there be any tax implications on me. Also once my wife receive the shares in her demat, if she sells what would be the tax implications on her for Rs 10L shares sold
Ans: Tax Implications on Transfer of Shares to Your Wife
No tax on the transfer:
Transferring shares to your wife is treated as a gift.
Under Indian tax laws, gifts between spouses are tax-free.
There is no gift tax for you or your wife on this transfer.

No capital gains tax at the time of transfer:
Since you are not selling the shares, there is no capital gain.
Hence, no capital gains tax applies to you.

Tax Implications When Your Wife Sells the Shares
Clubbing of Income Rules Apply:
Even though the shares are in your wife’s name, the capital gains will be taxed in your hands.
This is due to the clubbing provisions under Section 64 of the Income Tax Act.
The income from the gifted asset is added to the income of the person who gifted it.

Capital Gains Calculation:
The original cost of acquisition and the holding period will be based on when you bought the shares.
This means:

Short-term or long-term capital gain will depend on your holding period.
Indexed cost (for long-term gains) will be based on your purchase date.
Tax Rate:

Short-term capital gains (STCG): Taxed at 15% if held for less than 1 year.
Long-term capital gains (LTCG): Gains above Rs 1 lakh taxed at 10% (without indexation) if held for more than 1 year.
Key Points to Remember
The capital gain will be added to your taxable income, not your wife’s.
If your wife reinvests the proceeds, income from that reinvestment will be taxed in her name.
This clubbing rule applies only to the first level of income (capital gains in this case).
How to Reduce Tax Liability (Legally)
If your wife invests the sale proceeds into new assets, the future income from those assets will be taxed in her name.
This helps in tax planning for future earnings.
Best Regards,

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www.holisticinvestment.in
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Ramalingam Kalirajan  |8365 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Aug 28, 2024

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hello sir, recently i have sold some of my shares and make profit about Rs 40k . plz guide me about my tax implications.
Ans: When you sell shares and make a profit, the tax implications depend on the holding period and the type of capital gain—long-term or short-term. Here's how the tax will be calculated based on your Rs 40,000 profit:

1. Determine the Holding Period:
Short-Term Capital Gains (STCG): If the shares were held for less than 12 months before selling, the profit is considered short-term.
Long-Term Capital Gains (LTCG): If the shares were held for more than 12 months, the profit is considered long-term.
2. Tax on Short-Term Capital Gains (STCG):
Tax Rate: STCG on the sale of shares is taxed at 20% plus applicable surcharge and cess.

Your Situation: If your Rs 40,000 profit is short-term, it will be taxed at 20%.

Example Calculation:

Tax on STCG = 20% of Rs 40,000 = Rs 8,000
Add surcharge and cess as applicable to arrive at the final tax payable.
3. Tax on Long-Term Capital Gains (LTCG):
Exemption Limit: The first Rs 1.25 lakh of LTCG in a financial year is tax-free.

New Rule (12.5% on gains above Rs 1.25 lakh): If your total LTCG exceeds Rs 1.25 lakh, the amount above Rs 1.25 lakh will be taxed at 12.5%.

Your Situation:

If your Rs 40,000 profit is long-term and your total LTCG for the year is within Rs 1.25 lakh, no tax will be due on this profit.
If your total LTCG exceeds Rs 1.25 lakh, then the amount above Rs 1.25 lakh will be taxed at 12.5%.
4. Filing Tax Returns:
Include the Gains: You need to declare these capital gains when filing your income tax return.
Pay the Tax: Ensure that you pay any applicable tax before filing your return to avoid penalties.
Final Insights:
Whether your Rs 40,000 profit is short-term or long-term, understanding the holding period and applying the correct tax rate is essential. If your gains fall under LTCG and your total gains for the year exceed Rs 1.25 lakh, be prepared to pay the 12.5% tax on the excess amount.

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