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Share Profits from Lost Broker? | Should I Pay Taxes?

T S Khurana |402 Answers |Ask -Follow

Tax Expert - Answered on Aug 17, 2024

A certified management accountant since 1993, T S Khurana is a fellow member of The Institute of Cost Accountants of India. His areas of expertise are income tax, specifically litigation cases, and GST.

Since the last 21 years, he has also been providing expert advice on financial matters, including investments and diversification of funds, and wealth building in the long term to his clients.
He believes that investment in real estate is the safest way for better returns and wealth generation over a period of time.

A former chairman of the Chandigarh Chapter of Institute of Cost Accountants of India, T S Khurana has also served as member of its technical committee.... more

Question by Pratima on Jul 31, 2024Hindi

Money

Profits gained on shares but lost on cyber crime online shares trading. The trading firm is not existed now. Do I still pay taxes for the money earned through shares in genuine brokerage firm

Ans: Yes. You have to pay tax on gains from Shares trading. Loss due to cyber crime has no connection with your income/gains from shares.
Most welcome for any further clarifications. Thanks.

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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Question by Kuchel - Mar 09, 2024Hindi

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i got trapped in online share trading and lost huge money, Fraudster is asking to pay the tax for using their platform for trading. They shared new bank details to transfer taxes. I raised cybercrime and informed bank where the money was transferred. I want your guidance for approach.

Ans: You made the correct decision since taxes are deposited into the income tax department rather than a personal bank account.

Since you said that you have lost a significant amount of money through online trading, there will be no tax obligation. Tax will only be payable at the time the capital gains are booked. However, the platform will charge certain fees in order to execute the transaction.

If they continue to ask for taxes, you may register a complaint with supporting documents, bring up the matter of online fraud to the cybercrime cell online. Also, inform the bank where the money was transferred.

You may then initiate the following legal actions:

1. Report the platform and complaint registered with regulatory body (Stock and Exchange Board of India), so that the platform will not impact other investors.
2. Keep all the details securely with you like communications with the platform.
3. Money transfer receipts.
4. Cybercrime complaint copy.

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

Question by vinod - Aug 23, 2024Hindi

Money

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.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

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Asked by Anonymous - Mar 15, 2025Hindi

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I AM THINKING OF TAKING A LOAN OF 5,00,000 AGAINST MY CURRENT MUTUAL FUND MOTILAL OSWAL SMALL CAP FUND AND REINVEST IT IN SAME FUND FOR NEXT 3 YEARS. I DON'T WANT LIQUIDITY FOR NEXT 3-4 YEARS. SEEING THE MARKET IS LOW RIGHT NOW CAN I EXPECT A REURN? SHOULD I CONSIDER THIS OPTION?

Ans: Taking a loan against your mutual funds and reinvesting in the same fund may seem like an opportunity to maximise gains. However, this strategy carries significant risks.

Key Risks to Consider
1. Market Uncertainty
Small-cap funds are highly volatile.
A temporary market correction doesn’t guarantee strong returns in the next 3 years.
If the fund underperforms, you could face both a loan repayment burden and lower returns.
2. Interest Cost vs. Expected Returns
Loan interest rates on mutual fund pledges typically range from 9-12% per annum.
Your small-cap fund must generate higher returns than the loan rate to make this strategy profitable.
If the fund returns below 12% CAGR, your effective gains will be negligible or negative.
3. Forced Liquidation Risk
If the market corrects further, your lender may sell your pledged mutual fund units to recover the loan.
This could happen at a loss, forcing you to exit at a lower NAV.
4. Overexposure to a Single Fund
Investing additional money into the same small-cap fund increases concentration risk.
Instead, diversification across flexi-cap, mid-cap, and small-cap funds is better.
Alternative Approaches
Instead of taking a loan, consider:

SIP Investment Strategy

Continue SIPs in a staggered manner rather than a lump-sum reinvestment.
This reduces the risk of investing at an unfavourable price.
Diversified Portfolio Allocation

If markets recover, large-caps and flexi-caps may rebound earlier than small-caps.
Diversifying into these categories will balance returns and risk.
Rebalancing Your Current Portfolio

If you have underperforming funds, consider shifting money to stronger funds.
This avoids borrowing costs and interest rate risks.
Final Insights
Taking a loan against your mutual fund for reinvestment is not advisable due to the high risk of market downturns, interest costs, and forced liquidation. Instead, a disciplined SIP approach in diversified funds will offer better risk-adjusted returns.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

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Ans: Hello Dear.
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Asked on - Mar 15, 2025 | Answered on Mar 15, 2025

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Greetings to Gurus, I am student from Kolkata,West Bengal. I have completed my ISC in year 2020 from Commerce stream without maths. I am from Lower Middle Class Family, finance is big issue for me. After ISC I enrolled in B.COM(Hons) course from a college under Calcutta University. I was ambitious of being Chef from childhood. But during Covid times and finance problem, I haven't pursued. During my college life, My first three semesters completed online in Covid period, after the lockdown period, my fourth semester got offline and I just passed in one paper out of 4 and then my 5th semester exam got cleared after that I appeared for rest 3 papers of sem 4 and cleared 2 papers and in sixth semester cleared 3 paper out of 4. Again in 2024, I appeared for 6th sem 1 backlog paper and cleared it but don't able to clear 4th sem one backlog paper. So, I have started my UG in year 2020 but not able to clear it till 2024 because of 1 paper(Taxation) and I have last option to reappear in 2025 examination. I want to earn good in my life, suggest me some opportunities and a way to get out from this loop. Mentally getting depress also.

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Learn Tally, GST Filing, Income Tax Filing.
Free courses: Government’s NPTEL, YouTube (Search “GST Filing Course India”)
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DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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