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

Ans: If Virtual Digital Assets (like Cryptocurrencies) are not held as Investment, it will be liable to tax as Income from Business and Profession. Further, in the absence of any specific exemption, in my view, tax audit provisions are likely to apply for turnover above Rs 10 crore, subject to fulfilment of other conditions.

GST on Cryptocurrencies is at proposed stage and not yet implemented.

Ans: Loss from shares can be claimed once shares are transferred from d-mat. Thus, loss from non tradable shares can not be claimed unless shares transferred from d-mat.

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.

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