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Public to Private: Capital Gains Tax Implications on Share Sale in 2024

T S Khurana |118 Answers |Ask -Follow

Tax Expert - Answered on Sep 28, 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

Asked by Anonymous - Aug 30, 2024Hindi

Money

If I sell shares of my public limited company which I bought at 10 Rs in 1995 sold at 300 rs in 2024 How much is capital gain tax in percentage I have to pay ? Secondly if I buy a Pvt limited Company shares from same amount Will u have to still pay tax as I don’t want to buy a residential property

Ans: 01. LTCG on Sale of securities shall be taxable @ 12.50%, if the sale is effected after July-2024. However, you would be entitled to a basic exemption of Rs.1.25 lakhs, from LTCG.
02. LTCG on Sale of securities, shall not be exempted, if you buy shares of Private limited company, with the same amount of capital gain.
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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Dear Sir, My wife had shop which was rented, same sold for 60Lakhs in May 2022 & purchased cost was 4 lakhs in year 2002. 51 lakhs have been re-invested in another commercial project in March2023. Request to confirm how much she had to pay as capital gain for ITR year 2023-24

Ans: To calculate the capital gains tax for the ITR year 2023-24, we need to determine the capital gains made from the sale of the shop.

Calculation of Capital Gain:
Sale Proceeds - 60,00,000
Less Indexed Cost of Acquisition - 12,60,952 (= 4,00,000 / 331 X 105)
Capital Gain = 47,39,048

Capital gains tax = Capital gain X Tax rate
=47,39,048*20%
=Rs 9,47,809

Your wife is required to pay the tax of around 9.47 Lakhs on the gain of 47.39 Lakhs.

Disclaimer- kindly contact a CA for exact figure and calculation as the above has been calculated on relevant information provided, the above values may change subject to other facts.

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Asked by Anonymous - May 09, 2024Hindi

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I purchased a industrial property in1993 For 10 lakhs. Now the value is about 22 crores. I will invest the sale proceeds for a house of 1 cr . If I sell the property how much Capital gain tax I have to pay

Ans: Assuming sales consideration is 22 crs then you will get the exemption to the extent of 1/22.

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Asked by Anonymous - Jun 30, 2024Hindi

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My father in law had a house which he constructed in 1990 on a plot cost was 2 lakhs. After his demise the house is being sold for 78 lakhs jun 2024. The proceeds of sale went to mother in law and two daughters. 33.3% each. How will be the capital gain tax be calculated and how will it tax liability for all three. All three are not working now. Help

Ans: Each of the beneficiaries shall file ITR separately and pay tax under the head Long Term Capital Gains. Since the plot is sold in June 2024, it shall be reported in ITR of A/Y 2025-26. Rate of LTCG Tax will be 12.50% (on gain only). Cost of plot as mentioned remains Rs.2,00,000.00, however please add Cost of Construction (which is not mentioned in the question) of house in the cost.
All the three are eligible for relief either by investing in house property or purchasing Capital Gains Bonds of NHAI or REC etc.
Most welcome for any further clarification. Thanks.

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Asked by Anonymous - Sep 26, 2024Hindi

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I am a doctor currently practicing in my home town with my wife.I have three financial goals 1. To accumulate atleast 1.5 to 2cr in 5 years - to establish a health centre 2. 15 cr in 15 years - for my kids education 3.25 cr in 30 years for our retirement Can you suggest us how to go about it?

Ans: Hello;

1. First target is to accumulate 1.5-2 Cr for establishing health centre. For the achievement of this target either you can do a flat monthly sip of 1.8 L for 5 years
Or
You may begin with a monthly sip of 1.25 L and top-up each year by 20% upto 5 years.

Both routes will yield you a corpus of 1.5 Cr for health centre as desired.

2. Second target is 15 Cr target for kid's education to be achieved in 15 years. For the achievement of this target either you can do a flat monthly sip of 2.7 L for 15 years.
Or
You may begin with a monthly sip of 1.2 L and top-up each year by 15% minimum upto 15 years.

Both options will led you to a corpus of 15 Cr for child education as desired.

3. Third and important target of retirement corpus of 25 Cr to be achieved in 30 years.
For the achievement of this target either you can do a flat monthly sip of 57 K for 30 years.
Or
You may begin with a monthly sip of 24 K and top-up each year by 10% minimum upto 30 years.

Either ways you will achieve your targeted retirement corpus of 25 Cr.

A modest return of 13% assumed for investments in pure equity mutual funds for all workings.

You may follow us on X at @mars_invest for updates.

Happy Investing!!

*Investments in mutual funds are subject to market risks. Please read all scheme related documents carefully before investing.

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Asked by Anonymous - Aug 28, 2024Hindi

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I purchased an under-construction residential apartment in February 2024 and sold my other residential apartment in August 2024. Thus both the transactions have happened in different financial years and purchase of property has happened not only before the sale of another property but also in previous financial year. Will the capital gains made out of the property sold are tax-free considering the fact that property purchased was of significantly more value than the sale price of the other property?

Ans: Yes. You are entitled to claim exemption for the apartment purchased in February-2024, against Sale of your other apartment in August-2024. This is within time limit of one year, in which you are supposed to purchase a new residential property to be eligible for exemption u/s 54.
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Asked by Anonymous - Sep 28, 2024Hindi

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What are the STCG tax saving instruments available for Sale of property within one Year.

Ans: My view is that their is NO way you can avoid short term capital gain tax accruing due to sale of property within one year.

However you may consult a CA to get a specific feedback on aspects of tax saving in your case.

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Question by Prash - Sep 15, 2024Hindi

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What are the STCG tax saving instruments available for Sale of property within 1 Yr....

Ans: 01. Unlike LTCGs, there is no specific Tax Saving Instruments, in case of STCGs.
02. STCG will be treated like any other Income in ITR and taxed accordingly.
03. Keeping in view you taxable income, you may plan for tax saving investments/expenses. This may help you to reduce your tax liability.
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What are the STCG tax saving instruments available for Sale of property within 1 Yr.

Ans: 01. Unlike LTCGs, there is no specific Tax Saving Instruments, in case of STCGs.
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03. Keeping in view you taxable income, you may plan for tax saving investments/expenses. This may help you to reduce your tax liability.
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Question by N - Sep 25, 2024Hindi

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I become a senior citizen this year. My annual income is as follows. I got 3 lacs ltcg from mutual fund and 2 lac from other source.I want to know 1.25lacs ltcg is exempt from tax . Will I have to pay tax for remaining 1.75 lacs.

Ans: 01 You have correctly assessed that you will have to pay LTCG tax on remaining Rs.1.75 lakhs.
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Question by Uday - Sep 25, 2024Hindi

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Hi Hi am 68 years old retired government employee in 2002 I had purchase a flat at 3.5 lack. Recently on May 2024 I have sell that flt on 21.50 .all the money I have given to my son who had purchased a new flat.can I pay capital gain tax.if yes then how much.

Ans: 01. Since you have sold the flat in May-2024, applicable LTCG tax would be @20%, with indexation.
02. You are liable to declare LTCG in your ITR & pay tax accordingly.
03. Exact tax amount payable by you can't be calculated in absence of detailed info about your Income from all sources & Tax Savings etc.
04. you can gift your son this sale amount, who may utilize the same in a way he likes.
05. If your want to save your LTCG, you should have purchased the new flat, may be in the name of your son. In this way you would have been entitled to exemption u/s 54. There are some tribunal decisions, which have confirmed that property purchased in the name of Spouse, son or daughter (Lineal blood relations), is eligible for exemption u/s 54.
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Hi Sir, I have been investing in Mirae Asset Emerging Fund - Dir since 4 years, recently this has changed to Mirae Asset Large & Midcap fund, post this I see the fund is not doing good in its category, now I want to move this fund to Mirae Asset Equity Saving Fund-Dir, so what should be my way to do it, I have earned over 8L interest in this fund, so there will be Capital gain associated with this. please suggest the way do it, should I do STP and withdraw some amount to pay for Capital gain, please suggest.

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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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