Sub: HDFC Merger with HDFC Bank : Tax implications for shareholders I often read your excellent and concise replies to the tax queries of readers which are a source of guidance for the common man. I had purchased shares of HDFC as well as shares of HDFC Bank in several tranches over a long period of 17 years from 2006 onwards. Please guide me as to how to report these transactions in Schedule 112A of ITR which does not accept fractional quantities of shares and how to calculate long term capital gains. I file my IT Returns online myself.

Ans: Namaste,

I understand your situation and I'll try to provide a simple explanation.

For your mother's case, since she has sold a property and made a long-term capital gain, she will need to file her Income Tax Return (ITR) using Form 2 instead of Sahaj (Form 1). The reason being, Form 1 is for individuals having income from salaries, one house property, other sources (interest etc.) and having total income up to Rs 50 lakh. However, in your mother's case, there is a capital gain involved, so Form 2 is more appropriate.
The sale proceeds of the house will be reported under the head 'Capital Gains'. The purchase value of the plots will be reported as the 'Cost of Acquisition' under the same head. The capital gain tax paid will be reported in the 'Taxes Paid and Verification' section.
As for your case, since you have been made a co-owner of the plots, you should also declare this in your ITR. However, as you have not contributed to the purchase, it will not have any tax implications for you. You can mention it under the 'Asset and Liability' section if your taxable income exceeds Rs 50 lakh.
Please note that this is general advice and the exact details may vary based on the specifics of the transactions. It's always a good idea to consult with a tax advisor or chartered accountant to ensure all details are accurately reported.

Ans: already answered

Ans: Form : ITR 2
Income head : Capital gains
Tax liability depends upon your other income sources. If only this is the amount of income then no tax liability.

Please consult with your CA as well on this.

Ans: Understanding Your Capital Gains Scenario
You invested Rs. 93.5 lakhs in a commercial property in 2017. This property was jointly owned with your wife. The total cost, including expenses, was Rs. 1.09 crores. You sold the property in 2024 for Rs. 1.1 crore. This transaction resulted in a loss of Rs. 31.24 lakh, split equally between you and your wife.

Filing ITR2 with Capital Losses
The income tax system calculated a capital loss of Rs. 15.62 lakh for each of you. This loss has been set off against your long-term capital gains from other share transactions. The remaining loss can be carried forward.

Submit ITR2: Yes, you can finalize and submit ITR2 as shown. The system's calculation is correct.
Carry Forward and Set-Off of Capital Losses
The Income Tax Act allows you to carry forward capital losses for eight years. These losses can be set off against future capital gains.

Using Carried Forward Losses: Yes, you can use the carried forward losses to set off against future capital gains from share market transactions. This helps in reducing your taxable income in future years.
Analytical Insights
Loss Set-Off: By setting off the loss against your other gains, you reduce your tax liability for the current year. This is a strategic move.

Carry Forward Benefit: Carrying forward losses provides a cushion for future gains. It helps in managing tax liabilities efficiently.

Key Considerations
Record Keeping: Ensure you maintain all documents related to the sale and purchase of the property. This includes agreements, receipts, and tax filings. These documents are crucial for future reference and any tax scrutiny.

Tax Planning: Consider consulting a Certified Financial Planner for comprehensive tax planning. They can help optimize your investments and tax liabilities.

Future Investment Strategy
Diversification: Diversify your investments to balance risk and return. Consider mutual funds, bonds, and fixed deposits.

Risk Management: Assess the risk of each investment. Balance high-risk investments with safer options to protect your capital.

Final Insights
Managing capital gains and losses is crucial for effective tax planning. You have used the tax provisions wisely by setting off the losses against other gains. Carrying forward the remaining losses will help reduce your future tax liabilities.

By diversifying your investments and consulting with a Certified Financial Planner, you can optimize your financial portfolio for better returns and risk management.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

Ans: I understand that navigating tax implications can be tricky. Since you acquired HDFC Bank shares on a rights basis in 1995 and have experienced stock splits in 2011 and 2019, the merger with HDFC Ltd adds another layer of complexity.

To determine the tax you'll need to pay upon selling your shares, you'll need to consider the following:

Cost Basis: Calculate the original cost basis of your shares, including any additional shares received from the stock splits.

Current Market Value: Determine the current market value of your shares at the time of sale.

Capital Gains: Subtract the cost basis from the current market value to find the capital gains.

Holding Period: Since you've held the shares for over 20 years, they qualify as long-term investments, which typically have a lower tax rate compared to short-term investments.

Tax Rate: The long-term capital gains tax rate for equities in India is 10% if the gain exceeds ?1 lakh in a financial year.