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Mihir

Mihir Tanna  |933 Answers  |Ask -

Tax Expert - Answered on Jul 15, 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 - Jul 14, 2024Hindi
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We were having Reliance Retail shares , which was non-listed shares in stock market. As part of capital reduction scheme, Reliance Retail decided to buy-back these shares.But, in 26AS, it is showing that Reliance retail has paid dividend (amount equal to share price) and it is the only amount I received. They have also deducted 10% TDS on it as amount is close to 1.4 Lakhs. How to show this transaction in Income tax return? It can be shown it under "Income from other sources", but in that case Tax would be much more. If it is also shown as Long term capital loss as capital is reduced, one cannot set-off it against dividend. Can it be treated as Long term capital gain?

Ans: Any distribution to its shareholders by a company on the reduction of its capital, to the extent to which the company possesses accumulated profits is considered as Deemed Dividend and taxable as Income from other cources
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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Ramalingam

Ramalingam Kalirajan  |6240 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jul 18, 2024

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Have one query with respect to tax implications of reliance retail capital reduction. They have cancelled shares and returned only 40% of capital, that they have shown as dividend. Should we pay dividend on this? So even though as you said the "distribution to its shareholders by a company on the reduction of its capital, to the extent to which the company possesses accumulated profits is considered as Deemed Dividend" , we can show the amount paid as dividend, but won't we be able to show capital loss also? if we have bought shares at X/- price and didn't get any other money than the deemed income, how much can we declare the entire amount as capital loss?
Ans: The situation you described involves two main tax considerations: deemed dividend and capital loss. Let's break this down step-by-step.

Deemed Dividend
When a company reduces its capital and returns part of the capital to shareholders, the distribution to the extent of accumulated profits is considered a deemed dividend under Section 2(22)(d) of the Income Tax Act.

Deemed Dividend: The amount distributed from accumulated profits is treated as dividend income.
Taxation: Dividends are taxed in the hands of shareholders as per their applicable income tax slab rates.
Capital Loss
The reduction of capital also affects the capital structure of your investment. Here's how you can account for this:

Determine Cost Basis: If you bought shares at Rs X, your initial cost basis is X per share.
Capital Reduction: If only 40% of the capital is returned and the rest is canceled, your cost basis is proportionally reduced.
Calculating Capital Loss
Let's assume:

Initial cost per share: Rs X
Shares reduced by 40%: Rs 0.4X returned as deemed dividend.
Your adjusted cost basis per share would now be:

Adjusted cost basis = Initial cost - Amount returned as deemed dividend
Adjusted cost basis = X - 0.4X = 0.6X
Declaring Capital Loss
Remaining Shares: If you hold the remaining shares, their adjusted cost basis is 0.6X.
Sold Shares: If you sell the remaining shares, any difference between the selling price and the adjusted cost basis (0.6X) would be your capital gain or loss.
Example
Initial Purchase Price: Rs 100 per share

Capital Reduction: Rs 40 returned as deemed dividend

Adjusted Cost Basis: Rs 100 - Rs 40 = Rs 60 per share

If Shares Sold at Rs 50:

Capital Loss: Rs 60 - Rs 50 = Rs 10 per share
Steps to Declare in Tax Returns
Dividend Income:
Report the amount returned as deemed dividend under "Income from Other Sources".
Capital Loss:
Calculate the adjusted cost basis of the remaining shares.
Report any capital loss under "Capital Gains" if shares are sold.
Key Points to Remember
Maintain Records: Keep detailed records of your transactions, including the original purchase price, amount returned as deemed dividend, and the adjusted cost basis.
Consult a Professional: Taxation can be complex, especially with corporate actions like capital reduction. It's advisable to consult a Certified Financial Planner or tax consultant for precise calculations and compliance.
Final Insights
Managing tax implications of corporate actions like capital reduction requires careful consideration of both deemed dividends and potential capital losses. By maintaining accurate records and consulting with professionals, you can ensure compliance and optimize your tax outcomes.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

..Read more

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