I had a joint demat account with my wife. I have opened individual demat account and transferred shares purchased by me over the years from the joint account to my individual demat account in April 2022. I sold a couple of shares in April and made profit.

Will Capital Gain Tax be applicable w.e.f. date of purchase or from date of share transfer?

I am retired now and income from pension and investments will be around Rs 2.5 lakh for financial year.

Ans: Tax Implications on Transfer of Shares to Your Wife
No tax on the transfer:
Transferring shares to your wife is treated as a gift.
Under Indian tax laws, gifts between spouses are tax-free.
There is no gift tax for you or your wife on this transfer.

No capital gains tax at the time of transfer:
Since you are not selling the shares, there is no capital gain.
Hence, no capital gains tax applies to you.

Tax Implications When Your Wife Sells the Shares
Clubbing of Income Rules Apply:
Even though the shares are in your wife’s name, the capital gains will be taxed in your hands.
This is due to the clubbing provisions under Section 64 of the Income Tax Act.
The income from the gifted asset is added to the income of the person who gifted it.

Capital Gains Calculation:
The original cost of acquisition and the holding period will be based on when you bought the shares.
This means:

Short-term or long-term capital gain will depend on your holding period.
Indexed cost (for long-term gains) will be based on your purchase date.
Tax Rate:

Short-term capital gains (STCG): Taxed at 15% if held for less than 1 year.
Long-term capital gains (LTCG): Gains above Rs 1 lakh taxed at 10% (without indexation) if held for more than 1 year.
Key Points to Remember
The capital gain will be added to your taxable income, not your wife’s.
If your wife reinvests the proceeds, income from that reinvestment will be taxed in her name.
This clubbing rule applies only to the first level of income (capital gains in this case).
How to Reduce Tax Liability (Legally)
If your wife invests the sale proceeds into new assets, the future income from those assets will be taxed in her name.
This helps in tax planning for future earnings.
Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

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

Ans: 01. There is no issue of inheritance involved in this case, as far as income tax is concerned.
02. If you sell shares, it would be subject to LTCG Tax under Income Tax.
03. Please note that only Gain would be taxed & not gross receipts from sale of shares.
04. There would be a tax exemption of up to Rs.1,25,000.00 per year on LTCG. Beyond this amount, it shall be taxed @12.50%.
05. If LTCG amount is more, then you may plan for certain other exemptions available under the income tax (u/s54F).
Most welcome for any further clarifications. Thanks.

Ans: 01. Your LTCG will be taxed @ 12.50% without Indexation You.
02. Please note that first LTCG on Securities would be exempt up to an amount of Rs.1.25 lakhs.
Most welcome for any further clarifications. Thanks.

Ans: Shares transferred to relative is not an Income and not subject to tax. Period of holding and cost will be added to recipient.

Ans: 01. First of all, calculate LTCG on this transaction, considering Sale Value & Cost of purchase. You both shall file your ITR on the basis of 50% share of LTCG each.
02. If you purchase Capital Gain Bonds, these should be taken separately in the name of both of you. However, spouse can be a co-applicant, while purchasing these bonds or nomination in favor of your spouse can be made, to protect your interest.
Most Welcome for any further clarification. Thanks.