Capital gains tax on tax free bonds sold before maturity

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Mitesh (Querist)
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25 August 2013 [1] Is capital gains or short term gains applicable in selling tax free bonds before maturity? If yes, what is the rate?
[2] If I invest in name of my wife, will income from selling tax fre bonds before maturity will be clubbed in my income or my wife's income?

Mitesh

Mitesh (Querist)
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21 September 2013 Please guide.

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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18 July 2024 1. **Capital Gains Tax on Tax-Free Bonds Sold Before Maturity:**

Tax-free bonds are typically issued by government entities or public sector undertakings (PSUs) and provide interest income that is exempt from income tax under the Income Tax Act. However, if you sell tax-free bonds before maturity, any profit or gain arising from such a sale will attract capital gains tax. Here's how it works:

- **Classification of Gains**: The gains made from selling tax-free bonds before maturity are treated as capital gains. Whether it is short-term or long-term capital gains depends on the holding period of the bonds.

- **Short-Term Capital Gains (STCG)**: If the bonds are held for 3 years or less before sale, the gains are classified as short-term capital gains. Short-term capital gains tax is applicable at the individual's applicable income tax slab rates.

- **Long-Term Capital Gains (LTCG)**: If the bonds are held for more than 3 years before sale, the gains are classified as long-term capital gains. Long-term capital gains tax on listed securities (including tax-free bonds) is currently exempt under Section 10(15)(iv)(h) of the Income Tax Act, provided the securities are listed on a recognized stock exchange in India. If the bonds are not listed, then LTCG will be taxed at 20% with indexation.

2. **Clubbing of Income on Investment in Name of Wife:**

- **Income Clubbing**: Generally, income arising from investments made in the name of your spouse is clubbed with your income as per the provisions of Section 64 of the Income Tax Act, if certain conditions are met. This means any income arising from selling tax-free bonds before maturity that is invested in the name of your wife may be treated as your income for tax purposes.

- **Exceptions**: There are certain exceptions to income clubbing rules, such as if the investment is made from assets transferred before marriage, or if your spouse has independent sources of income and the investment is made from such independent income.

- **Tax Implications**: If income from selling tax-free bonds before maturity, invested in your wife's name, is clubbed with your income, you will be liable to pay tax on the gains as per your income tax slab rates for STCG or LTCG (if applicable).

### Conclusion:

1. **Capital Gains Tax**: Yes, capital gains tax applies on selling tax-free bonds before maturity. Short-term gains are taxed at your applicable income tax slab rates, while long-term gains are exempt if the bonds are listed or taxed at 20% with indexation if unlisted.

2. **Clubbing of Income**: Income from investments in your wife's name is typically clubbed with your income unless specific exceptions apply under the Income Tax Act.

For personalized advice based on your specific situation, including any exceptions or nuances in tax laws, it is recommended to consult with a qualified tax advisor or chartered accountant. They can provide guidance tailored to your circumstances and ensure compliance with tax laws.

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