Short term capital gain (shares)

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  • My wife is having some short term capital gain through selling of equities, will it be taxable? Considering her total income is not more than 2 lacks.
  • She is housewife and does have income through FD and sell of shares; will it be considered as business income for her?
Replies (4)
it is not business income, though intt on fd will be taxed under other sources, stcg will be taxed under capital gains....

generally short term capital gains on shares are taxable in slab rates.. if Securities Transaction Tax (STT) is paid then it attracts flats 15% tax on the short term capital gains.. so if STT paid then she have to pay 15% tax.. since she is housewife i think her income on short term cap gains will be clubbed in your hands and u need to pay tax for them.. this is wat act says.. anyway better get suggestions from those in taxation field too .....

 

Mr Sumeet,

you need to follow few instructions

1) Investment in shares by her own source of income or you have given her money for investment??

2) If you have given than , u have shown it as Gift/loan ?? ( purpose of clubbing provision)

3) i m assuming that STT must be paid and you must be having valid contract notes for the same.

4) If Clubbing provision will apply than Short term capital gain (STCG) will be clubbed in your total income and wil be taxed @ 15%.

5) If clubbing provisions will not apply than STCG will we taxed in her total income @ 15 %. she can also get slab benefit.

 

Assuming that she has purchased shares from her own money clubbing provisions shall not apply..

In such a case STCG shall be taxable @ 15%(even when Total Income doesnot exceed Rs2 lacs Basic exemp limit)...

However, a relief may be claimed in respect of such gain u/s 111A that if income excluding such STCG is less than Basic exemption limit , then STCG shall be reduced to the extent of difference b/w Basic exemp limit and Total inc(excluding STCG)...such remaining STCG shall be liable to tax @ 15% without any deduction under Chapter VIA..

 

In short , Taxable STCG may be calculated as under..

 

Short term cap gain xxxxxx
less:(Basic exemp-Total income excluding STCG)...only when the total income excluding STCG is less than basic exemp limit xxxx
Net taxable STCG @ 15% (without any further dedction  under Chapter VIA)  

 

In case clubbing provisions apply, then the same will be clubbed your hands (husband's) in the same manner as aforesaid.

 


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