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How the order of LTCG set-off can price you greater than you assume


Do you keep in mind the fascinating rule whereas setting off losses from earlier years? Whereas setting off long-term capital loss introduced ahead from earlier years towards capital positive aspects from fairness underneath Part 112A, the loss is first set off towards the positive aspects, and solely then is the exemption of ₹1 lakh (₹1.25 lakhs from FY 2024–25 onwards) utilized.

That is truly tough, as generally the exemption goes unutilised, or in different circumstances, the carry-forwarded losses diminish yearly by being set off towards positive aspects – even when the positive aspects are under the brink of exemption.

Concerning the writer: Manmohan Sethumadhavan is a freelancer, investor, and private finance fanatic “looking for absolutely the reality.” You possibly can observe Manu on Twitter @ManuTsr. He’s the writer of the above-mentioned article. A few of his different articles are:

This yr onwards, there may be one other fascinating interpretation. For the reason that tax price on long-term capital positive aspects (LTCG) aside from fairness has been decreased from 20% to 12.5%, we now have two classes of LTCG taxed on the similar price of 12.5%: fairness and non-equity. Nevertheless, solely capital positive aspects from fairness benefit from the exemption of ₹1.25 lakhs underneath Part 112A.

If a taxpayer has no different revenue besides LTCG, he would have an unutilised portion of his fundamental exemption restrict (based mostly on slab charges), which can be utilized to scale back his capital positive aspects tax legal responsibility. Normally, when a number of capital positive aspects underneath totally different tax charges exist, the capital achieve with the very best price is allowed to be set off first – benefiting the taxpayer.

However right here’s the query: Which LTCG must be set off first – fairness or non-equity – when each are taxed on the similar 12.5% price?

At first look, one could marvel why it issues if the tax charges are the identical. However it does matter – as a result of LTCG from fairness carries the extra advantage of the ₹1.25 lakh exemption, and whether or not or not this exemption will get used relies on when it’s utilized.

Contemplate this illustration for an individual having 3 lakhs every capital positive aspects from each fairness and non-equity.

Technique A
Steadiness in fundamental exemption restrict        3,00,000
Capital positive aspects (12.5%) aside from fairness        3,00,000
Much less stability in fundamental exemption restrict       -3,00,000
Internet positive aspects                  –
Capital positive aspects (12.5%) from fairness        3,00,000
Much less exemption u/s 112A       -1,25,000
Much less stability in fundamental exemption restrict                  –
Internet positive aspects      1,75,000
Complete Capital positive aspects taxed @12.5%      1,75,000
Tax @ 12.5%         21,875
Technique B
Steadiness in fundamental exemption restrict        3,00,000
Capital positive aspects (12.5%) from fairness        3,00,000
Much less stability in fundamental exemption restrict       -3,00,000
Much less exemption u/s 112A                  –
Internet positive aspects                  –
Capital positive aspects (12.5%) aside from fairness        3,00,000
Much less stability in fundamental exemption restrict                  –
Internet positive aspects      3,00,000
Complete Capital positive aspects taxed @12.5%      3,00,000
Tax @ 12.5%         37,500
How the order of LTCG set-off can price you greater than you assumeHow the order of LTCG set-off can price you greater than you assume
ITR Efiling: How the order of LTCG set-off can price you greater than you assume

In Technique B, if the set-off towards the fundamental exemption restrict is utilized first to capital positive aspects from fairness, there could be no room left to use the exemption underneath Part 112A, and it might go unutilised. In consequence, the tax payable could be greater.

Sadly, the calculator on the Revenue-Tax portal seems to be following this technique. We’ll have to attend for the discharge of the official utilities to see how this interpretation is dealt with.

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