Recent Changes in Rules Relating to the Capital Gains Tax in India

The capital gains tax rate has recently increased from 15% to 20%. Now it combines with the new Health Care Act Investment Tax of 3.8%, which makes the overall rate increase to 23.8%.

If someone intends to sell out his or her stock this year, he or she will have to pay further 8.8% tax on it compared to those who have completed a transaction in the last year.

Now there is certainty about the amount to be paid in taxes. It should be known that the tax rates will not change in the future.

You can calculate it yourself: Now you can do the calculation of your tax to be paid yourself. The capital gains will be taxed at 23.8%. A notable feature in the increased capital gain rate is that now, the leftover capital loss accumulated carryovers are now worth more. It means that capital losses and capital loss carryovers will now trigger a transaction.

Capital gains tax is now exempted to foreign banks converting into subsidiaries:

The government has exempted the foreign banks from paying capital gains tax when their branches are converted into wholly owned subsidiaries in India. This had been a remarkable favor towards the foreign banks done by the Government of India.

The new changes tend to help the companies running in loss:

The changes in the capital gains tax rules regarding the decrease or cancellation of debt aims to provide tangible tax relief to companies in financial crisis.

The change in the taxation laws reduces the capital gains tax liability initiated by the cancellation or the reduction of debt.

Previously the reduction or cancellation would have initiated an immediate capital gains tax, but the recent changes have given the opportunity to lower down the cost of an asset on which capital gains tax are going to be levied.

There are many instances where the tax burden had been decreased.

The amendment in TDS provisions as proposed by the Budget 2012-13:

In Budget 2012 some minute changes has been made in the rates of Tex Deducted at Source (TDS) and cut off amounts. But at the same time some new items have also been introduced on which TDS is required to be deducted.

Section 194LC has been introduced in the Income Tax Act. It is a new section in the Income-tax Act w.e.f. 1-7-2012. It deals with the deduction of tax at the concessional rate of 5% along with surcharge on interest paid to a non-resident, other than a foreign company. This interest relates to any sum borrowed by any Indian company from the nonresident on or after 1-7-2012 but prior to 1-7-2015 in foreign currency from a source outside India. This borrowing requires being under a loan agreement or through an issue of long-term infrastructure bonds approved by the Central Government. Moreover the rate of interest should not be more than that approved by the Government of India norms.

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Related Articles – capital gains tax, new rules relating to tax, Budget 2012-13,

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