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Income Tax

Leveling the Field: Reforming Capital Gains Tax

Published on
August 20, 2024
Author
Athulya Augustine
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The complicated and divisive topic of capital gains taxation persists in the ever-changing world of International finance. The goal of rationalizing capital gains taxation is to improve the efficiency, equity, and streamline the tax structure. Capital gains tax, levied on the profits realized from the sale of assets, has been controversial issue in tax policy worldwide. While it serves as a revenue source for governments, it also impacts investment decisions, economic growth and wealth distribution. The rationalisation of capital gains taxation involves striking a delicate balance between these competing objectives. With the goal of streamlining and rationalizing the procedure, the Union Budget 2024–25 made substantial adjustments to the capital gains tax system.

Overview of Recent Budget Amendments

A number of changes to capital gains tax laws have been made in recent budgets. Increased tax justice, better economic incentives, and adaptations to handle inflationary pressures are among the policy aims that are reflected in these reforms. Although specifics differ by jurisdiction, rate modifications, exemption modifications, and updated reporting requirements are recurring themes.

Recent Shifts in Capital Gains Taxation

Holding Period:  Holding period for determining whether a capital gain is short term or long term has been revised. The recommended holding term is 12 months for listed securities and 24 months for all other assets. Units of listed equity shares are therefore available at 12 months as opposed to 36 months previously. The current 36-month holding term for gold, bonds, and debentures will be reduced to 24 months. It will continue to be 24 months for immovable property and unlisted shares.

Tax Rate: For Equity related investment, the tax rate on short-term capital gains has been raised from 15% to 20%. For all long-term capital gains, regardless of asset class, the government has imposed a flat tax rate of 12.5%. The rate was previously different for each type of asset.

Indexation Benefit:  The indexation benefit that is now available for property, gold, and other unlisted assets be eliminated from the computation of any long-term capital gains. For every asset, the benefit of indexation—the process of adjusting an item's purchase price for inflation has been eliminated.

Exemption Limit: The tax-free threshold for long-term capital gains on investments linked to equities has been increased from Rs. 1 lakh to Rs. 1.25 lakh.

Bonds and Debentures: The tax rate on listed bonds and debentures has been lowered to 12.5% without the advantage of indexation. Similar to other debt securities, unlisted bonds and debentures will be taxed at the corresponding income tax slab rate.

Implications of Proposed Amendments

·   The real estate industry will probably be greatly impacted by the reduction of the long-term capital gain tax rate and the removal of indexation benefits. This is because the loss of the indexation benefit could result in higher capital gains tax for property sellers.

·   High-net-worth investors may be impacted by an increase in the short-term capital gain tax on the sale of listed shares and securities.

Rationalisation of Capital Gain

The capital gains tax regime is expected to be modified in a way that streamlines the tax code and gives taxpayers precise instructions. The government wants to encourage a more favorable investment climate and assist economic growth, thus it is raising the exemption level and reducing tax rates. The rationalization of the capital gains tax structure is a step towards a more transparent and investor-friendly tax system. In line with its larger economic goals of inclusive and sustainable growth, this is the first step toward developing a tax system that is fair and encourages investment.

Overall, the rationalization of the taxation of capital gains in the latest budget amendment is a positive step towards creating a more equitable and efficient tax system. By equalizing the tax rates for long-term and short-term capital gains and introducing new incentives for reinvestment, the government is not only simplifying the tax code but also promoting investment in key sectors of the economy.