Since Quicko and Motilal have given confusing and conflicting details, I decided to dig into the tax laws and acts and I’m going to exactly quote the section responsible for the current tax rate.
Duration(Holding period for classification into long term/ short term):
- This is decided by Section 2(42A),which currently states every asset <24m is a short term asset except a few. These exceptions decide whether a lesser holding period <12m is applicable for a asset.
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Provided that in the case of a security 10[***] listed in a recognized stock exchange in India or a unit of the Unit Trust of India established under the Unit Trust of India Act, 1963 (52 of 1963) or a unit of an equity oriented fund or a zero coupon bond, the provisions of this clause shall have effect as if for the words 11"[twenty-four] months", the words “twelve months” had been substituted:
- Since
MON100is a “security listed in a recognized stock exchange in India”, the holding period of 12m is applicable.
Capital Gain rate:
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This rate is determined by
- LTCG: Section 112,
- LTCG( for shares): Section 112A
- STCG(for shares): Section 111A
- Special section: 50AA for specified mutual funds
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LTCG: The rate is basically the same at 12.5% for both 112 and 112A. The only difference is whether 1.25L tax exemption availability. 112A gives the exemption. 112 doesn’t.
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LTCG:
MON100doesn’t satisfy the definition of “equity oriented mutual fund” in 112A because it doesn’t invest 65% in “domestic” companies. So, LTCG is 12.5% under 112 with no 1.25L exemption… -
STCG: If this security comes under 111A, then tax is at 20%, else slab rate.
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STCG:
MON100doesn’t satisfy the definition of “equity oriented mutual fund” in 112A because it doesn’t invest 65% in “domestic” companies. Therefore, it doesn’t satisfy the definition in 111A either. So, STCG is slab rate. -
50AA: The govt changed the definition of “Specified mutual funds” in this section for new financial year. Basically, any fund that is a “Specified mutual fund” is treated as short term and section 2(42A) doesn’t apply, i.e., there is no holding period for it to become LTCG- It was always short term and taxed at slab rates. Previously all International mutual funds, Gold ETFs came under this because of the way it was defined(defined as non-equity funds). Now, only debt mutual funds(those that invest >65% in debt). So, MON100 is exempt from this definition now.
The income tax act is a messy web with information about a single capital gains put in multiple sections and multiple places here and there with multiple exceptions and provisions… it was hard, but I believe I caught them all. Even if Govt changes it in the future this will help you to know where to look for.