Property, listed equity, mutual funds, gold, F&O and RSU/ESOP gains — computed under the right method, reinvested under the right section, and reported in the right schedule. For Pune residents, NRI sellers, and HNI portfolios.
What we do
Practice areas.
01
Property Capital Gains — 12.5% v 20% and the Section 54 stack
The post-July-2024 property regime, the resident-individual 20%-with-indexation option, and the three exemptions that shelter the gain.
12.5% without indexation v 20% with indexation — comparative computation for property acquired before 23 July 2024 (Finance (No. 2) Act, 2024)
Cost of acquisition under Section 49(1) for inherited and gifted property; 1 April 2001 fair-value option under Section 55(2)(b)
Indexation using the Cost Inflation Index for assets eligible for the 20% route
Section 50C stamp-duty-value adjustment where consideration is below SDV
Section 54 — exemption on residential-house sale where gain is reinvested in another residential house
Section 54F — exemption on long-term gain from any asset where net consideration is reinvested in a residential house
Section 54EC — investment of up to ₹50 lakh in NHAI / REC / PFC bonds within 6 months of sale (5-year lock-in)
Capital Gains Account Scheme, 1988 — parking the gain before the return due date to preserve exemption
Section 194-IA — 1% buyer TDS on resident-seller transactions of ₹50 lakh or above; Form 26QB + Form 16B mechanics
Section 195 — NRI-seller TDS at higher rates; Section 197 lower-deduction certificate application (Form 13) to free up cash at closing
02
Equity, mutual funds, F&O and RSU/ESOP gains
Listed and unlisted equity, mutual-fund switches, F&O business-income classification, and the two tax moments on equity compensation.
Section 111A — 20% short-term capital gains on listed equity / equity mutual funds (effective for transfers on or after 23 July 2024)
Section 112A — 12.5% long-term capital gains on listed equity / equity mutual funds above the ₹1.25 lakh annual exemption
Debt mutual funds bought on or after 1 April 2023 — taxed at slab rate, no long-term benefit
Loss set-off order — short-term losses offset both ST and LT gains; long-term losses offset only LT gains; 8-year carry-forward only on timely filing
F&O as business income under Section 28 — ITR-3, turnover computation under ICAI guidance, audit applicability under Section 44AB
RSU and ESOP — perquisite at vesting / exercise (taxed as salary), capital gain at sale (cost base = FMV at vesting); two-moment taxation
Should I pick 12.5% without indexation or 20% with indexation on my Pune flat sale?
If you are a resident individual or HUF and acquired the property before 23 July 2024, you can choose the lower of (a) 12.5% without indexation or (b) 20% with indexation, on long-term capital gains. The right answer depends on the actual cost base, holding period, and improvement costs — we compute both methods and apply the lower. For acquisitions on or after 23 July 2024, only the 12.5% route applies.
Can I claim Section 54 if I have already booked a flat under construction?
Yes. Section 54 allows you to claim the exemption if you purchase one residential house within one year before or two years after the sale, or complete construction within three years. An under-construction booking with milestone payments before the sale and possession within the three-year window typically qualifies — subject to the construction actually completing on time. Until completion, the gain should be parked in the Capital Gains Account Scheme.
I am an NRI selling my Pune property — what TDS will the buyer deduct?
Without a Section 197 lower-deduction certificate, the buyer must deduct TDS under Section 195 at the long-term capital-gains rate plus applicable surcharge and cess — typically around 20% plus, computed on the gross sale consideration. A Section 197 certificate cuts the TDS to the rate matching your actual tax liability. We apply for the Form 13 certificate before the sale completes; the application takes 2-4 weeks at the jurisdictional International Taxation cell.
How are F&O gains taxed?
Futures and options income is non-speculative business income under Section 28 of the Income-tax Act, reported in ITR-3. Turnover is computed as the absolute sum of profits and losses on each trade plus premium received on options sold — not the contract value. Tax audit under Section 44AB applies broadly at ₹10 crore of turnover for digitally settled transactions. Losses can be carried forward eight years against business income, only if the return is filed by the due date.
Are my US-listed RSUs taxed twice?
No — but they look that way if you miss the cost-base step. RSUs are taxed first at vesting as a perquisite added to your salary; this fair market value becomes your cost of acquisition. When you later sell, capital gains apply only on the gain over that cost — not on the full sale proceeds. Foreign shares are also subject to mandatory Schedule FA disclosure regardless of whether you sold during the year; non-disclosure attracts up to ₹10 lakh per year under the Black Money Act.
What is the Capital Gains Account Scheme?
Under CGAS 1988, where the gain (or net consideration for Section 54F) cannot be reinvested before the return due date, it must be deposited in a designated CGAS account at a notified bank by that due date. The exemption is preserved until you use the deposit for the qualifying reinvestment within the prescribed window. If the deposit is not used in time, it becomes taxable in the year the window expires.
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