Taxation and Indexation: How to Manage Capital Gains in India
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Taxation and Indexation: How to Manage Capital Gains in India

Updated on April 11, 2022 02:58 pm
Capital Gains

A Capital Asset is described as any movable or immovable asset which adds to the net worth of the individual owning the same. It is also characterized by appreciation in the value of the asset, which is essentially capital gains. A real estate asset or property falls under the same classification of a capital asset. Even though its value increases due to the market inflationary forces, the capital gains arises only when it is sold or transferred to someone else. The time period for which the seller of the property in question holds the same before selling it, determines whether the sale will be classified as a long term or short term and similarly the capital appreciation on the same is long term capital gains or short term capital gains. Any property that is sold or transferred within one year of its purchase is termed as short term capital gains and any sale beyond the period of one year is long term capital gains.

Indian Taxation treats the LTCG and short term capital gains (STCG) differently with different rates of taxation. While STCG is taxed at individual's total income tax slab with no indexation benefit, LTCG is taxed at a flat rate of 20% with indexation benefit.

Indexation is a linking adjustment made to the value of the property based on a predetermined index. The income tax authorities publish the index value for every financial year, through government notification. This method takes care of the rising cost of living of different years and maintains the price effect after inflation. This system was introduced in1980, which is taken as the base year with an index value of 100.

Let us examine the concept of indexation.

A property which was purchased in the financial year 1990-91, has been sold. The cost of the property in that year was 300000 INDIAN RUPEES. In the year 2016-17, the same property is sold for 8 million INDIAN RUPEES. The indexed cost of this property would be INDIAN RUPEES (1125 / 182 X 300000 = 1.85 million INDIAN RUPEES). So the LTCG on this property will be INDIAN RUPEES 6.15 million.

It has to be noted that if indexation was not available then the LTCG would have been INDIAN RUPEES 7.70 million, where as with indexation the same is 6.15 million INDIAN RUPEES. This takes care of the inflationary cost of living as well as the burden of tax is lower, since 20% on 6.15 million INDIAN RUPEES is quite lower than the same on an unindexed 7.70 million INDIAN RUPEES.

The next question in our minds comes as to how can we save the tax and avail the exemptions available in the income tax laws of India. The tax savings are as much applicable to a resident Indian as they are available to Non Resident Indians. Under the income tax law sections 54 , 54 F & 54 EC provide for exemptions where LTCG if invested as below need not be paid, and is a direct tax saving.

  • Section 54 - This section states that any long term capital gains arising out of the sale of a house property of a non resident, either self occupied or not, will be exempt from capital gains to the extent of investment of the said capital gains in a house property either 1 year before or 2 years after the sale of such house property, or utilized in the construction of a house property within 3 years from the date of transfer or sale of the house property. Plus , the new house property which is acquired is not sold or transferred with in a period of 3 years from the date of purchase or acquisition and if this new house property is sold within the period of 3 years as above, then the cost of acquisition will be reduced by the amount of capital gains earlier enjoyed. This will be for the purpose of calculating the capital gains. This new house sale would be treated as short term capital gains.
  • Section 54 F - This section states that if there is any sale of long term capital asset (asset acquired more than 3 years and other than a house property) , the long term capital gains on such sale shall be exempt , if the capital gains are employed in purchase of a house property before 1 year or after 2 years from such sale of the capital asset. Or the non resident constructs a house with the same proceeds within three years after such sale or transfer.
  • Section 54 EC - This section states that non residents can get their capital gains exempted if they invests the same or to such extent in certain bonds issued by the Govt. of India. These bonds are issued by the National Highways Authority of India or Rural Electrification Corporation. These bonds have a lock-in period of 3 years. If this exemption has been availed, no other exemption or deductions would be allowed for the same investments . These investments have to be made within a period of 6 months from the date of sale or transfer, plus the investment has to be made before the return filing date. Since the financial year 2014-2015, the government capped the same to an amount of 5 million Indian Rupees in one financial year.

The non resident can invest in advance and show the relevant documents to the buyer, so that they do not deduct the TDS from the sale proceeds. The non resident can also claim refund according to the income tax laws of India.

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They can promote confidence in a country's currency and reduce currency risk for businesses engaged in cross-border transactions.However, maintaining a fixed exchange rate requires significant intervention by the central bank and limits its flexibility to respond to economic changes.Floating Exchange RatesIn a floating exchange rate system, currency values are determined by market forces of supply and demand. The exchange rate fluctuates freely based on factors such as interest rates, inflation, economic performance, political stability, and market sentiment. Governments do not actively intervene to control or fix the exchange rate.For example, the United States has a floating exchange rate system, where the value of the U.S. dollar is determined by market forces of supply and demand. The Federal Reserve influences interest rates and monetary policy but does not actively intervene to fix the exchange rate.Advantages & Disadvantages of Floating Exchange RatesFloating exchange rates provide flexibility for currencies to adjust based on market conditions, allowing them to find their equilibrium levels. This system allows for automatic adjustments to external shocks and economic imbalances. However, floating exchange rates can be volatile, which introduces uncertainty for international trade and investment, as exchange rates can vary significantly over time.Mixed Exchange Rate SystemIt's worth noting that countries can choose to switch between fixed and floating exchange rate systems depending on their economic policies and objectives.Many countries today adopt a mixed exchange rate system, also called managed float system, that combines elements of both fixed and floating systems. In this system, the exchange rate is influenced or guided by government intervention to avoid extreme fluctuations. This approach aims to strike a balance between stability and flexibility.For example, India follows a managed floating exchange rate system. The Reserve Bank of India (RBI) actively manages the Indian rupee (INR) against a basket of currencies, primarily focusing on the U.S. dollar. The RBI intervenes in the foreign exchange market to smoothen excessive volatility and maintain orderly conditions.Factors Influencing Exchange RatesExchange rates are influenced by a variety of factors, including the supply and demand for currencies in the foreign exchange market. Economic indicators, such as inflation rates, interest rates, trade balances, and political stability, can impact the demand for a currency and consequently affect its exchange rate.Exchange rates are also influenced by market speculation and government interventions, as central banks may adjust interest rates or engage in currency market operations to influence the value of their currency.These factors can be summarized as follows:Supply and Demand: Like any other commodity, the value of a currency is influenced by the forces of supply and demand. If the demand for a currency is high relative to its supply, its value typically increases. Conversely, if the supply of a currency outweighs the demand, its value may decrease.Economic Factors: Economic indicators, such as interest rates, inflation, GDP growth, employment data, and trade balances, can significantly impact exchange rates. Stronger economic performance often attracts foreign investment and boosts demand for a currency, leading to appreciation: Strong economic growth, trade surpluses, and low unemployment rates can contribute to currency appreciation.Interest Rates: Higher interest rates in a country can attract foreign investors seeking better returns, increasing demand for the currency and potentially strengthening its value. At the same time, lower interest rates may discourage foreign investment and lead to currency depreciation.Inflation: Countries with higher inflation rates tend to experience currency depreciation as the purchasing power of the currency diminishes. On the other hand, countries with lower inflation rates may witness currency appreciation.Balance of Trade: A positive balance, with exports exceeding imports, boosts foreign currency reserves, allowing a country to lower interest rates, spur economic growth, and fortify its currency exchange rate.Public Debt: Public debt and its potential inflationary impact, as well as its deterrent effect on foreign investment, can devalue a currency.Current Account Deficit: The current account deficit is interconnected with the balance of trade, and arises when a country's expenses surpass its earnings. A greater current account deficit relative to a trading partner can diminish a country's currency value compared to that partner's currency.Political Stability: Political stability fosters investor confidence, attracts foreign capital, and strengthens a currency.Market Sentiment and Geopolitical Factors: Political stability, geopolitical tensions, and investor confidence are just a few examples of the factors that can affect market sentiment and, consequently, exchange rates. Positive sentiment can lead to currency appreciation, while negative sentiment can result in depreciation.Government Interventions: Governments possess a range of methods to manage their currency exchange rates. These strategies include adjusting interest rates, purchasing or selling foreign currency, influencing lending rates, printing money, and implementing additional measures. These interventions are typically done to maintain stability, support economic objectives, or address extreme fluctuations.Do Exchange Rates Matter When Sending Money Abroad?Yes. Exchange rates matter when sending money abroad. Being aware of exchange rates and seeking favorable rates can help ensure that you, as a sender, maximize the value of your transfer and provide your recipient with the most beneficial outcome.Top reasons why exchange rates matter when sending money abroad include:Value of the Transfer: Exchange rates determine the conversion of one currency to another. When sending money abroad, the exchange rate determines how much of the sender's currency will be converted into the recipient's cash. A favorable exchange rate can result in the recipient receiving more funds, while an unfavorable exchange rate can reduce the value of the transfer.Cost of the Transfer: Exchange rates impact sending money abroad. If the exchange rate is unfavorable, it means that the sender's currency will have a lower value when converted to the recipient's currency. As a result, the sender may need to transfer a larger amount of their currency to achieve the desired value in the recipient's currency, resulting in higher transfer costs.Timing of the Transfer: Exchange rates are subject to fluctuations due to various economic and market factors. The timing of the money transfer can significantly impact the exchange rate obtained. By monitoring exchange rate movements, the sender can choose a favorable time to initiate the transfer and potentially optimize the value of the transfer.Cost Comparisons: Different service providers offer varying exchange rates for currency conversions. Comparing exchange rates among different providers can help the sender find the most favorable rate, allowing for more value to be transferred to the recipient.How to Send Money AbroadSending money abroad involves several steps to ensure a smooth and secure transaction.Research Transfer MethodsThere are different methods for sending money abroad, such as bank transfers, online payment platforms, or remittance services. You can compare fees, exchange rates, and delivery options to choose the most suitable method for your needs.Collect Recipient InformationCollect the necessary information from the recipient, including their full name, contact details, and bank account information. Ensure you have accurate and complete details to avoid any delays or errors in the transfer.Choose a Service ProviderSelect a reputable service provider or institution to facilitate the money transfer. Consider factors such as fees, exchange rates, transfer speeds, and customer reviews when making your choice. Specialized money transfer companies are better than banks or other financial institutions, as they tend to have higher transfer costs, slower transfer speeds, and hidden fees.Initiate the TransferProvide the required information to the service provider, including your details, the recipient's information, and the amount you wish to send. Double-check all details for accuracy before proceeding.Pay for the TransferFollow the instructions provided by the service provider to pay for the transfer. This can usually be done through various methods such as bank transfers, credit/debit cards, or online payment platforms. Ensure you understand the fees and any additional charges associated with the payment.Confirm and Track the TransferAfter initiating the transfer and making the payment, the service provider will provide you with a confirmation or transaction reference number. Keep this information safe and use it to track the progress of the transfer. Most service providers offer tracking options to monitor the transfer's status.Notify the RecipientInform the recipient that you have sent them money and provide any necessary transaction details or reference numbers they may need to receive the funds. Advise them to monitor their account for the incoming transfer.ConclusionUnderstanding international currencies and exchange rates is important for anyone engaging in global transactions. Having a comprehensive knowledge of different currencies and their dynamics will empower you to navigate the complexities of the global economy more effectively.It is advisable to compare the available options before finalizing your decision when sending money overseas. While banks may seem convenient for international transfers, specialized money transfer providers offer superior exchange rates, transparent and affordable fees, and speed. Use the CompareRemit compare tool to view today's best exchange rates when sending money overseas!

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