Know the difference between exemption and deduction

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A coffee time conversation between two colleagues leads to an interesting explainer on tax jargon.

Tina: Problems with the new IT website seem to be never ending. Have you filed your tax returns?

Vina: No Tina. I seem to have missed the receipt for my insurance premium payment. That could help me with some exemption in income.

Tina: Er.. exemption? You mean deduction?

Vina: Yeah potato, po-tah-toh! Aren’t they the same thing said differently?

Tina: No. Even though both the terms do ultimately mean a lower tax outgo for you, they are different.

Vina: Why? What is the difference?

Tina: Exemptions deal with incomes or rather sources of incomes that are not required to be considered while calculating your taxable income. These excluded incomes may be exempt either entirely or partially depending upon the provisions in the Income Tax Act.

For instance, agricultural income and sums received under a life insurance policy (subject to some conditions) are examples of incomes that are completely exempt from income tax. On the other hand, exemption of long-term capital gains on listed equity shares for an amount of up to ₹1 lakh a year is an example of partially exempt income. Section 10 of the Income Tax Act specifies many other exempt incomes.

Vina: What are deductions then?

Tina: Deductions, as the name suggests, are amounts that are allowed to be deducted or reduced from your gross taxable income. Well-known examples of these are the deductions laid out in Chapter VI A of the Income Tax Act. These deductions generally aim to promote the habit of saving and investment in people. Take for instance, deductions under Section 80 C of up to ₹1.5 lakh a year. One can claim them on making investments in various instruments such as Equity Linked Savings Schemes (ELSS), Public Provident Fund and NPS, or through expenses such as repayment of home loan principal. Also, deduction is allowed for health insurance premium payment under Section 80D.

There are certain other deductions too. Take, for instance, the 30 per cent deduction on income from house property, or the standard deduction of ₹50,000 a year from your salary income. Donations to certain specified funds, interest on home and education loans etc. can also be claimed as deductions from your taxable income.

Vina: Okay, I get it now. So, the difference between exemptions and deductions is that the Income tax Act exempts certain incomes- either entirely or partially – from the calculation of total income to be considered for taxation. Hence, one need not include them in the gross taxable income. On the other hand, deductions must be claimed against (or deducted from) your total taxable income.

Tina: Yes. That’s simply put!

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Is tax-harvesting that good an idea?

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With the equity markets soaring to new highs, a new term is hogging limelight– tax harvesting. This is particularly for investors in equity mutual funds.

For the uninitiated, this refers to the attempts of equity mutual fund investors to harvest the exemption on long-term gains (up to ₹1 lakh), every financial year on their investments. This is done by selling their long-term equity investments till their aggregate gains total to ₹ 1 lakh (in a year), and subsequently repurchasing the investments at the same price (or NAV). Since the sale price now becomes your cost of acquisition, you can repeat this set of sale and repurchase transactions againafter a year (when these equity investments qualify for long- term capital gains). Doing this year after year lowers your overall tax liability, to an extent, when you finally sell the equity fund investments.

But the game is not worth the candle, considering that the savings every year are only limited to ₹10,000 (long-term capital gain at 10 per cent on ₹1 lakh). Besides, this seemingly good ideahas many practical hurdles. Let’s discuss some of them.

General caveats

Before discussing the technical hurdles faced, one must understand the rules of taxation clearly. The exemption of up to ₹1 lakh on long-term capital gains (LTCG) is only applicable on the aggregate LTCG on equity investments — listed stocks and/or equity-oriented mutual funds — in a financial year. The gains shall be taxed as long term only when such equity investments are held for more than 12 months. Besides, the Income Tax Act defines equity-oriented mutual funds as only those where at least 65 per cent of the fund’s proceeds are invested in equity shares of listed domestic companies. If it is a fund of funds (FoF), the underlying fund should invest at least 90 per cent of total proceeds in listed domestic companies for FoF to be classified as equity-oriented funds.

This clearly excludes funds that invest predominantly in international equities, debt securities and unlisted Indian equities etc. for whom rules of taxation differ.

Besides if you have made your investments through Systematic Investment Plans (SIP), then the cost of acquisition will be based on the units purchased initially– First-In First-Out method. Also, remember that 12 months should have lapsed since the purchase date of each instalment of the SIP for the capital gains to be taxed as long term. Else, you will have to end up paying tax at the rate of 15 per cent on your short term capital gains.

Penny-wise and pound-foolish

Tax-harvesting differs from plain profit-booking, in that the investor continues to stay invested in the fund in the former. To be able to stay invested, you would have to repurchase your equity mutual funds, preferably at the same NAV, so as to avoid any losses due to the difference in daily NAVs. For this, investors need to be mindful of many factors.

One, the investor should be mindful of the cut-off timings for the transactions. The cut-off timing for equity schemes is stipulated at 3 pm — certain third party websites (/ apps) and brokers can have a cut off time earlier than the one stipulated by fund houses. That is, subject to availability of funds, if both the transactions are executed within the cut-off time, the same day’s NAV shall apply for the sale and repurchase transaction. Any delay in fund transfer (to the AMC’s account) or other technical glitch can subject the investors to the volatility in the equity markets – that is a difference in NAV in the sale and repurchase transaction. Your purchase transaction can also get delayed due to the time lag between debit of funds from your bank account and credit to the AMC’s account– mostly prevelant in the case of transactions done using NACH mandate, NEFT and RTGS. The resultant change in NAV can disrupt your investments made for long term goals.

Two, since sale proceeds are not immediately credited to your account, you should be maintaining a fat balance in your bank account to be able to purchase the units at the same NAV. While SEBI stipulates a maximum of 10 days to credit the sale proceeds to your accounts, fund houses generally take up to three days. However, funds for the repurchase transaction must be credited to the fund house, before 3 pm on the same day, to avail the same NAV.

Three, do note that a few funds have ceased accepting lump sum purchases. For example, in September 2020, following the over-valuation in the small- cap space, SBI’s small cap fund, closed itself to lump sum investments after September 7, 2020. Further, on its SIP investments too the fund has a cap of up to ₹5,000 per month (per investor).

Four, be mindful of other incidental charges such as brokerage charges (applicable in the case of Exchange Traded Funds) on multiple transactions.

Five, the concept of tax harvesting assumes a market situation wherein gains on long-term equity funds are spread evenly over the years. But the equity markets do not always exhibit a linear growth. For instance, while the Sensex inched up by 11 and 17 per cent in FY18 and FY19, respectively, it crashed by 23 per cent in FY20. Thereafter in FY21 (thus far), the index rallied by 71 per cent. This volatility can end up distorting your tax harvesting plans.

Net-net, the process is too tedious for a maximum saving of ₹10,000 at the end of every financial year. Investors need to see if these marginal savings are worth the pain.

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Will home purchase by mother using NRI son’s money face tax?

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My son is an NRI and he wants to gift his earnings to his mother, who is a housewife and has no income. She wants to invest the amount in a residential site in her name. Please let me know tax implications on both the mother and son. Also, should she file I-T return on account of this?

LAKSHMISHA

Gifts will not attract income tax in the hands of the donor. Further, it will not attract taxation in the hands of the recipient if gifts are received from a relative as defined under the income tax act.

Parents are covered under the definition of relatives. As a result, any amount gifted by your son to your wife is not taxable in her hands.

However, any income that your spouse earns from the gift will be taxable in her hands. Further, under the provisions of the Income Tax Act, 1961 an individual is required to file a tax return where:

· the taxable income during the Financial Year (FY) exceeds the maximum amount not chargeable to tax, i.e., ₹2,50,000;

· has deposited an amount or aggregate of the amounts exceeding ₹ 1 crore in one or more current accounts maintained with a banking company or a co-operative bank; or

· has incurred expenditure of an amount or aggregate of the amounts exceeding ₹2 lakh for himself or any other person for travel to a foreign country; or

· has incurred expenditure of an amount or aggregate of the amounts exceeding ₹1 lakh towards consumption of electricity. or

· holds a foreign asset outside India either as a beneficial owner or otherwise

In case, the taxable income of your spouse from the said residential site during the relevant financial year exceeds ₹2,50,000 in any financial year or she fulfils any of the criteria mentioned above, she will be required to file a tax return.

I have an HUF, with demat account. I would like to transfer some shares of a listed entity from HUF to one of its members. This will be done via off-market transaction. The member (or the recipient) will pay fair and adequate consideration (say based on market price on the date of transaction) for this transaction. In such case, what will be the implications from income tax perspective, specifically: a) Will this be treated as sale of shares and HUF becomes eligible for payment of capital gains from this transaction? b) What will be the date of acquisition of these shares for the member (or the recipient)? c) Since these is adequate consideration, won’t this be treated as a gift? d) Also, will there be any difference in taxability, if the recipient is not a member of the HUF?

Ashish Ladha

The shares received by a member from the HUF shall be chargeable to tax in the hands of individual member as it neither is in the nature of gift nor is received from a relative defined under the Act.

a) As per Section 45 of the Act, any profits or gains arising from transfer of capital asset shall be chargeable to tax under the head Capital Gains in the year in which the transfer took place. Transfer of shares by the HUF to its member shall be treated as transfer and HUF shall be liable to pay tax on gains arising from such transfer.

As per Section 112 of the Act, long term capital gain arising from sale of listed securities shall be subject to tax at the rate of 20 per cent where cost has been indexed or at the rate of 10 per cent where the benefit of indexation of cost is not availed. Surcharge, if applicable and health & education cess at 4 per cent shall be payable in addition.

b) The date of acquisition of the shares for the member of the HUF shall be the date when the off-market transaction is initiated and shares are transferred to the member.

c) Given that the shares are transferred by HUF to its individual member for adequate consideration, i.e., at the fair market value of the shares as on the date of transfer, the said transfer cannot be treated as gift.

d) If the shares are transferred to any other person, who is not a member of HUF, there shall be no difference in the income tax treatment discussed above. All the points discussed above shall hold good.

The writer is Partner, Deloitte India. Send your queries to taxtalk@thehindu.co.in

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How house improvement cost is accounted for tax purpose

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I was allotted a house by Mysore Urban Development Authority for which ₹3.30 lakh was paid in 4 instalments for the period from the year 1991 to 1993. The house was handed over in the year 1998 when an expenditure of about ₹4 lakh was incurred towards repairs and renovation. In the years 2013 and 2014, I constructed first floor incurring expenditure of about ₹45 lakh. The house is now sold for ₹120 lakh in December, 2020. Since the Cost Inflation Index (CII) is available only from the Financial Year 2001-02, how should the capital gain is to be calculated for the purchase cost of ₹7.30 lakh incurred during the years from 1991 to 1998.

K R NATARAJ

 

Gains arising from the sale of a capital asset is taxable under the head “capital gains”. Given the fact that the house property was held for over two years, any gain arising from sale of this property will be regarded as long term capital gain and will be subject to tax at the special rate of 20 per cent (exclusive of surcharge and cess). The following factors should be considered while working out the long term capital gains:

a. As the property was acquired before April 1, 2001, you have an option to consider either the actual price or the fair market value (FMV) as on April 1, 2001 as the “Cost of acquisition”. With effect from April 1, 2020, the FMV, shall not exceed the stamp duty value of the property as on that date April 1, 2001.

b. Any improvements that were done to the property after April 1, 2001 can also be considered as cost of acquisition;

c. Cost of acquisition determined above shall be adjusted by applying appropriate cost indexation index.

Assuming the FMV on April 1, 2001 to be ₹7,30,000, your long-term capital gains will be computed as under:

Under specified sections viz. section 54EC, section 54, etc., deduction/exemption under the Act could be claimed by way of either investing LTCG in the prescribed bonds or in buying a residential property in India, subject to prescribed conditions.

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