Securities Transaction Tax (STT)
Introduction
Previously, there was a different way (and a different rate of tax as well)
of computing tax on profit incurred on account of sale of shares,
debentures, bonds, mutual funds units and other securities. Levying of tax
was also subject to the period of holding. The honorable Finance Minister,
Mr. P Chidambaram (in the Finance (No. 2) Bill presented by him in the Union
Budget 2004-05) brought significant amendments in the policy for taxation on
financial securities with effect from the assessment year 2005-06.
Securities Transaction Tax is a neat and efficient way of computing tax on
profit incurred from the sale of securities, as it virtually nullifies the
scope of tax avoidance. Securities Transaction Tax is applicable at
different rates on the value of the taxable securities transaction. Taxable
securities transaction, payable by both the buyer and the seller, refers to
any transaction of securities entered into in a recognized Stock Exchange in
India (on or before the date on which Chapter VII of the Finance (No. 2)
Bill, 2004 was introduced).
Definition of Securities
As per section 2(h) of the Securities Contracts (Regulation) Act, 1956
(SCRA), Securities includes to:
- Shares, scrips, stocks, bonds, debentures, debenture stock or
other marketable securities of a like nature in or of any
incorporated company or other body corporate;
- Derivative instruments (like forwards/futures/options on indices,
stocks, commodities etc.)
- Units or any other instrument issued by any collective investment
scheme to the investors in such schemes;
- Security receipt as defined in section 2(zg) of the
Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002;
- Government securities;
- Such other instruments as declared by the Central Government; and
- Rights or interest in securities.
|
Exemption from Capital Gains
| Short-term
Capital Gains |
Long-term
Capital Gains |
|
Short-Term Capital Gains on all of the above
mentioned securities (sold on or before the specified date at a
recognized Stock Exchange in India) is taxable at the rate of 10% before
levy of 10% surcharge for individuals and Hindu undivided family (having
total taxable income of more than Rs. 8,50,000) and ay the rate of 2.50%
for others, plus a 2% education cess for all other taxpayers (on the
aggregate of income-tax and surcharge). |
Long-Term Capital gains on all of the above
mentioned securities is exempt from income tax under Section 10 (38) of
the Income Tax Act, 1961 |
|
Note: Securities (not meeting the above
mentioned stipulations) sold before/after the specified date would be
taxable before the levy of surcharge and education cess. |
Rate of Securities Transaction Tax on Capital Gains
| |
STT on Short-term
Capital Gains |
STT on
Long-term Capital Gains |
| Rate of Taxation |
Taxable at the regular rate of income tax, however
credit would be available for STT from the income tax available
i.e. STT would be deducted from the
income-tax on business profits |
10 per cent without indexation benefit
Or
20 per cent with indexation benefit, whichever is lower. |
Securities Transaction Tax on Sale and Purchase of Securities
| Market Type |
Previous Rate (before 1st June '06) |
Current Rate (w.e.f. 1st June '06) |
| Futures & Options |
0.0133% |
0.017% |
| Capital Market (Delivery) |
0.10% |
0.125% |
| Capital Market (Intra-Day) |
0.02% |
0.025% |