Tax-Loss Harvesting: A Smart Strategy for Saving Taxes on Capital Gains

Tax-Loss Harvesting: A Smart Strategy for Saving Taxes on Capital Gains

Tax-loss harvesting becomes a key feature to optimise your tax outgo, as in the world of investing, capital gains taxes are an inevitable reality. Whether you’re selling stocks, real estate, or other assets, the government wants its share of your profits.

Previously, the long-term capital gains (LTCG) made on the sale of equity shares, and equity funds were completely tax-free in your hands. However, the amendment made in the Union Budget 2018 has changed the tax treatment of LTCG on the sale of listed equity shares and equity funds.

Beginning from 23 July 2024, an LTCG of more than Rs 1.25 lakh is taxed at a rate of 12.5% without the benefit of indexation. Compared to that, short-term capital gains (STCG) are taxed at a rate of 20%.

But with some smart planning and strategic moves, you can significantly reduce your tax burden and keep more of your hard-earned money. Welcome to the art and science of maximizing your profits through savvy tax-saving strategy known as tax-loss harvesting.

Understanding Capital Gains Tax

Is there any way to reduce tax outgo on my investments? I keep getting lots of queries from small and big investors as to how do we ensure tax-saving while dealing with capital gains on sale of shares and mutual funds. Though there are many options which can be used to lower tax outgo on both long term and short term capital gains, this article will focus on tax-loss harvesting.

What is TaxLoss Harvesting?

Tax-Loss Harvesting

Whenever you invest in equity funds and make profit by selling them, this profit is called capital gains. These capital gains are taxable based on how long you stayed invested in that fund.

However, not all our investment decisions are profitable, and there is a tendency to hold on to loss-making investments in the hope of a turnaround. It is these loss-making investments that can be sold and used as profit-slicing instruments to lower the net tax outgo. This strategy is called tax loss harvesting. It starts with the sale of the stock or an equity fund that is experiencing a consistent price decline. You feel that the security has lost most of its value and the chances of a rebound are bleak.

By realizing losses, you reduce your taxable capital gains by offsetting gains from other investments. If qualified loss is more than the adjustable capital gains for that year, the remaining loss can be carried forward for offsetting the gains of future years.

You can employ tax-loss harvesting to reduce the tax liability on long-term capital gains (LTCG) and short-term capital gains (STCG). Usually, investors use it for STCG because the tax rates on short-term capital gains are higher than those of long-term capital gains. 

How does Tax-Loss Harvesting work?

Most of the investors prefer using this strategy at the end of the financial year. But I advise investors to use the strategy throughout the year in a planned manner to keep the capital gains at a relatively lower level.

Example of Tax-loss harvesting

Let’s understand this with an example:

Let’s assume that in a given financial year your portfolio made an STCG and LTCG of Rs 1,00,000/- and Rs 1,30,000/- respectively. You also had short-term capital losses of Rs 50,000/-.

Tax payable (Without tax loss harvesting) :

[(1,00,000 * 20%) + {(1,30,000-1,25,000)*12.5%}] = Rs 20,625/-

Tax payable (with tax loss harvesting):

[{(1,00,000-50,000)*20%)} + {(1,30,000-1,25,000)*12.5%}] = Rs 10,625/-

The amount realized from the sale of the loss-making stock/equity fund can now be used to buy a lucrative stock/equity fund. This kind of replacement/reallocation is also necessary to maintain the original asset allocation of the portfolio.

One needs to remember that tax-loss harvesting doesn’t help to nullify the losses; instead, it is a vital tool to reduce your suffering by helping you save taxes. Moreover, it keeps the portfolio’s risk-return profile intact. Additionally, you have the option to diversify your portfolio to earn higher returns. If you plan to repurchase a similar investment to maintain your investment strategy, you can do so on the same day, as in India there is no restriction on repurchase of an asset class.

While setting off losses using tax-loss harvesting, you need to keep the following points in mind:

  • Long-term capital losses can be set off only against long-term capital gains. You cannot set off long-term capital losses against short-term capital gains.
  • Short-term capital losses can be set off against either short-term capital gains or long-term capital gains.

Key Points to Remember for Tax-Loss Harvesting

  • Tax-loss harvesting can be especially effective in volatile markets where some investments may have temporarily lost value. By strategically realizing losses, you can minimize your tax liability while staying invested in the market. So next time when the market tumbles, look for the opportunities of tax-loss harvesting.
  • Maximizing your profits while minimizing capital gains tax requires a combination of strategic planning, informed decision making, a thorough understanding of tax regulations and timely execution. By employing strategies such as tax loss harvesting  you can significantly reduce your tax burden and keep more of your hard-earned money.
  • Remember, every individual’s financial situation is unique, so it’s essential to consult with a tax professional or financial advisor to develop a personalized strategy that aligns with your specific goals and circumstances. By taking a proactive approach to tax planning, you can maximize your profits and achieve greater financial success.

Read More Blogs : NEW CAPITAL GAINS TAX RATES: FROM CONFUSION TO CLARITY

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CAPITAL GAINS TAX RATES: FROM CONFUSION TO CLARITY

CAPITAL GAINS TAX

Introduction

When the new tax regime comprising capital gains tax was introduced four years ago, people were delighted to note that their tax liabilities had come down and that they no longer needed to lock up their funds in tax-saving instruments. But now not everyone shares this exuberance, though. Many investors are unhappy following the recent budget proposal for significant changes to the STCG and LTCG tax rates for various listed and unlisted assets implemented in India, effective July 23, 2024.

Understanding new CAPITAL GAINS TAX RATES

I have witnessed and been part of some lengthy discussions on the subject in various forums, social circles, etc. Participation in these discussions has been from all corners—those who have plans to buy/sell their properties and also those who have no such plans yet are academically inclined to learn or share opinions.

In the entire discussion, what emerged clearly is that there is confusion all around on the subject. Even some clarifications coming from the government were indicative of the fact that all the permutations/combinations were not considered while formulating the changes, and a lot is likely to depend on the interpretation of the advising community.

To ease out the apprehensions of existing property owners and to extend the benefits to everyone, the government later made a provision for taxpayers to choose the most beneficial option from the two, i.e., taxation at 20% after indexation or at 12.5% without indexation.  Let’s first look at a detailed breakdown of the new tax rates and holding periods to know what has changed:

The annual LTCG exemption amount for stocks and equity mutual funds has been increased from ₹1 lakh to ₹1.25 lakh.

Listed Assets

  • Stocks/Equity Mutual Funds:   The STCG rate for stocks has increased from 15% to 20%. The holding period remains unchanged at 12 months for the short-term gains and more than 12 months for the long-term gains. The LTCG rate has also increased, from 10% to 12.50%.
  • Listed Bonds: The STCG rate for listed bonds is now 20%, compared to the earlier slab rate. The holding period remains at 12 months, while the LTCG rate has increased from 10% to 12.50%.
  • REITs/InVITs: Real Estate Investment Trusts (REITs) and Infrastructure Investment Trusts (InVITs) now have a higher STCG tax rate of 20%, up from 15%. The holding period has been standardized to 12 months from 36 months for those investing 90% in equity ETFs. The LTCG tax rate has also increased from 10% to 12.50%.
  • Debt and Non-Equity Mutual Funds:  The tax rate for both STCG and LTCG for debt and non-equity mutual funds continues to be determined by the individual’s tax slab rate. The holding period criteria have been modified to 24 months, distinguishing between STCG and LTCG, which was previously the same.
  • Equity Funds of Funds (FoFs): 
    • Equity FoFs will now face a 20% STCG rate; however, it was levied as per the individual’s slab rate earlier. The holding period has been adjusted at par with debt funds, and the LTCG rate is now 12.50%, up from the previous slab rate.
    • Overseas Funds of Funds (FoFs):    STCG for foreign FOF will continue to be applicable at slab rates, while the LTCG rate is now 12.50%, which was earlier at slab rates. The holding period has been reduced from 36 months to 24 months.
  • Gold/Silver ETFs:  The STCG rate for gold and silver ETFs is now 20%, changing from the slab rate earlier, while the LTCG rate has increased to 12.50%. The holding period has been brought down to 12 months from earlier 36 months.
  • Gold Funds:  The rate for gold funds will continue to be the same as the slab rate for STCG, while the LTCG rate is now 12.50% as against the slab rate earlier. The holding period for LTCG is now 24 months.

Unlisted Assets

  • Real Estate (Physical):  The rates for STCG remain based on the slab rate. The holding period is at 24 months with the LTCG rate reduced to 12.50% (without indexation) from earlier 20% (with indexation).
  • Unlisted Debentures/Bonds:    The rates for unlisted debentures/bonds will follow the slab rate for both STCG and LTCG. The holding period has been adjusted to 24 months from earlier 36 months.
  • Physical Gold:     The rate for physical gold continues to follow the slab rate for STCG, while the LTCG rate is now 12.50% (without indexation), down from 20% (with indexation) earlier. The holding period has been reduced from 36 months to 24 months.
  • Unlisted Stocks:   Tax rates for unlisted shares will remain the same as the slab rate for STCG. The holding period also  remains 24 months. However, the LTCG has gone up from 10% to 12.5%

These changes apply to assets sold after July 23, 2024. The modifications in tax rates and holding periods aim to streamline the tax structure and bring uniformity across various asset classes.

Is everyone at a loss

While the changes or confusion surrounding the indexation benefits, etc. has created lots of discussion, the figures show that everyone is not at a loss. To begin with, the small investors having an income of up to Rs 2.25 lac per annum from long-term capital gains from listed equity/mutual funds pay the same amount as was being paid earlier, with tax-free gains increasing from earlier Rs. 1 lac to Rs. 1.25 lac. The increased tax on STCG will however pinch speculators. However, all is not lost, even in the fixed asset landscape. The calculation shows that there are instances where the benefits of the proposed system will be substantial. For others, the good news is that Section 54 benefits are still available.

Effect on Real Estate

There are a lot of rumours about the possibility of undervaluing the property prices by potential sellers to save tax or slow down in the real estate market by removing the indexation benefits. Since my posts are based on facts and figures, I generally stay away from extending opinions or making predictions, but to put to rest the above speculation, I must add that, in my opinion, this move of the government will not only increase property investment but also ensure the number of transactions going up. My prediction is based on two facts:

  • Every investor would want to avail of Section 54 benefits for so long as they are available to the investor, and
  • Rotating real estate will ensure markup of the purchase cost for the new property for determination of capital gains.

Need for a relook

Last but not least, buying a property for end use and handing it over to the next generations for use will have no problems, though, I feel the adage of wise people living in rented property (first half skipped intentionally) may appear more relevant in the longer term. The investors will need to go back to the basics of planning the requirements.

In light of these changes to the tax regime, the role of financial advisors has become increasingly crucial for investors navigating the new landscape. Remember that the option to choose between 20% tax with indexation and 12.5% tax without indexation is applicable on properties purchased before July 23, 2024 and any purchase after this date will essentially be taxed as per the new system of taxation.

Conclusion

The complexity and breadth of the adjustments, spanning various asset classes,R have introduced a level of intricacy that can be challenging to comprehend without expert guidance. Financial advisors can help investors strategize to minimize tax liabilities, optimize returns, and make informed decisions about asset allocation and timing of transactions. Consulting a financial advisor can provide clarity and confidence, ensuring that investment plans are both tax-efficient and aligned with long-term objectives in this evolving regulatory environment.

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