How to Avoid LTCG Tax? (2024)

In the union budget 2018, Finance Minister introduced a Long-Term Capital Gains Tax of 10% for Capital Gains exceeding ₹ 1 lakh in a year. This tax will be charged without providing the benefit of indexation.

Further, to avoid any retrospective impact, gains up to 31 January 2018 will be grandfathered. This is done by introducing a deeming provision for determining the cost of acquisition. Accordingly, the cost of acquisition would be higher than the actual cost of acquisition and the fair market value.

As a result of the announcement related to the LTCG tax in the budget 2018, the stock markets reacted negatively, with the benchmark Sensex falling more than 800 points as investors’ sentiments dampened and they rushed for selling their holdings. Broader Nifty also was trading lower on the news.

Let's look into various options to avoid paying LTCG tax.

How to Avoid Paying New LTCG Tax?

Everyone wants to know how to avoid paying the re-introduced LTCG tax on equity mutual funds. Here is some suggestion:

  • Systematic Withdrawal Plan (SWP)

A Systematic Withdrawal Plan (SWP) is a plan that allows the investor to give a mandate to the fund to periodically and systematically redeem units and transfer the money from its sale money from a mutual fund scheme to your bank account.

Small investors can avail the benefit of exemption from tax on LTCG from the transfer of listed shares and units by opting for a systematic transfer plan, such that the overall gain in a financial year is below the threshold of ₹ 1 lakh.

  • Selling at Right Time

  • In Case of Gain

By selling the equity mutual fund holdings immediately or systematically before reaching the limit of ₹ 1 lakh in a financial year. You have to closely monitor your investment portfolio and market scenario to decide the right time of selling off mutual fund units.

  • In Case of Loss

If you are incurring a long-term capital loss on selling equity mutual fund units, then it may be better to sell after 31.3.2018 as then you would be able to set them off against any LTCG that you may get, as LTCG will become taxable after this date.

But, it seems there is a consensus among experts and prudent investors that the only way to avoid paying the new LTCG tax is to hold on to your investments.

Why Holding on to Your Investment is Better Option?

Every time you are going to sell your mutual fund holdings, you are going to incur tax. If you are selling it before a year, you would pay short-term capital gains (STCG) tax of 15 per cent.

If you are selling it after a year, you will have to pay a tax of 10 per cent without indexation if the long-term capital gains (LTCG) are above ₹ 1 lakh in a financial year.

That means you should be a bit careful about selling your mutual funds even after a year.

The only way you can do this is to pick mutual funds that are consistent performers during various phases in the market.

Investing in such schemes would help you to avoid churning your portfolio at regular intervals. It is very important to invest in consistently performing mutual fund schemes if you want to sail through the volatile markets.

So, it is suggested that an equity market investor not worry about new LTCG taxes and instead pay them. Just make sure you earn more on your investment by choosing your portfolio diligently and cleverly.

  • Large-cap Funds

Large-cap are big, well-established companies in the equity market. These companies are strong, reputable and trustworthy. Large-cap companies generally are the top 100 companies in a market.

Large-cap funds can be a great investment option for investors with stable return possibilities.

  • Mid-cap Funds

Mid-cap are compact companies of the equity market, falling somewhere between small and large-cap companies, and are 100-250 companies in a market after large-cap companies.

Mid-cap funds can be great investment instruments for investors looking for funds with high return possibilities without the volatility of small-cap funds and index-related returns like those of large-cap funds.

  • Multi-cap Funds

Multi-cap funds invest in companies of all sizes, unlike other equity funds that usually restrict themselves to a market cap or sector.

Because of the flexibility of investing in all types of companies irrespective of size, the fund manager can generate better risk-adjusted of companies irrespective of size, and the fund manager can generate better risk-adjusted returns.

  • Sector Funds

Sector Funds are essentially mutual funds that invest in the stocks of companies that operate in a particular sector or industry. These funds are ideal as an investment destination if some sectors are expected to outperform others.

If you have good knowledge of a certain sector or industry, you can opt to invest in a sector fund of that industry.

Conclusion

Long-term capital gain tax is one of the taxes paid by the people who sell their assets after holding them for 2 or more years in India.

If you are someone who has to pay too much tax every year, you should know about LTCG and how to avoid it effectively.

But remember, long-term capital gains tax is a tax levied on the profit made on the sale of long-term assets, i.e. those assets which you had held for more than 12 months. It is quite evident with such a name that this tax is aimed at encouraging investors to invest in a long-term perspective as opposed to short-term trading.

Happy Investing!

Disclaimer: This blog is solely for educational purposes. The securities/investments quoted here are not recommendatory.

How to Avoid LTCG Tax? (2024)

FAQs

How to Avoid LTCG Tax? ›

An easy and impactful way to reduce your capital gains taxes is to use tax-advantaged accounts. Retirement accounts such as 401(k) plans, and individual retirement accounts offer tax-deferred investment. You don't pay income or capital gains taxes at all on the assets in the account.

How do I avoid long capital gains tax? ›

An easy and impactful way to reduce your capital gains taxes is to use tax-advantaged accounts. Retirement accounts such as 401(k) plans, and individual retirement accounts offer tax-deferred investment. You don't pay income or capital gains taxes at all on the assets in the account.

Can Ltcg be avoided? ›

Here are some strategies to consider to avoid long term capital gain tax (LTCG) on mutual funds: Systematic Withdrawal Plan (SWP): Set up an SWP to automatically redeem your mutual fund units regularly. By keeping withdrawals below Rs. 1 lakh per year, you may avoid LTCG tax altogether.

How do you exempt long term capital gains? ›

Capital gains exemption under Section 54: Taxpayers can get an exemption from long-term capital gain from the sale of house property by investing in up to two house properties against the earlier provision of one house property with same conditions.

How to get 0 capital gains tax? ›

A capital gains rate of 0% applies if your taxable income is less than or equal to: $44,625 for single and married filing separately; $89,250 for married filing jointly and qualifying surviving spouse; and.

Are there any loopholes for capital gains tax? ›

A few options to legally avoid paying capital gains tax on investment property include buying your property with a retirement account, converting the property from an investment property to a primary residence, utilizing tax harvesting, and using Section 1031 of the IRS code for deferring taxes.

How do I get out of long term capital gains tax? ›

Exemption under Section 54

Under Section 54, you are exempt from paying LTCG tax if you buy a new house either 1 year before the sale of the old property or within 2 years of selling it. If you are planning to construct a new house, this should be done within 3 years of sale of the old property.

What expenses can be claimed against capital gains tax? ›

Costs you can deduct include: fees, for example for valuing or advertising assets. costs to improve assets (but not normal repairs) Stamp Duty Land Tax and VAT (unless you can reclaim the VAT)

Can you reinvest capital gains to avoid taxes? ›

Do I Pay Capital Gains if I Reinvest the Proceeds From the Sale? While you'll still be obligated to pay capital gains after reinvesting proceeds from a sale, you can defer them. Reinvesting in a similar real estate investment property defers your earnings as well as your tax liabilities.

At what age do you not pay capital gains? ›

Capital Gains Tax for People Over 65. For individuals over 65, capital gains tax applies at 0% for long-term gains on assets held over a year and 15% for short-term gains under a year. Despite age, the IRS determines tax based on asset sale profits, with no special breaks for those 65 and older.

Do you pay capital gains after age 65? ›

Whether you're 65 or 95, seniors must pay capital gains tax where it's due.

How to avoid capital gains when selling a house? ›

As long as you lived in the property as your primary residence for 24 months within the five years before the home's sale, you can qualify for the capital gains tax exemption.

What can offset long term capital gains? ›

Losses on your investments are first used to offset capital gains of the same type. Short-term losses are first deducted against short-term gains, and long-term losses are first deducted against long-term gains.

How long do you have to keep a stock to avoid capital gains tax? ›

By investing in eligible low-income and distressed communities, you can defer taxes and potentially avoid capital gains tax on stocks altogether. To qualify, you must invest unrealized gains within 180 days of a stock sale into an eligible opportunity fund, then hold the investment for at least 10 years.

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