The way to calculate LTCG with Grandfathering for fairness shares that break up – The way to fill Schedule 112A


On this article, we focus on The way to calculate LTCG with a Grandfathering clause for fairness shares that underwent break up and the right way to fill Schedule 112A.

Concerning the writer: Manmohan Sethumadhavan is a freelancer, investor, and private finance fanatic “in the hunt for absolutely the fact.” You may comply with Manu on Twitter @ManuTsr.

  • I bought 1000 Nos. of AMRUTANJAN HEALTH CARE LIMITED on 01-01-2016 at Rs.488 per share for a complete quantity of Rs.4,88,000
  • The share underwent a break up from Face Worth of Rs.2 to Rs.1 on 13-04-2018, and thus, I’ve 2000 Nos. of shares.
  • I offered the whole shares on 11-03-2024 at Rs.665 per share, totalling Rs.13,30,000

For the reason that holding interval is over one yr, the positive aspects listed here are categorised as Lengthy Time period Capital Positive aspects u/s 112A. For the reason that shares had been bought earlier than 31-01-2018, the grandfathering clause is relevant, and the positive aspects accrued earlier than the stated date may be ignored. The Truthful Market Worth (FMV) as of 31-08-2018 must be taken for this. The legislation says as follows:

“Rationalization” to Part 55(2)(ac):

For this clause –

(a) “truthful market worth” means –

(i) In a case the place the capital asset is listed on any recognised inventory trade as on the thirty first day of January 2018, the very best worth of the capital asset quoted on such trade on the stated date

Now, that is fairly easy usually. The very best worth on the stated date may be taken and multiplied by the variety of shares. The very best worth per share on 31-01-2018 for this share is Rs.605. However on this case, there is a matter. The inventory has been break up from FV Rs.1 to FV Rs.2; thus, my 1000 Nos. of shares have change into 2000 Nos. on 13-04-2018, i.e., after the date for FMV. The variety of shares on 31-01-2018 – the date for FMV, is just 1000.

As on date No. of shares held
01-01-2016 1000
31-01-2018 1000
13-04-2018 2000
11-03-2024 2000

I’ve seen many tax practitioners deciphering in such a approach that the FMV is calculated by multiplying the very best worth per share on 31-01-2018 by the variety of shares offered, i.e., 2000, which, as per them, is a plain interpretation of the above clause.

Many inventory brokers have additionally been seen issuing Capital Positive aspects Statements on this approach. This finally ends up with an FMV of Rs.12,10,000 and long-term capital positive aspects of Rs.1,20,000, which is flawed.

Wrong method of filling Schedule 112AWrong method of filling Schedule 112A
Fallacious technique of filling Schedule 112A

Including extra obvious justification to this view, in Schedule-112A of ITR-2 and ITR-3, there is just one column to enter the variety of shares/models offered, and there’s no strategy to enter the variety of shares/models on the date of buy, on the date of calculation of FMV, and on the date of sale, individually. The Truthful Market Worth is to be entered as “per share/unit foundation”, and the whole FMV is calculated robotically by multiplying this by the variety of shares (which, after all, is the variety of shares offered) for which you don’t have any management.

However that is each incorrect and illogical. Even with a easy studying of the above part 55(2)(ac), it may be understood that the FMV shall be “the very best worth of the capital asset” on the stated date. When shares are purchased in heaps, offered in heaps, and capital positive aspects with grandfathering are calculated individually, the FMV shall even be calculated for every lot. Thus, the very best worth for the whole 2000 shares offered, no matter its standing, whether or not it has undergone any break up, merge or amalgamation, as of 31-01-2018, is to be taken because the FMV for that specific lot of sale.

Allow us to additional analyse the legislation.

Part 55

(2) For the needs of sections 48 and 49, “price of acquisition”, –

(b) in relation to some other capital asset, –

(v) the place the capital asset, being a share or a inventory of an organization, turned the property of the assessee on –

(d)  the sub-division of any of the shares of the corporate into shares of smaller quantity,  means the price of acquisition of the asset calculated as regards to the price of acquisition of the shares or inventory from which such asset is derived.

It’s clear from the above part that in case of splits, the FMV needs to be taken in a pro-rata approach and thus the price of acquisition needs to be arrived as regards to the acquisition of the unique asset. Therefore on this case it shall be arrived

  1. by multiplying the worth per share Rs.605 by 1000, the variety of shares held on 31-01-2018, or
  2. by multiplying the pro-rata worth per share i.e., Rs.302.50 (605/2) by 2000 – the variety of shares offered which equals to Rs.6,05,000 and thus a capital achieve of Rs.7,25,000.
The correct method of filling Schedule 112AThe correct method of filling Schedule 112A
The right technique of filling Schedule 112A

This could be additional difficult in case of a number of splits and mergers like HDFC-HDFC Financial institution. That is additionally relevant to ETFs and Mutual Funds models.

Right here is how this knowledge needs to be stuffed in ITR Schedule-112A.

ITR screenshot for filling 112A part oneITR screenshot for filling 112A part one
ITR screenshot for filling 112A half one
ITR screenshot for filling 112A part twoITR screenshot for filling 112A part two
ITR screenshot for filling 112A half two

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