• Capital gains tax

A managing director of a pvt ltd company had given some loans to his company. He then transfers shares of listed company shares owned by the company to his personal account in return of the loan through off market transfer. Transfer done in October 2017. Is capital gains tax applicable in this situation?
Asked 5 years ago in Capital Gains Tax

Yes capital gain would be levied.

Vivek Kumar Arora
CA, Delhi
4845 Answers
1038 Consultations

5.0 on 5.0

Dear Sir,

 

Yes, capital gain would be applicable in said situation.

Karishma Chhajer
CA, Jodhpur
2450 Answers
29 Consultations

5.0 on 5.0

Hello,

 

In the given case capital gain shall be applicable since the trasanction is done without payment of STT and not thorugh recognised stock exchnage and therefore based upon open market value of the underlying shares as on date of sale capital gain shall be computed.

Vishrut Rajesh Shah
CA, Ahmedabad
928 Answers
39 Consultations

5.0 on 5.0

Yes since shares were asset of company and transfer of any capital asset attract capital gain, so there will be capital gain. Also there would be reporting u/s 269T as loan were repaid by means other than a/c payee cheque.

 

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you

Naman Maloo
CA, Jaipur
4272 Answers
97 Consultations

5.0 on 5.0

Hi

Yes, capital gain tax shall be levied on the company for such transfer of shares where STT was not paid.

Moreover, if the transfer was not made at FMV, there would be further tax liabilities for the director under section 56(2).

Lakshita Bhandari
CA, Mumbai
5687 Answers
910 Consultations

5.0 on 5.0

Dear Sir,

 

Hope you are doing well !!

 

Yes, capital gain tax shall be applicable.

 

 

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

5.0 on 5.0

Hi

 

Yes capital gain applies in this case.

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

5.0 on 5.0

Ask a Chartered Accountant

Get tax answers from top-rated CAs in 1 hour. It's quick, easy, and anonymous!
  Ask a CA