NEW DELHI: Venture capital and private equity investors have sought clarity from the finance ministry on a Budget proposal that supposedly did away with long-term capital gains tax exemption if shares were purchased without paying securities transaction tax (STT).
Experts opine there is some confusion on this at the moment. “The proposed amendment as it is currently worded seeks to restrict the exemption on long-term capital gains on sale of listed shares only to shares on which STT was paid at the time of acquisition. However, the provision mentions that the government will notify certain carve-outs to the applicability of the said provision,” said Jinesh Shah, partner - deal advisory, M&A tax, at KPMG in India.
The government’s intention is clear — to check misuse of such exemptions by companies for tax evasion through sham transactions in the stock market. The proposal provides for continued exemption for genuine transactions where STT could not have been paid— like in acquisition of shares in IPOs, FPOs, bonus or rights issue of shares by non-resident investors. But, there is no clarity on ESOPs or purchase of shares in unlisted companies by PE or VC investors, who sell their shares post listing and therefore STT may not have been charged at the time of purchase of shares or grant of ESOPs.
The memorandum to the Finance Bill 2017, states, “…it is proposed to amend section 10(38) to provide that exemption under this section for income arising on transfer of equity shares acquired or on after October 1, 2004, shall be available only if the acquisition of shares is chargeable to STT.” This amendment will take effect from the assessment year 2018-19.
Meanwhile, the government has assured that a clarification will be issued soon. “We will come out with detailed rules,” Hasmukh Adhia, Revenue secretary said. He stressed that the measures were mentioned to prevent tax evasion of capital gains via investment in bogus companies.