Skip to main content

Higher LTCG Tax for Those Betting on Mergers

LACUNAE Grandfathering benefit for taxes on longterm capital gains doesnā€™t cover mergers, demergers
Investors of at least two dozen companies, including Capital First, Ultra Tech Cement, Bharat Financial, will have to shell out higher capital gains tax. This is because the ā€˜grandfatheringā€™ benefit for taxes on longterm capital gains ā€” reintroduced in this yearā€™s Union Budget ā€” doesnā€™t cover mergers and demergers. Grandfathering refers to exemptions on the gains made prior to enactment of a new law from the ambit of the new law. The government said longterm capital gains tax will be calculated based on the Jan 31 trading price of a stock. However, this benefit applies only to stocks acquired or purchased before Jan 31, 2018. If the shares were non-existent or unlisted as on Jan 31 long-term capital gains tax would be calculated based on original cost of purchase.
In mergers, investors of the company getting acquired receive shares of the new company in exchange for their original shares. Such shares would be considered as acquired after Jan 31. As a result, long-term capital tax would be calculated based on original cost of acquisition. ā€œIn cases where a company merges with another company after February 1, 2018, grandfathering provisions do not apply and the taxpayers of amalgamating company will have to pay capital gains tax on entire gains computed with reference to original cost basis,ā€ said Bhavin Shah, partner, PWC India.
For instance, consider the ongoing merger of IDFC Bank and Capital First. Assume a shareholder ā€˜Aā€™ had purchased 10 shares of Capital First in 2011 and is still holding the stock. The companies have agreed to a swap ratio of 139:10. Hence, the shareholder ā€˜Aā€™ will get 139 shares of IDFC Bank in exchange for his 10 Capital First shares. Since these 139 shares ā€˜Aā€™ gets were created after Jan 31, the grandfathering benefit will not apply. Hence, when ā€˜Aā€™ decides to sell his IDFC Bank shares in future, the cost of acquisition will be the price at which he purchased the shares back in 2011. The tax outgo would be at least 5-6 times higher in this case since Capital First shares have gained nearly 300% since 2011. Had there been a grandfathering exemption on these deals, ā€˜Aā€™ would have to pay tax only on the gains made after January 31.
As per latest rules, selling of any stock held for less than a year will be subject to short-term capital gains tax while the ones held more than a year are subject to long-term capital gains tax. Short-term capital gains tax on stocks and equity mutual funds is charged at a rate of 15% while it is 10% for the long-term. The rules are different for the acquiring company. In the earlier scenario, if ā€˜Aā€™ had purchased IDFC Bank shares in 2011 and sold them now, he wouldnā€™t be needed to pay tax on gains made before January 31.
The Economic Times,09th October 2018

Comments

Popular posts from this blog

GST collection for November rises by 8.5% to Rs.1.82 trillion

  New Delhi: Driven by festive demand, the Goods and Services Tax (GST) collections for the Union and state governments climbed to Rs.1.82 trillion in November, marking an 8.5% year-on-year growth, according to official data released on Sunday. Sequentially, however, the latest collection figures are lower than the Rs.1.87 trillion reported in October, which was the second highest reported so far since the new indirect tax regime was introduced in 2017. The highest-ever GST collection of Rs.2.1 trillion was reported in April. The consumption tax figures highlight the positive impact of the recent festive season on goods purchases, providing a much-needed boost the industry had been anticipating. The uptick in GST collections driven by festive demand had been anticipated by policymakers, who remain optimistic about sustained growth in rural consumption and an improvement in urban demand. The Ministry of Finance, in its latest monthly economic review released last week, stated that I...

Budget: Startup sector gets new Fund of Funds, FM to allocate Rs 10K cr

  The Indian startup sector received a boost with Finance Minister Nirmala Sitharaman announcing the establishment of a new fund of funds (FoF) in the Budget 2025. The minister unveiled a fresh FoF with an expanded scope, allocating Rs 10,000 crore. The initial fund of funds announced by the government with an investment of Rs 10,000 crore successfully catalysed commitments worth Rs 91,000 crore, the minister said.   ā€œThe renewal of the Rs 10,000 crore commitment to the Fund of Funds for alternative investment funds (AIFs) is a significant step forward for the Indian startup and investment ecosystem. The initial Rs 10,000 crore commitment catalysed Rs 91,000 crore in investments, and I fully expect this fresh infusion to attract an additional Rs 1 lakh to Rs 1.5 lakh crore in capital,ā€ said Anirudh Damani, managing partner, Artha Venture Funds.   Damani further added that this initiative will provide much-needed growth capital to early-stage startups, further strengthenin...