When promoting mutual funds, shares, or actual property, do we have to pay capital beneficial properties tax if revenue is under the fundamental exemption restrict? Allow us to discover the truth.
Not too long ago I obtained this touch upon one in every of my weblog posts “Basu, My spouse has no wage revenue, The one supply of revenue is curiosity from FD and LTCG/STCG from redeeming mutual fund items. Ought to we pay LTCG/STCG tax though we don’t have wage revenue?”. Therefore, thought to write down this publish for readability and could also be useful for others too.
Do we have to pay capital beneficial properties tax if revenue is under fundamental exemption restrict?

Who might declare the Fundamental Exemption Restrict?
Earlier than continuing additional, allow us to first perceive the eligibility to assert the fundamental exemption restrict. As per the rule, solely People and HUF are eligible to assert the fundamental exemption restrict. Even NRIs should not allowed to assert the fundamental exemption restrict.
How a lot is the present fundamental exemption restrict?
As per the FY 2024-25, the fundamental exemption restrict below the previous tax regime for resident people whose age is under 60 years is Rs.2,50,000, if the age is greater than 60 years however under 80 years, then it’s Rs.3,00,000 and if the age is greater than 80 years, then it’s Rs.5,00,000. Underneath the brand new tax regime, the fundamental exemption restrict is Rs.3,00,000.
Refer the newest tax slab charges “July 2024 Price range – New Earnings Tax Slab Charges FY 2024-25“.
Which revenue is first eligible to assert for fundamental exemption restrict?
In keeping with Sec.112 (1) a – Supplied that the place the entire revenue as lowered by such long-term capital beneficial properties is under the utmost quantity which isn’t chargeable to income-tax, then, such long-term capital beneficial properties shall be lowered by the quantity by which the entire revenue as so lowered falls in need of the utmost quantity which isn’t chargeable to income-tax and the tax on the steadiness of such long-term capital beneficial properties shall be computed on the price of twenty p.c;
It means you need to first think about Different Earnings (aside from capital acquire) for availing the fundamental exemption restrict. After availing of the exemption, you probably have nonetheless room accessible for claiming the fundamental exemption restrict, then you possibly can think about the capital acquire to regulate in direction of the fundamental exemption restrict. You may’t regulate the capital acquire in direction of the fundamental exemption restrict as a precedence.
Conclusion – Now it’s clear that to avail capital acquire adjustment in direction of the fundamental exemption restrict, you should be an Particular person or HUF and likewise first have to regulate different revenue (aside from capital acquire). If you happen to nonetheless have room to assert the exemption, then solely you possibly can regulate it from the capital acquire.
Refer our earlier posts associated to this –