The share market is a vital part of the Indian economy. Transactions in the share market generate significant income for individuals, companies, and institutions. This income is subject to tax under the Income Tax Act, 1961.

There are different types of taxes levied on income from the share market, including short-term capital gains tax, long-term capital gains tax, and securities transaction tax. The rates of these taxes vary depending on the type of transaction and the holding period of the shares.

Individuals who earn income from the share market must pay taxes on their earnings. Resident Indians are taxed at regular rates, while non-resident Indians and foreign institutional investors are taxed at special rates. The due dates for payment of taxes depend on the taxpayer's residency status.

Penalties may be imposed for late payment or non-payment of taxes. Interest is charged at 1% per month on unpaid tax from the due date until the date of payment. A penalty of 10% of the unpaid tax may also be levied.

There are ways to avoid paying taxes on income from the share market. Exemptions and deductions are available for certain types of transactions and investments. Long-term capital gains are not subject to tax if they are reinvested in specified assets.
 

What is Share Market Income Tax in India

What are the different types of Share Market Income Tax in India
There are two types of share market income taxes in India: short-term capital gains tax and long-term capital gains tax. Short-term capital gains tax is levied on profits earned from the sale of shares held for less than 12 months. Long-term capital gains tax is levied on profits earned from the sale of shares held for more than 12 months.

What are the rates of Share Market Income Tax in India
The rate of short-term capital gains tax is 15%. The rate of long-term capital gains tax is 10%.

How is Share Market Income Tax calculated in India
Share market income tax is calculated by subtracting the cost of acquisition (i.e., the price paid to purchase the shares) from the selling price of the shares. The resulting amount is then multiplied by the applicable tax rate (i.e., 15% for short-term capital gains or 10% for long-term capital gains).
 

Who is liable to pay Share Market Income Tax in India

Resident Individuals
Individuals who are resident in India are liable to pay income tax on their share market income. The tax rate depends on the individual's tax slab.

Non-Resident Indians (NRIs)
Non-resident Indians (NRIs) are also liable to pay income tax on their share market income at the same rates as resident individuals. However, they are only taxed on the income earned from shares that are listed on a stock exchange in India.

Foreign Institutional Investors (FIIs)
Foreign institutional investors (FIIs) are subject to a different set of rules with regards to taxation of their share market income. They are taxed at a flat rate of 15% on their net long-term capital gains, and 20% on their short-term capital gains.
 

Due dates for payment of Share Market Income Tax in India

Resident Individuals
The due date for payment of Share Market Income Tax by resident individuals is the 31st of July following the end of the financial year in which the income was earned.

Non-Resident Indians (NRIs)
The due date for payment of Share Market Income Tax by NRIs is the 30th of September following the end of the financial year in which the income was earned.

Foreign Institutional Investors (FIIs)
The due date for payment of Share Market Income Tax by FIIs is the 30th of June following the end of the financial year in which the income was earned.
 

Penalties for non-payment or late payment of Share Market Income Tax in India

Interest
The interest rate for late payment of income tax on shares is 1% per month or part of a month from the date on which the tax was due till the date of actual payment. However, if the total amount of income tax due is less than Rs 10,000, no interest will be charged. Read more

Penalty
If an assessee fails to pay the income tax due on shares within the specified time limit, a penalty of 2% per month or part of a month from the date on which the tax was due till the date of actual payment may be levied. The minimum penalty that can be imposed is Rs 1,000 and the maximum penalty is equal to the amount of tax due.
 

How can Share Market Income Tax be avoided in India

Exemptions and deductions
An exemption is a deduction that can be claimed by an assessee from his/her total income. The Income-tax Act provides for various types of exemptions which are available to different categories of assessees.
Deductions, on the other hand, are expenses incurred wholly and exclusively in the production of income which can be set off against the income earned to arrive at the taxable income. Section 80C to 80U of the Income Tax Act provides for various types of deductions that are available to different categories of assesses.

Some common examples of deductions and exemptions that can be claimed by individuals include:
  • Section 80C: This deduction can be claimed for investments made in specified instruments like PPF, NSC, life insurance premium, etc up to a maximum limit of Rs 1.5 Lakhs.
  • Section 80CCD: This deduction can be claimed for contributions made to pension schemes like NPS and APY up to a maximum limit of Rs 1.5 Lakhs.
  • House Rent Allowance (HRA): House rent allowance received from an employer is exempt from tax up to a certain limit depending on the city of residence.
  • Leave Travel Allowance (LTA): Leave travel allowance received from an employer for travel within India is exempt from tax up to a certain limit.
  • Medical Insurance Premium: Payments made towards medical insurance premium are allowed as deduction under section 80D up to a maximum limit of Rs 25,000 per annum for self, spouse and dependent children and Rs 30,000 per annum in case of senior citizens. An additional deduction of Rs 25,000 can be claimed for payments made towards medical insurance premium for parents who are senior citizens.
 
The share market is a volatile place and understanding the income tax implications is crucial for any investor. There are different rates of share market income tax for resident and non-resident investors, as well as for foreign institutional investors. The due dates for payment of share market income tax also differ depending on the investor's status. Penalties for late or non-payment can include interest and penalties. Share market income tax can be avoided by taking advantage of exemptions, deductions, and long-term capital gains.