While income tax generally applies to gold investments, certain sections of the I-T Act provide exemptions
As an investment, gold has always stood out due to its consistent price increase over the years, offering assured returns in the long term. Investors aiming to diversify their portfolios often look towards gold due to its relative security as an investment option. However, under certain circumstances, gold purchases are subject to income tax.
Digital gold, which can be purchased online with insurance companies providing storage in vaults, is like physical gold. However, it’s worth noting that authorities like the Reserve Bank of India or the Securities and Exchange Board of India don’t regulate this kind of investment. Tax on digital gold is charged as per income tax rules for gold purchases, at a rate of 20.8%, which applies to physical gold and paper gold, explained Archit Gupta, CEO and Founder of Clear.in.
Though the investment world now offers various forms of gold, each has its tax applicability, making it imperative to understand these nuances.
Physical gold in the form of jewellery, biscuits, ornaments, and coins has been an age-old favourite for Indians. As per the Indian Income Tax Act, the sale of gold in this form attracts a tax of 20% and a 4% cess on long-term capital gains (LTCG), making a total of 20.8%. However, this doesn’t apply to short-term capital gains. Gupta further clarified that gains from gold possession beyond 36 months are termed as LTCG, while those within this period are labelled as short-term capital gains (STCG). STCG tax is determined according to the income slab of the individual.
Paper gold, encompassing Gold Mutual Funds, Gold ETFs (Exchange Traded Funds), Sovereign Bonds, etc., can’t be held physically. The income produced by selling units of ETFs or mutual funds constitutes your capital gain. The gold tax rules require a tax payment of 20.8% on the long-term capital gains from the sale of this type. For a holding period of less than 3 years, the applicable tax rate aligns with the individual’s income slab.
Gold derivatives with gold as the underlying asset are another option. Investment in derivative contracts through the commodities market attracts tax similar to the commodities F&O trading tax rate. “Income from such derivatives is termed as non-speculative business income, allowing investors to claim an expense against the income generated and prepare a P&L account for taxable income calculation,” Gupta added.
Gift or inheritance of gold: Interestingly, there are a few exceptions to tax liability in the sphere of gold gifts or inherited pieces. “According to Section 56(2) of the Income Tax Act, gold gifts from parents, spouses, or children are not subject to income tax. Nevertheless, gold gifts from non-relatives that exceed Rs 50,000 need to be taxed under the Income from Other Sources category. Furthermore, gold jewellery received as wedding presents can be exempt from tax, but the sale of these gifts will attract capital gains tax,” said Gupta.
Gold for NRIs: In terms of non-resident Indians (NRIs), the Income Tax Act lets them invest in physical gold, digital gold, and paper gold, though they aren’t permitted to invest in Sovereign Gold Bonds. “The tax they are required to pay on gold sales is on par with that of Indian residents. However, they are also expected to pay TDS on Gold ETF or mutual fund redemptions, with a 30% rate for short-term returns and 20% for long-term,” explained Gupta.
While income tax generally applies to investments in gold, certain sections of the Income Tax Act, such as Section 54EE and 54F, provide possibilities for exemptions from this tax. By following these sections, an investor can aim to keep their gold investment free from income tax liability.
Source: https://www.businesstoday.in/personal-finance/tax/story/heres-what-you-need-to-know-about-different-forms-of-gold-you-can-buy-and-their-tax-treatment-404073-2023-11-01
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