Need for capital gains tax on shares trading
By Shahid Kardar
IN THE last two years the stock market index has jumped from around 6,000 to over 11,000 this month with market capitalisation shooting up from Rs.1.7 trillion to three trillion rupees, indicating that a capital gain of more than a trillion rupees accruing to holders of listed shares escaped taxation because of a specific tax exemption for capital gains arising from trading in listed securities.
Hence, the decision of the government to continue to extend the tax exemption on capital gains arising from trading in listed securities has once again demonstrated that economic policies are not just skewed in favour of the rich but are also speculator-friendly, disincentivising investments in the real sectors of the economy. Not surprisingly, this decision is encouraging excessive absorption of resources in asset trading with no worthwhile gains in terms of productivity of the real sectors of the economy.
That parts of the manufacturing sector have done well has been because of the consumption-led growth, thanks to the availability of consumer financing, the extraordinary protection provided by the import tariff structure to a significant chunk of it (that is, to those assembling motor vehicles and motor-cycles) and because of the increased volume of purchasing power in the hands of those who have done rather well in recent years from untaxed transactions in listed shares and real estate.
In a country where the distribution of assets is so heavily skewed compared to the distribution of incomes and there are no taxes on either deaths or gifts (and wealth tax has also been withdrawn), the continuing exemption from taxation of the massive capital gains in recent years from trading in shares has huge implications for widening inequalities between the affluent and the less privileged segments of the population. However, owing to growing public pressure and in the search for more revenue enhancing instruments, a levy in the form of small tax on transactions (on the value/sale price) in listed shares has been introduced to address the demands for equitable treatment of incomes from various sources.
It is too early to make a definitive judgment on the contribution of this measure in achieving the professed objectives for introducing this instrument, mainly because there is no information on the realised or accrued gains on transactions in shares and who are the main beneficiaries of these gains to see if there has been any notable impact of the change.
On grounds of equity all incomes or any enhancement in economic power, irrespective of their source should be subjected to the same degree of taxation. Hence, there is little justification for excluding from taxation capital gains arising from trading in shares, since for the vast majority of those trading in these securities, the gain should really be treated as ordinary income.
One of the main arguments (other than the bizarre demand of brokers accepted by government that the stock market needs continued support through such measures for its development!) for exempting capital gains is that profits of companies are subjected to taxation and the dividends paid out from these profits have already been taxed. And profits after tax are either distributed in the form of dividends or are retained by the company, which then get reflected as an increase in the value of the company’s shares – that is, as capital gains.
Hence, it is argued that taxing either dividends or capital gains from trading in shares when company profits are taxed amounts to double taxation. The trouble with this argument is that on account of different tax breaks and exemption schemes the effective income tax rate is lower than the actual, official, rate.
Another argument for exempting capital gains is that it can only be levied after the gain has been realised, thereby disincentivising realisation, creating a locked-in effect. This, therefore, discourages efficient use of resources and inhibits risk taking and investments. The holder of such shares may hold onto them although if, they were to change hands and go to those that value these assets more the resources, would be utilised more efficiently and effectively.
The capital appreciation in the values of shares does not simply reflect the retained after-tax profits of companies but also expectations of future profits. Thus a fair proportion of the capital gain is in the nature of simply a bonus for shareholders. Admittedly, there will be problems implementing a concept of broad-based, comprehensive income tax since it will not be easy to value all assets at the beginning and at the end of each year, as we discovered during the era of wealth tax, especially because of the problem of taxing unrealised gains on the capital appreciation of assets. Hence, income tax systems generally followed by different countries function on the principle of taxation of income only when it has been realised. Taxation of incomes and exemption of capital gains from taxation creates an incentive to dress up or treat ordinary income as a capital gain to avoid tax.
Even conceptually the difference between income and capital gain is somewhat vague because the shorter the accounting period the easier it would be to characterise income as a capital gain -- a classification that would become blurred over a longer period, all capital gain becoming ordinary income by disposition and character.
At present in the US capital gains are taxed at 15 per cent (for taxpayers in the lower income brackets it is five per cent). Canada, Australia and the UK levy a capital gains tax on realization with adjustments for inflation. Capital incomes are taxed at a low rate because of the mobility of capital in a globalised world while there is a more progressive rate for income from labour. There is also the concern about the double taxation of savings and problems of measuring income from capital for the purposes of taxation.
However, it needs to be accepted that dividends and capital gains being two sides of the same coin should be treated similarly for tax purposes. A globalizing economy has its constraints in terms of the degrees of freedom that a country enjoys in structuring its tax policies and to be able to access funding from external donors or global capital markets with all of them examining whether norms of prudent fiscal behaviour are being adopted.
However, not taxing capital gains either of the short-term or long duration variety, as is the case in India, is inconsistent and illogical if dividends continue to be taxed at 10 per cent. In this writer’s view both should be treated similarly.

