Transfer of Securities in a Demat form

   

Transfer of  Securities in a Demat form [sec 45(2A)]:-  

Where any person has had any beneficial interest in any security which has been transferred in the previous year, then any profits/ gains arising from the sale of such securities shall be chargeable under the head capital gains in the hands of the beneficial owner. 

The Central Board of Direct Taxes (CBDT) has specifically issued a circular (Circular no. 768, vide dated 24-06-1998) in relation to taxing of such transfer of securities, the gist of which is summarized as under:  

S No.

Description

Clarification I

The FIFO (First In First Out) method shall be applied only in respect of the dematerialized holdings because in the case of sale of such dematerialized securities, the securities held in physical form cannot be construed to have been sold as they continue to be in possession of the investor with each security separately identifiable;

Clarification II

In the Depository system the investor can hold multiple accounts, wherein if securities are sold from multiple accounts then FIFO method will be applied account wise.

Clarification III

If in an existing account of dematerialized stock, old physical stock is dematerialized and entered at a later date, then as per FIFO method, the acquisition date for stock will be taken as the date on which same was entered into the demat account.

PLEASE NOTE:

  • In the above case transfer of such dematerialized securities shall be chargeable as income of the beneficial owner and shall not be regarded as the income of the depository in any case.