Cg1 Example 2014-2024 Form
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FAQs
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What are the needed forms to be filled out for paying tax on capital gains as a US citizen?
If you have Shares in Common Stock:Schedule D- Summary Of Capital Gains Flowing from Forms 8949 (6x8949)Forms 8949 - Discloses all Capital Gains Transactions which you will include from the for 1099-B and Realized Gain and Loss Statements sent to you by February 1st containing all your Capital Transaction. They require denoting whether the cost basis was reported to the IRS, The Sales Price was reported to the IRS, or whether were reported to the IRS, and there are Short Term and Long Term forms 8949 as well)Schedule D compiles the information also found on form 4797 if you have a Home business and have sold Section 1231 Assets, 1245 Assets and 1251 Assets)Form 8694 which is used to calculate if you are above the threshold for filing Net Investment Income (Obamacare tax).Schedule D also compiles Capital Gains flowing from Schedule K-1 Lines 8, 9A, 9B, &9C, plus Box 10 if you have partnership
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Assuming long term capital gains tax increases to 20-25% in 2013/2014 from current 15%, if I exercise my ISOs in 2012 and sell the acquired stock in 2014 what will be the long term capitals gains tax rate in this scenario?
Assuming you make an 83(b) election to accelerate recognition of ordinary income for the FMV of the options exercised in 2012, then yes when you sell the stock at any time more than a year later it will be taxed at the then current long term capital gains rates.
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Will the gains/returns from virtual currency be subjected to tax under the capitals gain or income from other sources?
Answer is in context to India. Dealing in virtual currency has no legal sanctity in India. There is no legal framework to guide on this. But it has not been banned outright also. Without a legal framework it is difficult to understand how gains will be taxed. In my view it will be treated as long term/short term capital gains like any other investments and will not be treated like the gains from stock markets.
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Do I need to file a tax return in India if no taxable income but long term capital gains and huge gift income by my overseas NRI daughter?
In case of huge gift income, first thing you need to do is to prepare a gift deed on plain paper - there is a good chance of your case being selected in scrutiny assessmment and hence it can serve as an evidence of mutual intention of parties to the gift. Note that otherwise a gift deed is not required for moveable property under Transfer of Property Act.If you have taxable long term capital gain (not the tax free gain from equity) over and above the qualifying limit, you need to file return and pay tax in India.
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What strategy should one follow to pay less tax, on returns from mutual funds and capital gains from stocks?
The best strategy is to go for med term or long term because after one year all the profit will be tax-free. If you have heard of Warren Buffet he is the third richest person in America after Jeff Bezos and Bill Gates but the recent tax he paid is much less as compared to others.20–30 people were there who paid more than Warren Buffet .So just apply the strategy to hold a stock or equity mutual fund for at least a year..
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I am an NRI having income from property, FD and capital gains. Do I need to file a balance sheet with the income tax return in India?
I have written this answer to other question also. the same is applicable to your question also. It is always advisable to prepare balance sheet to clearly know the assets and liabilities.Though non-resident Indians (NRIs) earn their living abroad, their obligation to file tax returns in India doesn't end. With the July 31 deadline for filing returns barely a month away, NRIs need to gear up to file their return if they have income in India that exceeds the basic exemption limit. How to Determine tax residency status: An NRI first needs to determine his tax residency status, that is, whether he falls in the category ofresident ornon-resident Indian (NRI)for tax purposes. While there may be no ambiguity regarding the status of an NRI who has lived abroad for a long time, those who have moved abroad recently or have returned to India after a long stay abroad need to ascertain their residency status properly.If you have moved out however stayed more then 182 days in India during last financial year you need to be careful about tax implication on salary earned outside India. Residency status for tax purposes is decided by the number of days of physical stay in India during a financial year. According to tax laws, an individual is considered to be a non-resident if he meets the following criteria:He should have been present in India for less than 182 days in a year; or,He should have been present in India for less than 60 days in a year or cumulatively for less than 365 days in the preceding four years.Therefore to calculate above check your passport and note the immigration stamps dates. Remember date of departure and arrival are included in calculation for stay in India. What is Taxable income in India : Any income of an NRI that originates in India or is received in India is taxable here. Some examples areØSalary income, (Earned in India)ØRental income from property owned in India, andØIncome from sale of securities and assets held in India.ØInterest IncomeØCapital gainsIf an NRI has performed his job in India, his salary income will be taxable here, irrespective of where the salary is credited to his account. On the other hand, if an NRI has worked abroad but received his salary in India, this will be included in his taxable income here. Interest income from an NRO account (but not from an NRE and a FCNR account), deposits and debentures is taxable in India. NRIs also have to pay tax on capital gain from sale of house property,shares etc.Whether Return Filing MandatoryFiling an income tax return in India becomes mandatory for an NRI in following situations-The sum total of his taxable income from all sources (before claiming any deduction) exceeds the basic exemption limit of Rs 2.5 lakh.As per Budget 2016 and applicable from 2016-17, even gain on sale of securities held for more than 12 months and sold on a stock exchange, which is non-taxable, has to be included when calculating total taxable income.Filing of income tax return also becomes mandatory for an NRI even if his total taxable income does not cross Rs 2.5 lakh, if he claims benefit under a tax treaty. Besides not having to file tax if their income is less than the basic exemption limit, NRIs are excluded from filing return under a couple of other circumstances. An NRI who has chosen to be covered by the special provisions of Chapter XII-A may not file tax return if his income consists only of capital gains which charged to taxed at flat rate of 20%. Similarly, those having only interest income (given in Section 115A which is charged to tax at flat rate of 25%) may also not file. This is provided tax has been deducted at source for such incomeWhat deductions are available : Like resident Indians, NRIs are entitled to avail of tax deductions.Most of the commonly known deductions (under Chapter VIA of the IT Act) are available to both residents and non-residents. The deductions that NRIs don't enjoy are Section 80DD for maintenance, including treatment, of disabled dependant; Section 80DDB for medical treatment of specified diseases for self or dependants; Section 80U for person with disability; Section 80C for the specific investments not available to NRIs, like PPF, NSC, 5-year post office deposit, and senior citizen savings scheme; and Section 80CCG for investment in Rajiv Gandhi Equity Savings Scheme. Enjoy benefit of DTAA: India has signed the double taxation avoidance agreement (DTAA) with around 90 countries. NRIs need to first determine whether a particular income of theirs is taxable in India. They must then furnish a tax residency certificate (TRC) issued by the tax authorities of the country where they currently reside. In addition, they may also be required to provide a self-declaration in Form 10F. Next, depending on the type of income, they may get relief under DTAA: the income may be entirely exempted or it may get taxed at a lower rate. If the income is taxable under DTAA, they have to pay tax in India and claim credit for the tax paid here against the tax liability in their home country. For claiming a lower tax rate under DTAA, NRIs had to earlier provide their PAN number to avoid the higher withholding tax of 20 per cent under Section 206AA. The Central Board of Direct Taxes (CBDT) has through a recent notification introduced rule 37BC, which allows NRIs to furnish alternative documents and information instead of PAN to avoid paying the higher withholding tax. These include name, email ID, contact number, address, TRC and Tax Identification Number (TIN).Transfers to Indian NRO accounts and Balance sheetsWhile you prepare your income tax return in India it is advisable to prepare a balance sheet. All amount transferred to Indian NRO account or other indian investment shall be incorporated in Balance sheet. Care shall be taken that all remittance received in India are from valid sources and tax is not applicable in India. Eg If Dividend is received from out of India it is taxable, the remittance out of salary earned abroad is not taxable.
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