Sunday, August 28, 2016

Proposal for Raising Sec 54E (Capital Gains) Deposit Limits to raise Cheap Development Funds for the Government

The present exemption limit of Rs. 50 lakhs of deposit in Sec 54E instruments was fixed over a decade ago and,  since then,  there has been a tremendous increase in property prices (land or buildings) and this makes the present limit  very unrealistic and  unfair to  the individual tax payer.

In the light of the above, the basic Recommendation is  : Raise  the present exemption limit of  Sec 54E  deposits  from the current Rs. 50 lakhs  to  Rs. 10 crores  as under :

a)    Increase the Rs. 50 lakhs deposit limit to Rs. 1 crores in any of the currently available avenues like REC Bonds etc. as per present practice for obtaining Capital Gains Tax Exemption  (i.e. an increase of Rs.50 lakhs benefit to the tax payer)

b)    Deposits beyond Rs. 1 crore upto Rs. 10 crores  can only be made  under the following provisions :

  • For deposits from Rs.1,00,00,001 upto Rs.2,00,00,000/- the interest rate paid in Sec 54 E instruments  will be  2 percentage points less than the prevailing rate for that year (which is applicable to the deposit of the first Rs.1 crore) 
  • For deposits from Rs.2,00,00,001 upto Rs. 5,00,00,000/- the interest rate paid in Sec 54 E instruments  will be  4 percentage points less than the prevailing rate for that year (which is applicable to the deposit of the first Rs.1 crore) 
  •  For deposits from Rs.5,00,00,001 upto Rs. 10,00,00,000/- the interest rate paid in Sec 54 E instruments will be   NIL.



c)    As can be easily understood,  the government will get a huge cache of cheap and almost NIL cost funds for the price of foregoing some taxable income (a fair part of which it was losing anyway because people may have been avoiding declaring the same to avoid / evade  paying income tax).

d)    Even more important,  the deposit of so much money in government coffers means that development works can be tremendously speeded up without the government running up huge deficits because these funds are coming at substantially lower costs.


e)    Finally,  the mopping of so much money from individuals will have a salutary effect on inflation that is fuelled by excess of money supply in individual hands.


ONE CAUTION

     Anyone making large deposits for Capital gains should not be questioned, interrogated, investigated or hounded for doing so.  The very fact that he/she  is placing money in a legal instrument is a big gain for the legitimate economy and probing beyond that will be counter-productive.  

     Of course,  while making such deposits,  the capital gains claimed has to be explained in terms of giving details of the transaction which yielded such capital gains and asking for necessary details of that transaction is perfectly okay.  But that is where it must stop. There should be no automatic imputation of "illegitimacy" simply because Capital gains amount deposited is large.

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