Right Issue Taxability

Tax on Sale of Rights Entitlement

When a shareholder sells Rights Entitlement instead of applying, the amount received is treated as capital gains.

  • Cost of acquisition: NIL
  • Holding period: Short-term
  • Tax treatment: Entire sale value is taxable as short-term capital gains

The tax rate depends on whether the entitlement is sold through the stock exchange and applicable STT rules.


Tax if Rights Issue Is Not Applied

If a shareholder does not apply for the Rights Issue and also does not sell the entitlement, then:

  • No income arises
  • No capital gains tax is applicable
  • Entitlement simply lapses after the closing date

There is no tax liability in such cases.


Tax on Rights Issue Discount

The discount offered in a Rights Issue (difference between market price and issue price):

  • Is not taxed at the time of allotment
  • Is not treated as income
  • Becomes relevant only at the time of sale

Tax is applicable only when the shares are sold.


Capital Gains Tax on Rights Issue Shares

Tax on sale of Rights Issue shares depends on the holding period:

  • Short-term capital gains:
    If shares are sold within 12 months of allotment
  • Long-term capital gains:
    If shares are sold after 12 months of allotment

Cost of acquisition = Rights Issue price actually paid by the investor.


Holding Period for Rights Issue Shares

  • Holding period starts from the date of allotment, not from record date
  • Each Rights Issue allotment is treated as a fresh acquisition
  • Tax classification depends strictly on the holding duration from allotment date