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Home > Tax Questions > Income Tax > What Is Grandfathering in Section 112A?

What Is Grandfathering in Section 112A?

The section 112A grandfathering rule can affect the cost used for qualifying long-term capital gains on assets acquired before 1 February 2018. The prescribed fair-market-value mechanism can therefore be important when calculating the gain.

Quick Answer

For qualifying assets acquired before 1 February 2018, section 112A uses a special cost mechanism involving the actual cost and the prescribed fair market value as of 31 January 2018. The Schedule 112A calculation applies the statutory formula.



Why Was Grandfathering Introduced?

The grandfathering mechanism protects the tax treatment of qualifying gains attributable to appreciation up to the specified historical date, subject to the statutory formula.

What Date Is Important?

For the section 112A grandfathering calculation, 31 January 2018 is the key fair-market-value date for assets acquired before 1 February 2018.

How Is the Cost Determined?

The prescribed computation compares the actual acquisition cost with the relevant fair market value and sale consideration using the statutory formula. The ITR Schedule 112A captures these inputs.

Which Records Help?

Keep acquisition statements, historical market-price evidence where applicable, broker records and the transaction details used for the Schedule 112A calculation.

Why Older Holdings Need Care

Older shares or fund units can have historical transactions, corporate actions and multiple lots. A blanket current market-value approach can produce an incorrect result.

Important

Grandfathering is specific to qualifying assets and section 112A conditions. It should not be applied to every long-term capital asset.

Frequently Asked Questions

Does grandfathering apply to all shares?

No. It applies to qualifying assets and transactions covered by section 112A and its conditions.

What is the grandfathering date?

The relevant fair-market-value date is 31 January 2018 for qualifying assets acquired before 1 February 2018.

Is the 31 January 2018 value always the cost?

No. The statutory formula considers the actual acquisition cost, fair market value and sale consideration.

Related EZTax Resources

Official Sources

For current capital-gains and ITR guidance, refer to the Income Tax Department resources for the relevant assessment year.

Income Tax Department — ITR-2 FAQ

Income Tax Department — Set-off / Carry-forward of Losses FAQ

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Disclaimer: This article provides an overview and general guidance, not exhaustive for brevity. Please refer Income Tax Act, GST Act, Companies Act and other tax compliance acts, Rules, and Notifications for details.