Claiming Capital Loss on unlisted shared against income tax - Community Forum (2024)

FAQs

Can you claim loss for delisted shares? ›

As explained above, technically and legally you can claim capital loss on delisted shares only on extinguishment of your rights in shares as extinguishment is treated as transfer but there are practical difficulties when your try to fill up your ITR form for claiming such losses.

If the shares that have become worthless are not in a company quoted on the stock exchange, but in a private company, for example, a family trading company, you may be able to set off your loss against income of the same tax year in which the loss is made or the previous one.

Capital losses can be used as deductions on the investor's tax return, just as capital gains must be reported as income. Unlike capital gains, capital losses can be divided into three categories: Realized losses occur on the actual sale of the asset or investment. Unrealized losses are not reported.

Here's how this is done: 1. Long-Term Capital Gain Tax: If an investor sells an unlisted stock that has been held for more than 24 months or two years, any gain from the sale is categorised as a Long-Term Capital Gain (LTCG). LTCG earned from unlisted stocks is taxed at 20% with indexation.

Though delisting does not affect your ownership, shares may not hold any value post-delisting. Thus, if any of the stocks that you own get delisted, it is better to sell your shares. You can either exit the market or sell it to the company when it announces buyback.

The value of shares doesn't automatically rise or fall with a delisting, but when an involuntary listing takes place, it's often a sign that a company is approaching bankruptcy. In this case, there's a chance investors might lose their investment.

Realized capital losses from stocks can be used to reduce your tax bill. You can use capital losses to offset capital gains during a tax year, allowing you to remove some income from your tax return.

Capital losses

You can only claim a loss for shares or units you have disposed of. You can't claim a 'paper loss' on investments you continue to hold because they may have decreased in value.

You can claim the loss as a deduction but you'll need to assess whether you've incurred a capital loss or revenue loss. This will dictate whether the loss can only be offset against capital gains or income from other sources.

If your net losses in your taxable investment accounts exceed your net gains for the year, you will have no reportable income from your security sales. You may then write off up to $3,000 worth of net losses against other forms of income such as wages or taxable dividends and interest for the year.

How to write off worthless stock? ›

Here's what you need to do to report your loss: Report any worthless securities on Form 8949. You'll need to explain to the IRS that your loss totals differ from those presented by your broker on your Form 1099-B and why. You need to treat securities as if they were sold or exchanged on the last day of the tax year.

Key Takeaways

Net capital losses in excess of $3,000 can be carried forward indefinitely until the amount is exhausted. Due to the wash-sale IRS rule, investors need to be careful not to repurchase any stock sold for a loss within 30 days, or the capital loss does not qualify for the beneficial tax treatment.

Unlisted shares lock in period

There is a lock-in period of six months if you have the shares of a company that announces an IPO and is getting listed on the stock exchange. You cannot sell such shares for six months from the date of listing.

Under the Net Asset Value method, the value of unquoted equity shares is determined based on the company's net worth. The net worth is calculated by subtracting the liabilities of the company from the assets. This method considers the company's balance sheet to ascertain the fair market value of the shares.

These shares are not listed on any recognized stock exchange and hence the companies will not be paying the STT i.e. Securities Transaction Tax. Due to such, the period of holding will be considered as 24 months for determining the taxability.

If you own securities, including stocks, and they become totally worthless, you have a capital loss but not a deduction for bad debt.

What would happen if I bought a put option and the company got delisted before the expiration date? If the company is delisted, you can still exercise your PUT option (and you probably should). So if you own shares, you can still sell the shares at the strike price, even if they are no longer listed.

Eligible shareholders receive a public announcement and a bidding form. As a shareholder, you can exit by tendering your shares, with the final price determined by the maximum offered share price. Once the specified limits are reached, the delisting is deemed successful; otherwise, the company remains listed.

Bottom line. If you have a worthless asset, you can claim your tax write-off and reduce your taxable income. But it's important that you follow the IRS procedures, because your brokerage may not report your loss on worthless securities that remain in your account if you can't dispose of them.