80CCG
This newly modified section provides that where the assessee is a new retail investor, and his total income is less than 12 lakh, an amount of Rs.50,000 deposited under Rajiv Gandhi Equity Savings Scheme (RGESS) would enable the investor to deduction of 50% of the amount so invested up to a maximum investment of Rs.50, 000/- from his taxable income under section 80CCG, as part of the Government of India policy to promote new retail investment in capital markets (a person will be entitled to this benefit only once).
This newly modified section provides that where the assessee is a new retail investor, and his total income is less than 12 lakh, an amount of Rs.50,000 deposited under Rajiv Gandhi Equity Savings Scheme (RGESS) would enable the investor to deduction of 50% of the amount so invested up to a maximum investment of Rs.50, 000/- from his taxable income under section 80CCG, as part of the Government of India policy to promote new retail investment in capital markets (a person will be entitled to this benefit only once).
50% of the amount invested in shares/units subject to a maximum investment of Rs.50,000/-
The Finance Act 2012 introduced a new section 80CCG on 'Deduction in respect of investment made under an equity savings
scheme' as notified by the Central Government to give tax benefits to 'New Retail Investors' who invest up to Rs.50,000/- and
whose gross total annual income is less than or equal to Rs.10 lakhs. The Ministry of Finance approved a new tax savings
scheme named Rajiv Gandhi Equity Savings Scheme (RGESS) vide Notification no. 51/2012 F. No. 142/35/2012-TPL dated
November 23, 2012. SEBI issued Circular no. CIR/MRD/DP/32/2012 dated December 06, 2012 directed inter-alia Mutual
Funds to take note of RGESS notification and take necessary steps to implement the RGESS.
In the Finance Act, 2013, certain conditions of RGESS were liberalized. Ministry of Finance thereafter vide Notification no.
94/2013 F. No. 142/35/2012 -TPL dated December 18, 2013 notified RGESS, 2013 i.e. the amended RGESS. The objective of
RGESS is to encourage the flow of savings in the financial instruments and improve the depth of the domestic capital market
by New Retail Investors
1. RGESS is open to New Retail Investors, identified on the basis of their PAN. These shall mean investors: (i) who have not
opened a demat account and have not made any transactions in the derivative segment before the date of opening of a demat
account or the first day of the Initial Year, whichever is later, or (ii) who have opened a demat account but have not made any
transactions in the equity segment or the derivative segment before the date they designated their existing demat account for
the purpose of availing the benefit under RGESS (hereinafter referred to as an 'RGESS Demat Account') or the first day of the
Initial Year, whichever is later.
Explanation:
a) "Initial Year" means -
• the financial year in which the investor designates his demat account as an RGESS Demat Account and makes investment in
the Eligible Securities for availing deduction under the Scheme; or
• the financial year in which the investor makes investment in Eligible Securities for availing deduction under RGESS for the
first time, if the investor does not make any investment in Eligible Securities in the financial year in which the account is so
designated;
In case of existing joint accounts, all joint account holders other than the first account holder (e.g. second / third account
holders) or nominees of the existing account holders will be eligible to open a fresh RGESS Demat Account, and be considered
as 'New Retail Investors' to avail the benefits under RGESS, if otherwise eligible.
2. The Depository shall certify the 'New Retail Investor' (hereinafter referred to as 'investor') status of the investor at the
time of designating his Demat account as RGESS Demat Account.
3. Investment in Eligible Securities may be made for any amount and in one or more transactions in a given financial year.
However, the maximum permissible Investment for claiming deduction under RGESS is Rs.50,000/- and the investor would
get a 50% deduction of the amount invested from the taxable income for that year.
4. The investor may invest in one or more financial years in a block of three consecutive financial years beginning with the
Initial Year. If the investor does not invest in any financial year following the Initial Year, he may invest in the subsequent
financial year, within the three consecutive financial years beginning with the Initial Year. The investor shall be eligible for
the tax benefit under RGESS in respect of the investment made in each financial year.
For e.g.: If an investor invests first time in Eligible Securities under RGESS in FY 2014-15 and avails deduction, he may also
invest in either or both of FY 2015-16 and FY 2016-17 and avail deduction for the relevant year(s).
5. The gross total income of the investor for the relevant year shall not exceed Rs.12 lakhs (financial
year 2014-15 onwards,
prior to that the total income shall not exceed Rs.10 lakhs);
6. Investors who invested under RGESS 2012 are also eligible to invest in Financial Years 2013-14 and 2014- 15 and avail
benefits under RGESS 2013. Investments made under RGESS 2012 will be governed by the provisions of RGESS 2012 only to
the extent the provisions of RGESS 2012 are not in contravention of RGESS 2013.
7. Amongst the universe of Eligible Securities that an investor can invest in, the Units of Exchange Traded Funds (ETFs) or
Mutual Fund scheme or equity oriented funds which have Eligible Securities as their underlying and are listed and traded on
the stock exchanges and settled through a depository mechanism are also covered.
8. The Eligible Securities credited in the RGESS Demat Account will automatically be subject to lock-in during its first year
unless the New Retail Investor submits a declaration (within one month from the date of transaction) in the prescribed
format to the Depository Participant indicating that such securities are not to be included within the above limit of
investment for claiming tax deduction.
9. The total lock-in period for investments under the RGESS would be three years including the fixed lock-in period and the
flexible lock in period. The fixed lock-in period will commence from the date of purchase of Eligible Securities under RGESS in
the relevant financial year till March 31of the year immediately following the relevant financial year. The flexible lock-in
period shall be the period of two years beginning immediately after the end of the fixed lock-in period. For e.g. If Eligible
Securities are purchased on 02.04.2014
10. After completion of the fixed lock-in period, investors would be allowed to trade in the securities. Investors would,
however, be required to maintain their level of investment during the next two years (i.e. the flexible lock-in period) at the
amount for which they have claimed income tax benefit or at the value of the portfolio before initiating a sale transaction,
whichever is less, for at least 270 days in each of these 2 years. Such investment value shall exclude the value of investment
which is under the fixed lock-in period.
11. The balance of the investment portfolio of Eligible Securities in the RGESS Demat Account, at any point of time during the
flexible lock-in period, shall not be less than the amount corresponding to the value of the securities in the fixed lock-in.
12. The general principle under which trading is allowed is that whatever is the value of stocks / Units sold by the investor
from the RGESS portfolio, RGESS compliant securities of at least the same value are credited back into the account
subsequently.
However, the investor is allowed to take benefits of the appreciation of his RGESS portfolio, provided its value, as on the
previous day of trading, remains above the investment for which they have claimed income tax benefit.
13. The Depository Participant shall furnish an annual statement of the Eligible Securities invested in or traded through the
Demat account to the investor (Demat account holder).
14. In case the investor fails to meet the conditions stipulated under RGESS and the provisions laid under Section 80CCG of
the Income-tax Act, 1961, the taxability would be as provided under RGESS.
For complete details, investors are requested to read section 80CCG of the Income-Tax Act, 1961, the notification on Rajiv
Gandhi Equity Savings Scheme issued by ministry of finance and Frequently Asked Questions (FAQs) on RGESS.
Source: SEBI
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