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NISM Certifications · NISM-Series-XXI-A: Portfolio Management Services (PMS) Distributors · Taxation (NISM XXI-A)

A PMS client sells listed equity shares from the portfolio after holding them for 8 months. Under the current rules, how is the gain classified?

The gain is a short-term capital gain. Listed equity shares must be held for more than 12 months to be long term, and 8 months falls short of that. Using a portfolio manager does not alter the holding-period test.

  1. ALong-term capital gain, because it was held through a portfolio manager
  2. BShort-term capital gain, because listed equity held for 12 months or less is short termCorrect
  3. CBusiness income by default for all PMS investors
  4. DIncome from other sources

Explanation

For listed equity shares the holding period threshold for long-term treatment is more than 12 months. At 8 months the gain is short term. Use of a portfolio manager does not change the holding-period classification.

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