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Money Laundering Via Listed Shares

August 12, 2013 Leave a comment


 wealthymattersUnder the Indian tax law, long-term capital gains on listed equity shares (capital gains when there is at least a year’s gap between the time a share is bought and when it is sold) is tax-free. This fact is used to launder money as explained by Prashant Kumar Thakur in his book ‘Tax Evasion through Shares’.For example,a broker and his client could strike a deal whereby the broker sells shares in a penny stock to his client for a low price, say a few rupees.The catch here is that the contract note issued to the client is backdated to a year earlier. In the interim, the broker has manipulated the price of the stock up through circular trading — two or more brokers circulate the stock between them each selling at a higher price than earlier. After the client has bought the shares for a few rupees each, he transfers physical cash to the broker who then routes it through a range of accounts. In the final step, the broker ‘buys’ the shares back from his client at the higher price, locking in a long-term capital gain. Essentially, the broker has routed the client’s own money back to him, with the advantage that the client can show this as a legitimate capital gain in his tax return — a gain which is tax free.For this purpose,many CAs control a clutch of listed companies each.  Read more of this post

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Filed under Paper Assets, Theory, Tool Kit Tagged with angadias, backdating of contract notes, circular trading, contract notes, demating shares, long-term capital gains, mergers, money laundering using shares, penny stock, physical share certificates, postaday, Prashant Kumar Thakur, preferential issue of shares, private unlisted company, purchase bills, share brokers, share operators, tax evasion, Tax Evasion through Shares

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