Capital Gains Tax in India โ Complete LTCG & STCG Guide 2026
๐ Capital Gains Tax โ Understanding India’s Revised 2024 Framework
Capital gains tax in India underwent the most significant restructuring in a decade via Budget 2024 (effective July 23, 2024): equity LTCG rate raised to 12.5%, STCG to 20%, and the indexation benefit removed from property and gold sales. These changes affect every investor selling assets โ equity, mutual funds, property, gold, or bonds. Understanding which tax rate applies to which asset, for which holding period, under which exemption, determines whether you pay โน0 or โน5 lakh in tax on the same sale. This guide covers every combination with worked examples.
๐ Capital Gains Tax Collections โ India 2025-26
- CBDT, FY 2025-26: Capital gains tax collected: โน2.4 lakh crore (up 38% from FY 2023-24). Equity and MF LTCG alone: โน68,000 crore โ reflecting the bull market of 2023-25. ITR filers reporting capital gains: 2.4 crore.
- Budget 2024 Impact: STCG rate increase from 15% to 20% (equity): significant for short-term traders and intraday investors. LTCG threshold raised to โน1.25L (from โน1L): small benefit for retail investors. Indexation removal from property: contentious โ helps some, hurts others depending on property holding period.
- SEBI, 2025: Equity MF redemptions for LTCG harvesting (April 2025): โน8,400 crore โ investors using the annual โน1.25L tax-free threshold actively. Awareness of tax harvesting growing rapidly among retail investors.
- Property market data (NHB, 2025): Property transactions above โน50L: 8.4 lakh in FY 2024-25. Average LTCG tax on property sales (post-Budget 2024, no indexation): โน4.8 lakh per transaction โ up from โน3.1L under old indexation regime for held-under-20-years properties.
1. LTCG and STCG Rates โ All Asset Classes (FY 2025-26)
| Asset | Holding for LTCG | LTCG Tax Rate | STCG Tax Rate | Key Note |
|---|---|---|---|---|
| Equity shares (listed) | >12 months | 12.5% above โน1.25L | 20% | Budget 2024 rates |
| Equity MF (STT paid) | >12 months | 12.5% above โน1.25L | 20% | Same as equity |
| Debt MF (bought after Apr 1, 2023) | Any | Slab rate | Slab rate | No LTCG benefit |
| Property (immovable) | >24 months | 12.5% (no indexation) | Slab rate | Indexation removed Jul 2024 |
| Gold (physical) | >24 months | 12.5% (no indexation) | Slab rate | Same change as property |
| Sovereign Gold Bond (maturity) | At 8yr maturity | Exempt | N/A | Full capital gains exempt |
| Listed bonds/debentures | >12 months | 12.5% | Slab rate | |
| Unlisted shares | >24 months | 12.5% | Slab rate | ESOP/startup shares |
2. Holding Periods โ When LTCG Kicks In
Holding period is calculated from date of purchase to date of sale (exclusive of sale date in some interpretations, inclusive in others โ check with CA for precision). Key points:
- Equity and equity MF: Buy on Jan 1, 2025 โ sell on or after Jan 2, 2026 = LTCG (12 months + 1 day). Sell on or before Jan 1, 2026 = STCG.
- Property and gold: 24 months required. Buy Jan 1, 2023 โ sell on or after Jan 2, 2025 = LTCG.
- Inherited assets: Holding period includes the deceased’s holding period. Cost of acquisition: fair market value on date of inheritance (for estates after April 1, 2001).
- Bonus shares: Holding period starts from allotment date of bonus shares, NOT from original shares’ purchase date.
3. Equity and Mutual Fund Capital Gains
Worked example: SIP investor selling after different durations:
| Transaction | Purchase Price | Sale Price | Holding | Gain | Tax |
|---|---|---|---|---|---|
| Nifty 50 MF units | โน1,00,000 | โน1,40,000 | 8 months | โน40,000 STCG | โน8,000 (20%) |
| Same units held 15 months | โน1,00,000 | โน1,40,000 | 15 months | โน40,000 LTCG | โน0 (within โน1.25L threshold) |
| Larger MF portfolio | โน5,00,000 | โน8,00,000 | 2 years | โน3,00,000 LTCG | โน21,875 (12.5% on โน1.75L taxable) |
The โน1.25L annual threshold means gains up to โน1.25L from equity are completely tax-free each year. Annual harvesting (sell and rebuy to reset cost basis) at the โน1.25L limit each April permanently reduces future LTCG liability.
4. Property Sale โ The New Post-Budget 2024 Reality
The removal of indexation from property LTCG (Budget 2024, effective July 23, 2024) has changed the tax math for property sellers significantly:
| Property Scenario | Old Tax (20% with indexation) | New Tax (12.5% no indexation) | Better Under |
|---|---|---|---|
| Bought โน30L in 2015, sold โน80L in 2025 | Indexed cost ~โน50L; tax on โน30L = โน6L | Tax on โน50L = โน6.25L | Old (marginally) |
| Bought โน20L in 2005, sold โน80L in 2025 | Indexed cost ~โน65L; tax on โน15L = โน3L | Tax on โน60L = โน7.5L | Old (much better for long-held) |
| Bought โน50L in 2022, sold โน75L in 2025 | Indexed cost ~โน58L; tax on โน17L = โน3.4L | Tax on โน25L = โน3.125L | New (slightly) |
Note: In the Finance Bill 2024, an option was given for properties acquired before July 23, 2024 to choose the more beneficial of old (20% with indexation) or new (12.5% without) regime for that specific property โ verify current CBDT clarification with your CA before selling any long-held property.
5. Gold and Bonds Capital Gains
| Gold Type | LTCG Tax | Best Tax Treatment |
|---|---|---|
| Physical gold jewellery (held 24+ months) | 12.5% without indexation | Avoid selling if possible |
| Gold ETF (held 24+ months) | 12.5% without indexation | Better than physical (no making charge lost) |
| Sovereign Gold Bond (at 8-year maturity) | Completely exempt | Best โ zero capital gains tax |
| Sovereign Gold Bond (sold before maturity) | 12.5% (if 12+ months) | Hold to maturity for exemption |
| Digital gold (held 24+ months) | 12.5% | Same as physical |
6. Capital Gains Exemptions โ Section 54, 54F, 54EC
| Section | Applies To | Investment Required | Cap | Timeline |
|---|---|---|---|---|
| 54 | LTCG from residential property sale | Purchase another residential property | โน10 crore | 2yr purchase / 3yr construction |
| 54F | LTCG from any long-term asset (not residential) | Full net proceeds in 1 residential property | Full gain exempt | 2yr purchase / 3yr construction |
| 54EC | LTCG from property | Invest in 54EC bonds (NHAI, REC, PFC) | โน50L | Within 6 months of sale |
| SGBs maturity | LTCG on SGB maturity (8yr) | Nothing needed โ automatic | No cap | Hold to 8-year maturity |
7. Filing Capital Gains in ITR
Key points for capital gains ITR filing:
- Use ITR-2 or ITR-3: ITR-1 cannot report capital gains. Any equity/MF redemption, property sale, or asset disposal requires ITR-2 (no business income) or ITR-3 (with business income).
- Schedule CG: Report each asset sale separately โ purchase date, cost, sale date, proceeds, brokerage deducted.
- MF gains: Download Capital Gains Statement from CAMS (camsonline.com) or KFintech โ import into ClearTax or use to manually populate Schedule CG. Do not rely on broker statements alone โ use AMC-level consolidation.
- Advance tax on capital gains: If capital gains tax liability exceeds โน10,000 for the year โ advance tax must be paid in instalments. Unexpected large gains (property sale) mid-year: pay advance tax within 30 days to avoid Section 234C interest.
- Loss carry-forward: Ensure losses are reported in Schedule CFL for 8-year carry-forward โ only if ITR filed on time.
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Frequently Asked Questions
Capital gains are classified as Long-Term (LTCG) or Short-Term (STCG) based on the holding period of the asset sold. The holding period threshold varies by asset class: Equity shares and equity MF: LTCG if held over 12 months; STCG if 12 months or less. Debt MF: LTCG if held over 24 months; STCG if 24 months or less (taxed at slab rate regardless after April 2023 rule change). Property (immovable): LTCG if held over 24 months; STCG if 24 months or less. Gold/physical gold: LTCG if held over 24 months; STCG if shorter. SGBs at maturity: capital gains tax exempted entirely. Listed bonds: LTCG over 12 months; STCG if shorter. Tax rates differ significantly: equity LTCG is 12.5% vs STCG at 20% โ making holding period the most important tax variable for equity investors.
Budget 2024 (effective July 23, 2024) made significant changes: Equity shares and equity MF: LTCG (over 12 months) โ 12.5% above โน1.25L/year threshold (raised from 10% above โน1L). STCG (12 months or less) โ 20% (raised from 15%). Property sale: LTCG (over 24 months) โ 12.5% WITHOUT indexation (previously 20% with indexation โ significant change). STCG โ slab rate. Gold/physical assets: LTCG โ 12.5% without indexation (same change from 20% with indexation). Debt MF (bought after April 1, 2023): all gains taxed at slab rate regardless of holding period โ no LTCG benefit. Debt MF bought before April 1, 2023: LTCG at 20% with indexation (grandfathered at old rules).
Key capital gains exemptions: (1) Section 54 (property to property): LTCG from sale of residential property is exempt if proceeds are reinvested in a new residential property within 2 years (purchase) or 3 years (construction). Cap: โน10 crore in exemption. (2) Section 54F (any LTCG to residential property): LTCG from any long-term asset (shares, gold, land) is exempt if net sale proceeds are invested in a new residential property. Must not own more than 1 house at the time of sale. (3) Section 54EC (capital gains bonds): LTCG from property can be invested in specified bonds (NHAI, REC, PFC) within 6 months โ up to โน50L exempt. Lock-in: 5 years. (4) SGBs (Sovereign Gold Bonds): capital gains on maturity (8 years) are completely exempt โ one of the most valuable tax exemptions for gold investors.
Capital gains must be reported in Schedule CG of your ITR. ITR form required: if you have capital gains from MF, stocks, property, or any asset โ file ITR-2 (salaried) or ITR-3 (business + CG). ITR-1 cannot be used if you have capital gains. What to enter: for each sale โ date of purchase, cost of acquisition (purchase price), date of sale, sale price, brokerage and transfer costs (deductible). For MF gains: import from CAMS Capital Gains Statement (available on camsonline.com) or Zerodha/Groww export โ this auto-populates your ITR with all MF transactions. For property sale: use sale deed, purchase deed, stamp duty valuation for indexation (even though indexation removed post-Budget 2024, records needed for calculations). Foreign capital gains: Schedule FSI additionally required.
Grandfathering applies to equity shares and MF units purchased before February 1, 2018 (when LTCG was reintroduced on equity): The cost of acquisition for computing LTCG on equity assets is deemed to be the HIGHER of: (a) the actual purchase price, or (b) the fair market value (FMV) as on January 31, 2018 (the NAV/closing price on Jan 31, 2018). This means gains that accrued before January 31, 2018 are effectively exempt from LTCG tax. Example: shares bought in 2015 at โน100. Jan 31, 2018 price: โน400. Current price: โน600. Taxable LTCG = โน600 – โน400 (FMV) = โน200 per share (NOT โน500). The โน300 gain (2015 to Jan 2018) is grandfathered out. For units purchased AFTER Feb 1, 2018: no grandfathering โ actual cost is purchase price.