Capital Gains Tax Rules in India

For those who’ve recently sold or transferred capital assets like property, shares, or bonds, navigating India’s capital gains tax rules is paramount. Capital gains tax is a facet of income tax that hinges on the profit realized from the sale concerning the difference between the sale price and the acquisition cost of a capital asset.

But not all capital gains are created equal, and not all are subject to taxation. A range of rules and exemptions apply to various types of assets and transactions. In this blog post, we’ll delve into the essentials of capital gains tax new rules in India, offering insights on how to optimize your tax obligations while trading in the financial markets.

Types of Capital Assets and Capital Gains

Capital assets are categorized into two key groups: short-term capital assets and long-term capital assets. The classification depends on the duration of asset ownership before its transfer.

  • Short-term capital assets: These are assets held for less than 36 months before being transferred. However, for certain assets like shares, mutual funds, and debentures, the holding period is reduced to just 12 months.
  • Long-term capital assets: These are assets held for over 36 months before being transferred, with exceptions that extend the holding period for assets like shares, mutual funds, and debentures to 24 months.

Capital gains arising from short-term capital assets are labeled as short-term capital gains (STCG), while gains from the transfer of long-term capital assets are referred to as long-term capital gains (LTCG).

Tax Rates on Capital Gains

The tax rates applicable to capital gains hinge on the nature of the capital asset, the asset type, and the taxpayer’s income slab. Here are the fundamental tax rates for capital gains:

  • STCG on equity shares, equity-oriented mutual funds, and business trust units is taxed at a 15% rate, provided the securities transaction tax (STT) is paid during the transaction.
  • STCG on other assets is taxed at the standard slab rates corresponding to the taxpayer’s income.
  • LTCG on equity shares, equity-oriented mutual funds, and business trust units that exceed Rs. 1 lakh are subject to a 10% tax, without the benefit of indexation, provided STT was paid during the transaction.
  • LTCG on other assets is taxed at a rate of 20%, with indexation benefits applicable in most cases.

Indexation benefit entails adjusting the cost of acquiring and enhancing a long-term capital asset using the Cost Inflation Index (CII), which reflects the inflation rate. This adjustment reduces taxable capital gains by increasing the cost base.

Capital Gains Tax Exemption Rules

The Indian Income Tax Act offers a range of exemptions aimed at minimizing your tax liability on capital gains. These exemptions vary depending on the type of capital asset and the reinvestment method for capital gains or sale proceeds. Notable exemptions include:

  • Section 54: This section provides an exemption from LTCG on the sale of residential properties by reinvesting in another residential property within specified timelines.
  • Section 54B: Exempts LTCG or STCG on the sale of agricultural land when reinvested in new agricultural land within the stipulated period.
  • Section 54EC: Offers an exemption from LTCG on the sale of land or buildings by investing in specified bonds issued by NHAI or REC.
  • Section 54F: Provides an LTCG exemption when a long-term capital asset other than a residential property is sold, and the net sale proceeds are invested in a new residential property.
  • Section 54GB: Grants an LTCG exemption on the sale of residential property when invested in equity shares of an eligible company or start-up, subject to specific conditions.

Reporting Capital Gains in Your Income Tax Return

Capital gains aren’t standalone income but constitute a part of your overall income from various sources. Thus, it’s crucial to include them in your income tax return alongside your other earnings. If you’ve gained or lost from capital assets, you must file either ITR-2 or ITR-3, based on your involvement in business or profession.

In these forms, you’ll complete Schedule CG, providing essential details about your capital assets, transactions, costs, sale prices, gains, exemptions, and more. It’s worth noting that if your total tax liability exceeds Rs. 10,000 in a fiscal year, you’ll need to pay advance tax. This must be done in four installments: 15% by June 15, 45% by September 15, 75% by December 15, and 100% by March 15.

In Conclusion

Capital gains tax plays a pivotal role in your overall tax scenario, influencing cash flow, investment decisions, and financial planning. A solid grasp of the fundamental rules and exemptions governing capital gains tax is indispensable for sound financial management. 

Frequently Asked Questions (FAQs)

What is the new rule for capital gains tax?

The new rule for capital gains tax in India, introduced in the Finance Act 2023, includes changes to deductions and exemptions. Notably, the maximum deduction for reinvesting capital gains in a new residential property is capped at Rs. 10 crore from AY 2024-25. 

How do I avoid capital gains tax on the sale of property?

To avoid capital gains tax on property sales, you can consider strategies such as reinvesting gains within specified timeframes under sections like 54, 54B, 54EC, 54F, and 54GB. Additionally, you can leverage indexation benefits for long-term assets, offset losses against gains, and ensure compliance with the provisions of the Income Tax Act.

What are the rules for capital gains on property?

Capital gains rules for property transactions in India depend on factors such as the property’s holding duration and type (residential, agricultural, or other). Short-term assets (held for less than 24 months) are taxed at slab rates, while long-term assets (held for over 24 months) are taxed at 20% with indexation benefits. Specific exemptions apply to different types of property, with conditions and timeframes outlined in sections like 54 and 54B.

How much capital gain is tax-free in India?

The amount of tax-free capital gains in India varies based on the type of asset and applicable exemptions. For instance, under section 54, capital gains from the sale of a residential property can be tax-free if reinvested in a new residential property within specified timeframes. 

How do I avoid capital gains tax on the sale of property?

Avoiding or minimizing capital gains tax on property sales involves utilizing provisions such as section 54, 54B, 54EC, 54F, or 54GB. These sections offer exemptions when gains are reinvested in specific types of assets within prescribed periods..


Disclaimer: Investments in the securities market are subject to market risks; read all the related documents carefully before investing.