Comprehensive Guide • Taxation

Capital Gains Tax Rules India: LTCG, STCG & Section 54 Exemptions (FY 2026-27)

Capital gains tax is levied on the profit realized from the sale of capital assets, classified into Short-Term Capital Gains (STCG) or Long-Term Capital Gains (LTCG) based on statutory holding periods. Under current tax provisions, Long-Term Capital Gains on listed equities and equity mutual funds are taxed at 12.50% on gains exceeding ₹1,25,000 per financial year, while Short-Term Capital Gains are taxed at 20.00%.

For unlisted shares, real estate, and physical gold, LTCG is standardized at 12.50% without indexation, though property acquired before July 23, 2024 retains an option to compute tax at 20% with indexation if beneficial to individual residents.

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1. Capital Gains Tax Rates Across Asset Classes

Asset Class Holding Period for LTCG Short-Term Tax Rate (STCG) Long-Term Tax Rate (LTCG) Annual Exemption Limit
Listed Equity & Equity Mutual Funds More than 12 Months 20% (Section 111A) 12.5% (Section 112A) ₹1,25,000 / year
Unlisted Equity Shares More than 24 Months Taxed at Slab Rate 12.5% (Section 112) Nil
Real Estate (Land & Building) More than 24 Months Taxed at Slab Rate 12.5% (Without indexation) Nil
Physical Gold / Jewellery More than 24 Months Taxed at Slab Rate 12.5% (Without indexation) Nil
Debt Mutual Funds (post-April 2023) Always Short-Term Taxed at Slab Rate Taxed at Slab Rate Nil

Note: Surcharge and 4% Health & Education Cess apply on all capital gains tax obligations.

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2. Worked Example: Equity LTCG Calculation

Suppose an investor sells equity shares realizing a net capital gain of ₹3,00,000:

1. Total Realized Long-Term Gain: ₹3,00,000
2. Statutory Annual Exemption (Section 112A): -₹1,25,000
3. Taxable Long-Term Gain: ₹1,75,000
4. Base Tax (12.5% of ₹1,75,000): ₹21,875
5. Health & Education Cess (4%): ₹875
6. Total Capital Gains Tax Payable: ₹22,750 (Effective tax rate: 7.58% on total profit)

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3. Reinvestment Exemptions on Real Estate Gains

  • Section 54 (Residential to Residential): Reinvest capital gains from a residential house into one new residential house within 1 year before or 2 years after sale (or construct within 3 years).
  • Section 54EC (Capital Gains Bonds): Invest up to ₹50,00,000 of capital gains in specified bonds issued by REC, NHAI, PFC, or IRFC within 6 months of sale. The lock-in period is 5 years.
  • Section 54F (Other Assets to Residential): Reinvest the entire net sale consideration* from non-residential assets into a residential house to exempt proportional LTCG.

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    Frequently Asked Questions

    Can capital losses be set off against capital gains?

    Short-term capital losses can be set off against both short-term and long-term capital gains. However, long-term capital losses can only be set off against long-term capital gains. Unadjusted losses can be carried forward for up to 8 assessment years, provided the ITR is filed on or before the due date.

    Does the ₹1.25 Lakh LTCG exemption apply to real estate or gold?

    No. The ₹1.25 Lakh annual tax exemption under Section 112A applies exclusively to listed equity shares, equity-oriented mutual fund units, and business trust units subject to Securities Transaction Tax (STT).

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    Official Sources & Statutory References