Assets like stocks, bonds, property, mutual fund units, etc., are great investment options that generate capital gains when sold/redeemed. Thus, they are called capital assets, and the profits generated from their sale are liable for taxation under the head capital gains.
So, if you are thinking of investing in such assets, it is important to know about capital gains tax, its types, and available exemptions. Keep reading for a deeper insight!
Budget 2024 has proposed the following changes effective from FY 24-25
As mentioned above, when you gain profits from the sale of capital assets, there are tax implications. This is called capital gains tax. Now, based on the time period you hold on to these assets, there can be two types of applicable capital gains tax:
Short-term capital gains tax
When you sell your capital assets after holding them for a period of less than or equal to 36 months, it would be considered a short-term asset. Thus, profits from its sale are liable for short-term capital gains (STCG) tax. This is applicable to movable properties. For immovable ones, the holding period threshold is 24 months and for listed securities and equity-oriented funds the holding period threshold is 12 months.
The applicable tax rate can vary as per the asset class.
Long-term capital gains tax
Now, when you sell assets after holding them for a tenure of more than 36 months, they fall under long term assets. Thus, profits from their sale attract long term capital gains (LTCG) tax. In this case as well, the tax rate would depend on the asset class.
It is also to be noted that the holding period threshold for some assets may differ such as for immovable properties the holding period should exceed 24 months and for listed securities and equity-oriented funds it should exceed 12 months.
The capital gains tax rules could vary from one asset class to the other. These rules have been discussed below:
Equity shares can be divided into three categories - listed domestic, unlisted domestic and foreign. Find their applicable capital gains tax rates in the table below:
Equity Share Type | Holding Tenure | Type of Capital Gain | Applicable Tax Rate |
Listed Domestic Equity Shares | Less than or equal to 12 months | STCG | 15% |
Above 12 months | LTCG | 10% if the amount exceeds Rs.1 lakh within a financial year | |
Unlisted Domestic Equity Shares | Less than or equal to 24 months | STCG | Individual’s applicable income tax rate |
Above 24 months | LTCG | 20% with indexation benefits | |
Foreign Equity Shares | Less than or equal to 24 months | STCG | Individual’s applicable income tax rate |
Above 24 months | LTCG | 20% with indexation benefits |
Debt or fixed-income instruments can either be listed or unlisted. Their applicable capital gains tax rates are:
Debt Instrument Type | Holding Tenure | Type of Capital Gain | Applicable Tax Rate |
Listed Debt Instruments | Less than or equal to 12 months | STCG | Individual’s applicable income tax rate |
Above 12 months | LTCG | 20% with and 10% without indexation benefits | |
Unlisted Debt Instruments | Less than or equal to 3 years | STCG | Individual’s applicable income tax rate |
Above 3 years | LTCG | 20% with indexation benefits |
In case of real estate, the applicable capital gains tax rates are as follows:
Investment Type | Holding Tenure | Type of Capital Gain | Applicable Tax Rate |
Real Estate | Less than or equal to 2 years | STCG | Individual’s applicable income tax rate |
Above 2 years | LTCG | 20% with indexation benefits |
When it comes to investing in gold, individuals prefer Sovereign Gold Bonds (SGBs), gold mutual funds, Gold ETFs and digital gold. They are an attractive alternative to traditional gold investments. Check out their capital gains tax rates in the table below:
Investment Type | Holding Tenure | Type of Capital Gain | Applicable Tax Rate |
Sovereign Gold Bonds (SGBs) | Less than or equal to 3 years | STCG | Individual’s applicable income tax rate |
Above 3 years | LTCG | 20% with indexation benefits | |
Gold Mutual Funds | Less than or equal to 3 years | STCG | Individual’s applicable income tax rate |
Above 3 years | LTCG | 20% with indexation benefits | |
Gold ETFs | Less than or equal to 3 years | STCG | Individual’s applicable income tax rate |
Above 3 years | LTCG | 20% with indexation benefits | |
Digital Gold | Less than or equal to 3 years | STCG | Individual’s applicable income tax rate |
Above 3 years | LTCG | 20% with indexation benefits |
When it comes to mutual funds, they can be divided into equity, debt, equity hybrid, debt hybrid and international funds. Their applicable capital gains tax rates are as follows:
Mutual Fund Type | Holding Tenure | Type of Capital Gain | Applicable Tax Rate |
Equity Mutual Funds | Less than or equal to 12 months | STCG | 15% |
Above 12 months | LTCG | 10% if the amount exceeds Rs.1 lakh within a financial year | |
Debt Mutual Funds | Always Short Term | STCG | Individual’s applicable income tax rate |
Equity Hybrid Funds | Less than or equal to 12 months | STCG | 15% |
Above 12 months | LTCG | 10% if the amount exceeds Rs.1 lakh within a financial year | |
Debt Hybrid Funds | Always Short Term | STCG | Individual’s applicable income tax rate |
International Funds | Less than or equal to 3 years | STCG | Individual’s applicable income tax rate |
Above 3 years | LTCG | 20% with indexation benefits |
Exchange Traded Funds (ETFs) are categorised into index, sectoral, gold and international. Find their capital gains tax rates in the table below:
ETF Type | Holding Tenure | Type of Capital Gain | Applicable Tax Rate |
Index ETFs | Less than or equal to 12 months | STCG | 15% |
Above 12 months | LTCG | 10% if the amount exceeds Rs.1 lakh within a financial year | |
Sectoral ETFs | Less than or equal to 12 months | STCG | 15% |
Above 12 months | LTCG | 10% if the amount exceeds Rs.1 lakh within a financial year | |
Gold ETFs | Less than or equal to 3 years | STCG | Individual’s applicable income tax rate |
Above 3 years | LTCG | 20% with indexation benefits | |
International ETFs | Less than or equal to 3 years | STCG | Individual’s applicable income tax rate |
Above 3 years | LTCG | 20% with indexation benefits |
You can avail tax benefits on capital gains under the following sections of the IT Act:
Under Section 54 of the IT Act, when you sell a residential property and invest the proceeds for buying another house, it is exempt from taxation. However, there are certain conditions. You have to buy the new property within 1 year before the transfer is complete or 2 years after. Moreover, you can avail this benefit if the new residential property’s construction finishes within 36 months from the date of sale of the old one.
If you reinvest the profits from the sale of a long-term asset into securities of the National Highways Authority of India (NHAI) or Rural Electrification Company (REC), it is liable for tax exemption under Section 54EC. But, the reinvestment must take place within 6 months of the sale and a maximum investment upto Rs.50 lakhs only can be made during a financial year.
Investing capital gains in funds specified by the central government can also help you avail tax deductions. You have to complete the investment within 6 months from the sale of your capital asset and the amount must not exceed Rs.50 lakh.
You can read more about such exemptions in our article here
Please note that, as per updates announced in the 2023 Budget speech, all debt mutual fund investments after 1 April 2023 will not receive the tax benefit associated with LTCG. Only short-term capital gains tax will be applicable as per the investor’s applicable tax slab.
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Tax on Long-term Capital Gains on Equity Funds
Capital assets like stocks, bonds, property, etc. generate capital gains upon sale and are liable for capital gains tax. Budget 2024 updates include changes in holding periods and tax rates. There are short-term and long-term capital gains tax, applicable based on asset holding period. Different assets have varied tax rates and exemptions under sections 54, 54EC, and 54EE.