Any profit/gains arising from the transfer of capital assets such as property, shares, bonds, etc., are subject to income tax under the head "Income from Capital Gains."
Long Term Capital Gains (LTCG) arise from sale of capital assets like stocks, properties etc., held for a period of more than 24 months (12 months in case of listed shared and equity funds). The tax rate on Long Term Capital Gains is 12.5% for all capital assets. However, for listed equity shares, equity-oriented funds, and units of business trusts, the LTCG exceeding Rs. 1.25 lakh will be taxed flat at 12.5%.
Read this article to learn more about Long-Term Capital Gains and their taxability.
The Long-Term Capital Gains taxation is divided into two sections: Section 112 and Section 112A.
Section 112A applies in the case of the following assets:
Section 112 applies to all other cases of Long-Term Capital Gains not covered under Section 112A.
The following tax rates are applicable to long-term capital gains:
Assets Sold | Long Term Capital Gain (LTCG) Tax Rate | |
Sold before 23rd July, 2024 | Sold on or After 23rd July, 2024 | |
Listed Equity Shares Equity-Oriented Mutual Funds Units of Business Trust | 10% Without Indexation | 12.5% Without Indexation |
Land and Building | 20% With Indexation | 12.5% Without Indexation (Option to Individuals and HUF - 20% with indexation or 12.5% without indexation) |
Other Capital Assets | 20% With Indexation | 12.5% Without Indexation |
To calculate the long-term capital gains accurately, follow the steps mentioned below:
Step 1: Determine the Full value of consideration
The total amount received from the transfer of capital assets. It includes the monetary payment received or fair market value in certain specified circumstances.
Step 2: Determine the Net value of Consideration
The net value of consideration is determined by deducting expenses related to transfer such as commission, brokerage, etc.
Step 3: Calculate the Cost of Acquisition
The purchase price of the asset is to be determined, and in the case of assets which get indexation benefits (like immovable property), we have to adjust the cost of acquisition using the Cost Inflation Index, which the government notifies every year. Indexation benefit has been removed for transfer made after 23rd July, 2024.
The formula for calculating the indexed cost of acquisition is:
Indexed cost of acquisition = Cost of acquisition x (CII of the year of transfer / CII of the year of acquisition)
Note: The benefit of indexation is available only for individuals and HUF on sale of land and building.
Step 4: Deduct exemptions under section 54/54B/54D/54EC/54F
Certain types of long-term capital gains may be eligible for exemptions under specific conditions (e.g., reinvestment in certain assets like residential property).
Step 5: Long-Term Capital Gains chargeable to tax
The long-term capital gains chargeable to tax formula is:
LTCG chargeable to tax = Net sale consideration - Cost of Acquisition - Cost of Improvement - Exemptions under Section 54/54B/54D/54EC/54F.
Step 6: Long Term Capital Gains Tax
12.5% tax rate is applied on LTCG amount chargeable to tax. If the indexation benefit is applied, 20% tax rate is applied. If listed equity shares, equity oriented mutual funds are sold, Rs. 1.25 lakhs exemption can be applied.
For Sale Before 23rd July 2024
Particulars | Amount | Amount |
Full value of consideration | xxx | |
Less:Transfer expenses | (xxx) | |
Net sale consideration | xxx | |
Less: Indexed cost of acquisition | (xxx) | |
Less: Indexed cost of improvement | (xxx) | |
Long-term Capital Gains(LTCG) | xxx | |
Less: Exemptions under section 54/54B/54D/54EC/54F | (xxx) | |
Long-Term Capital Gains chargeable to tax | xxx | |
Long Term Capital Gains Tax (as per applicable rates) |
For Sale On or After 23rd July 2024
The computation of long-term capital gain can be best understood through the following table:
Particulars | Amount | Amount |
Full value of consideration | xxx | |
Less: Transfer expenses | (xxx) | |
Net sale consideration | xxx | |
Less: Cost of acquisition * | (xxx) | |
Less: Cost of improvement * | (xxx) | |
Long-term Capital Gains(LTCG) | xxx | |
Less: Exemptions under section 54/54B/54D/54EC/54F | (xxx) | |
Long-Term Capital Gains chargeable to tax | xxx | |
Long Term Capital Gains Tax (as per applicable rates) |
* Indexation benefit removed for sale made from 23rd July, 2024 - but made available only for land and building by resident individuals and HUF.
One of the popular exemptions is investment in notified bonds under Section 54EC. This exemption is available on Long Term Capital Gain on any asset.
John bought a house in 2005 for Rs. 20 lakhs. He sold it in August 2024 for Rs. 65 lakhs. Now he has an option of choosing the tax rate of 12.5% without indexation or 20% with indexation. The Cost Inflation Index (CII) for 2005-06 is 117 and for 2024-25 is 363.
The Long-Term Capital Gains will be calculated as follows:
Particulars | Amount | Amount |
Full value of consideration | 65,00,000 | |
Less: Expenses incurred wholly and exclusively for such transfer | Nil | |
Net sale consideration | 65,00,000 | |
Less: Indexed cost of acquisition(20,00,000 * 363/117) | 62,05,128 | |
Less: Indexed cost of improvement | NIL | |
Long-term Capital Gains(LTCG) | 2,94,872 | |
Less: Exemptions under section 54/54B/54D/54EC/54F | NIL | |
Long-term capital gains chargeable to tax | 2,94,872 |
As indexation benefit has been considered in the above example, the tax on said transfer will be applicable at the rate of 20%.
John bought a house in 2005 for Rs. 20 lakhs. He sold it in August 2024 for Rs. 65 lakhs. The Long-Term Capital Gains without indexation will be calculated as follows:
Particulars | Amount | Amount |
Full value of consideration | 65,00,000 | |
Less: Expenses incurred wholly and exclusively for such transfer | Nil | |
Net sale consideration | 65,00,000 | |
Less: Cost of acquisition | 20,00,000 | |
Less: Cost of improvement | NIL | |
Long-term Capital Gains(LTCG) | 45,00,000 | |
Less: Exemptions under section 54/54B/54D/54EC/54F | NIL | |
Long-term capital gains chargeable to tax | 45,00,000 |
Since the indexation benefit has not been availed, the capital gain of Rs. 45,00,000 will be taxed at 12.5%.
The exemption on Long-Term Capital Gains (LTCG) can be claimed under the following Sections:
Exemption Section | Capital Asset Sold | Capital Asset Purchased | Maximum amount of Exemption |
Section 54 - | Residential Property | Residential Property | Rs. 10 crores |
Section 112A | Listed equity shares, equity oriented funds, units of business trust | Not Applicable | RS. 1.25 lakhs |
Section 54EC | Immovable property (Land and Buildings) |
| Rs. 50 lakhs |
Section 54F | Any capital asset other than residential property | Residential Property | Exemption calculated on proportionate basis |
The details of capital gains during the year are to be filled in the Schedule CG of Part A of Form ITR-2. The total amount of capital gains shall be filled in the Part B - Total income which will be auto-populated from the details you filled in the other schedules.
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