Updated on: Apr 25th, 2024
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13 min read
Capital gains are taxed according to the tenure of holding investments. Investment gains are broadly classified into long-term capital gains and short-term capital gains. The taxation of long-term capital gains is divided under two provisions, Section 112 and Section 112A of the Income Tax Act.
Update:
The amendment to Finance Bill 2023 scrapped the indexation benefit for gains from debt mutual funds, and they will be taxed at the investor’s slab rates. Thus, from 1 April 2023, gains from debt mutual funds with up to 35% of the equity exposure will be taxed at the investor’s slab rates and considered short-term capital gains.
In this article, we will learn the tax rates applicable to transferring all long-term capital assets (except capital assets covered under Section 112A).
Section 112 applies to all types of taxpayers, such as individuals, HUFs, companies, firms, residents, non-residents (not companies), and foreign companies.
Section 112 specifies income tax rates on all kinds of long-term capital assets, such as-
This section does not apply to the capital assets covered under Section 112A below-
See the table below to understand how capital assets are classified:
Type of capital asset | Long-term | Short-term |
Equity mutual funds | 12 months and more | Less than 12 months |
Zero-coupon bonds | 12 months and more | Less than 12 months |
Equity shares (listed) | 12 months and more | Less than 12 months |
Equity shares (unlisted) | 24 months and more | Less than 24 months |
Immovable property | 24 months and more | Less than 24 months |
Any other asset | 36 months and more | Less than 36 months |
There taxation rates for various types of long-term capital gains are as follows:
Long-term Asset | Residential Status | Tax rates |
Debt-oriented mutual funds | R and NR | Slab rates (Long-term and short-term taxability as same) |
Listed equity shares and equity-oriented mutual funds (Sec 112A) | R and NR | 10% without indexation on gains in excess of Rs. 1 lakh |
Listed Securities (other than equity shares and equity-oriented mutual funds) such as listed bonds, gold bonds etc., | R and NR | 10% without indexation |
Zero-coupon bonds | R and NR | Tax rate is lower of
|
Unlisted securities or shares | NR | 10% without computation of capital gain in foreign currency and without indexation |
Any other assets such as Immovable Property, shares listed in foreign exchanges, gold/jewellery etc., | R and NR | 20% with indexation |
If the total income of the taxpayer includes income from the transfer of long-term capital assets, then the income tax liability will be calculated as below-
1.Suppose an individual (below 60 years of age) has a total income of Rs 8 lakh in which long-term capital gain on sale of immovable property of Rs 1 lakh is included. So the tax payable by the individual can be calculated as below-
2. Suppose an individual (below 60 years of age) has a total income of Rs 3.5 lakh in which long-term capital gain (mutual funds units) of Rs 3 lakh is included. Here, the normal income (Rs 3.5 lakh – Rs 3 lakh= Rs 50,000) is less than the basic exemption limit (Rs 2.5 lakh). So the tax payable by the individual can be calculated as below-
3. Suppose an individual (below 60 years of age) has a gross total income of Rs 4 lakh in which long term capital gain (mutual funds units) of Rs 3 lakh is included. Chapter VI-A deduction is Rs 1.5 lakh.
Here, the gross total income excluding LTCG is Rs 1 lakh (Rs. 4 lakh – Rs 3 lakh). You can adjust the Chapter VI-A deduction from normal income only, not LTCG. Hence. Your normal income will be Nil after claiming Chapter VI-A deductions. Hence, the total income tax liability will be calculated as under.
Taxpayers must report income from capital gains in ITR-2 and ITR-3 forms. They must report the below details for reporting LTCG under Schedule CG of the ITR:
The LTCG will be automatically computed.
The loss on sale of a long-term capital asset is a Long Term Capital Loss (LTCL) as per Section 112. A taxpayer can set off the LTCL from one capital asset against the LTCG from another capital asset. As per the income tax rules for set off and carry forward of losses, a taxpayer can set off the LTCL against the LTCG only in the current year. However, a taxpayer can carry forward the remaining loss for 8 years and set off only against future LTCG.
Section 112 of the Income Tax Act applies to all long-term capital assets. Different tax rates are defined for long-term capital gains on these assets except those covered under Section 112A.
Section 112A of the Income Tax Act is the overriding section of Section 112. Thus, it applies to long-term capital gains on the sale of specified long-term capital assets, i.e., equity shares, equity mutual funds, and units of business trust on which STT is paid and is listed on a recognised stock exchange in India.
Section 111A of the Income Tax Act applies to short-term capital gains on the sale of equity shares, equity mutual funds, and units of business trust on which STT is paid and is listed on a recognised stock exchange in India.
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Capital gains are taxed based on investment holding period. Long-term capital gains are taxed under Section 112 and 112A. New 2023 amendment affects debt mutual funds gains. Tax rates vary for different assets under Section 112. Taxation examples and rules on calculating tax liability are provided. Set off and carry forward of Long-Term Capital Loss (LTCL) are also explained. Forms for reporting LTCG in the ITR and key differences between Section 112, 112A, and 111A.