Short-term capital gains or STCG arise when assets are transferred within 24 months (12 months for listed equity shares equity mutual funds). They are taxed at applicable income tax slab rates (20% for listed equity shares and equity mutual funds).
Key Highlights
No indexation benefits are available for STCG.
Capital gain exemptions for STCG is limited.
Except for NRIs, no TDS implications on short-term capital gains.
What is Short-Term Capital Gains(STCG)?
Classification of Capital Gains as short-term and long-term depends on the period of holding. Short-Term Capital Gain (STCG) refers to the profit earned from selling capital assets held for a period within 24 months (or 12 months for listed equity shares and equity-oriented mutual funds). Indexation benefits are not available on sort-term capital gains.
Short-Term Capital Gains Tax Rate
The short-term capital gain tax rate varies depending on the type of asset being sold. The tax rates applicable for different types of assets are as follows:
Other Assets (e.g., Real Estate, Land, Unlisted Shares)Other Assets (e.g., Real Estate, Land, Unlisted Shares)
Taxed at normal income tax slab rates applicable to the taxpayer
Slab rates
What are Short-Term Capital Assets?
Capital Assets are classified as short term or long term based on holding period. The table below shows the holding period for different types of capital assets, which determines whether they are categorized as short-term or long-term.
Asset Type
Period of Holding for Determination of Short Term and Long Term
Listed equity shares
Equity-oriented funds
Units of business trust
Zero Coupon Bond
Up to 12 Months = STCG
More than 12 Months = LTCG
Unlisted Shares
Land or Building
Up to 24 Months = STCG
More than 24 Months = LTCG
Other Assets
Up to 24 Months = STCG
More than 24 Months = LTCG
How to Calculate Short-Term Capital Gain?
The Short-Term Capital Gain can be calculated as follows:
Particulars
Amount
Amount
Full value of consideration
xxx
Less: Expenses incurred wholly and exclusively for such transfer
(xxx)
Net sale consideration
xxx
Less: Cost of acquisition
xxx
Less: Cost of improvement
xxx
Short-term Capital Gains(STCG)
xxx
Less: Exemptions under section 54B/54D
xxx
Short-Term Capital Gains chargeable to tax
xxx
Exemption on Short-Term Capital Gain
STCG exemptions are provided under Section 54B and Section 54D of the Income Tax Act,
Section 54B applies to gains from the sale of agricultural land used for agricultural purposes, provided the proceeds are reinvested in another agricultural land.
Similarly, Section 54D applies to gains from the sale of industrial land or buildings used for industrial purposes, allowing reinvestment in another industrial property to avail of tax exemptions.
These provisions are designed to encourage reinvestment in specific asset categories, thereby minimizing the tax impact on capital gains.
Short-Term Capital Gain Example
Ravi bought a house in 2024 for Rs. 20 lakhs. He sold it in 2025 for Rs. 65,00,000. Calculate the taxable capital gain.
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
Short-term Capital Gains(LTCG)
45,00,000
Less: Exemptions under section 54B/54D
Nil
Short-Term Capital Gains chargeable to tax
45,00,000
Comparison of STCG Tax Rates with Preceding Year
The following table compares tax rate, period of holding, and all the other differences related to short term capital gains:
Specified Mutual Funds (acquired after 1 April 2023)
Always considered capital gains, but STCG or LTCG based on holding period
Always STCG regardless of holding period, taxed at slab rates
Market Linked Debentures (MLDs)
Taxed as STCG irrespective of holding (introduced in Finance Act 2023)
MLI amendment reinforced classification: Always STCG, taxed at slab rates
Definition of Specified Mutual Funds
MF with ≤35% equity exposure under pre-2023 rules
MFs where >65% assets in debt/MMA, or fund-of-funds investing similarly (as per new definition)
STCG Tax Implications on Non-Residents
The benefit of exhaustion of basic exemption limit under section 111A for short term capital gains of listed shares and equity oriented funds are not available to non-residents.
TDS needs to be deducted compulsorily for short-term capital gains earned by the non-resident.
NRIs can claim double taxation benefit, as per applicable DTAAs.
STCG Tax Implications on Specified Assets
Short-Term Capital Gain Tax on Shares
Short-Term Capital Gains occur when shares or assets are held for less than a specified duration, usually less than 12 months.
Listed securities are considered Short-Term Capital Assets if held for less than 12 months.
On the other hand, gains from unlisted equity shares are categorized as Short-Term only if the holding period is less than 24 months.
Short-Term Capital Gain Tax on Property
A short-term capital gain (STCG) arises from selling property held for less than 24 months.
The STCG is taxed at the taxpayer's applicable slab rates, similar to regular income tax rates.
There are no indexation benefits available for STCG on the property.
Short-Term Capital Gain Tax on Specified Mutual Funds
The following are the tax rates for Short-Term Capital Gains on mutual funds:
Units of Specified Mutual Funds will be taxed as Short-Term Capital Gains (STCG) regardless of the holding period.
STCG will be taxed at the slab rates applicable to the taxpayer.
This change will only apply to units acquired after 1st April 2023. Units acquired before 1st April, 2023, will still be taxed as short term and long term based on period of holdings.
Specified Mutual Funds has been defined as those mutual funds:
Whose more than 65% of assets have been invested in debt and money market instruments; and
Whose 65% or more assets are invested in funds mentioned in (1) above.
This change is applicable from FY 2025-26 (AY 2026-27).
Short-Term Capital Gain Tax on Debentures and Bonds
Capital gains arising from transfer of market linked debentures would always be deemed as arising from transfer of Short Term Capital Assets irrespective of the period of holding of such assets.
Capital gains on the sale of unlisted debentures and unlisted bonds shall always be Short-Term
The aforesaid assets are taxable at slab rates, irrespective of the holding period.
Short-Term Capital Gain Tax onULIP and Others
It is proposed to include ULIPs with premiums exceeding 10% of the policy’s sum assured, alongside those with annual premiums above Rs. 2.5 lakh as capital assets, and the income arising from redemption as capital gains.
It is proposed to amend Section 2(14) to clarify that securities held by investment funds under Section 115UB, will be treated as capital assets.
Short-Term Capital Gain on Crypto Assets
Crypto currencies are taxed at 30%, irrespective of period of holding.
Therefore, though you hold the crypto asset for a shorter period, there are no special tax rate or benefits available.
STCG on Gifts or Inherited Assets
On capital gains calculation of gifts and inheritance, the period for which the asset is held by the previous owner is also considered for taxation purposes.
Therefore, usually the occurrence of short term capital gains for inherited assets do not arise.
Anyway, for gifts, short-term capital gains may arise, and previous owners holding period should also be considered to determine whether the asset is short term or long term.
STCG on Depreciable Assets
Capital gains arising on sale of depreciable assets, is always short-term irrrespective of the holding period.
Conclusion
As the landscape of capital gains taxation is ever dynamic, given the market movements and government policies and plans, it is important to stay updated related to recent tax rates for error-free compliance and to avoid adverse consequences.
What is short-term capital gains tax on us stocks?
If you own US stocks for less than 24 months, they qualify as Short-Term Capital Gains and are taxed at your applicable income tax rate based on the chosen tax regime.
How to avoid short term capital gains tax?
Investing for over a year qualifies you for the lower long-term capital gains tax rate, helping you avoid the higher short-term capital gains tax. Alternatively, balancing gains with losses from other investments in the same tax year can also mitigate your tax liability.
How is short-term capital gains taxed in India for NRI?
Short term capital gains taxation for NRIs is similar to residents. For 111A assets, the tax rate is 20%, and for other assets, it is taxed under applicable slab rates.
What is short-term capital gains tax for real estate?
The short-term capital gains (STCG) tax on real estate refers to the tax levied on profits earned from the sale of property held for less than 24 months. The gains are added to the taxpayer's total income and taxed at their applicable slab rates.
What is short-term capital gains tax for crypto?
The tax rate for crypto is 30%, irrespective of its classification.
Are capital gains from Depreciable assets classified into long-term and short-term?
No, capital gains from depreciable assets are always considered as short-term capital gains irrespective of their holding period.
Are capital gains from debt-mutual fund classified into long-term and short-term?
No, capital gains from debt mutual fund purchased on or after 1st April, 2023 will be classified as short-term capital irrespective of the holding period. However, capital gains from debt mutual fund purchased before 1st April, 2023 will be classified into short-term and long-term depending on their holding period.
What is the holding period for asset qualifying as short term?
Yes, the period for listed securities has been kept at 12 months and for other assets at 24 months, to qualify as short term assets.
What happens if I sell property before the 2-year period?
Gains on sale of the property sold within 2 years will be classified under short-term capital gains.
How to report STCG in ITR?
In ITR 2 and ITR 3, you can report short term capital gains under ‘Schedule Capital Gains’.
Do NRIs pay STCG tax on Indian stocks?
Yes, NRIs should pay STCG on Indian stocks, and TDS will be deducted for the same.
About the Author
CA Mohammed S Chokhawala
Content Writer
I'm a chartered accountant, well-versed in the ins and outs of income tax, GST, and keeping the books balanced. Numbers are my thing, I can sift through financial statements and tax codes with the best of them. But there's another side to me – a side that thrives on words, not figures. Read more
Clear offers taxation & financial solutions to individuals, businesses, organizations & chartered accountants in India. Clear serves 1.5+ Million happy customers, 20000+ CAs & tax experts & 10000+ businesses across India.
Efiling Income Tax Returns(ITR) is made easy with Clear platform. Just upload your form 16, claim your deductions and get your acknowledgment number online. You can efile income tax return on your income from salary, house property, capital gains, business & profession and income from other sources. Further you can also file TDS returns, generate Form-16, use our Tax Calculator software, claim HRA, check refund status and generate rent receipts for Income Tax Filing.
CAs, experts and businesses can get GST ready with Clear GST software & certification course. Our GST Software helps CAs, tax experts & business to manage returns & invoices in an easy manner. Our Goods & Services Tax course includes tutorial videos, guides and expert assistance to help you in mastering Goods and Services Tax. Clear can also help you in getting your business registered for Goods & Services Tax Law.
Save taxes with Clear by investing in tax saving mutual funds (ELSS) online. Our experts suggest the best funds and you can get high returns by investing directly or through SIP. Download Black by ClearTax App to file returns from your mobile phone.
Office Address - Defmacro Software Private Limited, C 245A, Ground floor, Room No 1, Vikas Puri, West Delhi, New Delhi, Delhi 110018, India
Cleartax is a product by Defmacro Software Pvt. Ltd.