DISYTAX
Business & Tax Solutions

Long-Term vs Short-Term Capital Gains: Complete Guide - LTCG & STCG Tax Rates, Holding Period FY 2026-27

The classification of capital gains into Long-Term Capital Gains (LTCG) and Short-Term Capital Gains (STCG) is fundamental to India's capital gains taxation framework, with the holding period of the capital asset being the primary determinant. This distinction has profound implications for tax liability, as LTCG typically enjoys preferential tax rates (generally 12.5% for most assets post-Budget 2024) and exemptions such as ₹1.25 lakh threshold for equity, while STCG is taxed more heavily - either at flat 20% for equity or at applicable income tax slab rates for other assets. The holding period thresholds vary significantly across asset classes: 12 months for listed equity shares and equity mutual funds, 24 months for immovable property (land, building) and unlisted shares, and historically 36 months for other assets like gold, debt funds, and bonds (though recent reforms have standardized many thresholds to 24 months). Union Budget 2024-25 introduced sweeping changes effective 23rd July 2024, including removal of indexation benefits for most assets, increase in STCG rate on equity from 15% to 20%, uniform LTCG rate of 12.5% across asset classes, and enhanced exemption limit of ₹1.25 lakh for equity LTCG (up from ₹1 lakh). Understanding LTCG vs STCG classification is critical for tax planning, investment timing decisions, and optimizing post-tax returns across diverse portfolios containing equity, real estate, mutual funds, bonds, gold, and other capital assets. This comprehensive guide for FY 2026-27 covers all aspects of LTCG and STCG including definitions, asset-wise holding periods, tax rates, exemptions, indexation rules, Budget 2024 changes, calculation methodology, and strategic planning considerations.

What are Capital Gains?

Capital gains arise when a capital asset is transferred (sold, exchanged, relinquished, or extinguished) and the sale consideration exceeds the cost of acquisition. The profit or gain from such transfer is termed "capital gain" and is taxable under the head "Income from Capital Gains" in the year of transfer.

Key Elements of Capital Gains:

  1. Capital Asset: Any property held by the taxpayer (land, building, house, vehicles, jewelry, shares, securities, patents, trademarks, etc.) except:
    • Stock-in-trade (business inventory)
    • Personal effects (except jewelry, archaeological collections, art)
    • Agricultural land in rural areas (certain conditions)
    • Special bearer bonds and gold deposit bonds
  2. Transfer: Sale, exchange, relinquishment, extinguishment of rights, or compulsory acquisition
  3. Consideration: Amount received or receivable for transfer
  4. Cost of Acquisition: Purchase price plus expenses on acquisition and improvement
  5. Capital Gain = Sale Consideration - (Cost of Acquisition + Transfer Expenses)

Classification: Capital gains are classified into two categories based on period of holding of the asset:

  • Long-Term Capital Gains (LTCG): Gains from capital assets held for longer than prescribed threshold
  • Short-Term Capital Gains (STCG): Gains from capital assets held for shorter than or equal to prescribed threshold

What is Holding Period?

The holding period is the duration for which a capital asset is held by the taxpayer from the date of acquisition to the date of transfer. This period determines whether the capital asset is classified as:

  • Short-Term Capital Asset: Held for period equal to or less than prescribed threshold
  • Long-Term Capital Asset: Held for period exceeding prescribed threshold
Holding Period = Date of Transfer - Date of Acquisition

Important Notes:

  • Date of Acquisition: Date when asset was purchased/acquired by taxpayer
  • Date of Transfer: Date of sale deed registration (for property), date of sale contract (for shares), date of transfer of possession
  • Both dates inclusive: Month in which acquired and month in which transferred both counted
  • Inherited Assets: Holding period of previous owner also considered (stepped-up basis)
  • Gifts: Holding period of donor considered in hands of donee

Long-Term Capital Asset (LTCA) - Definition & Holding Periods

A capital asset is classified as Long-Term Capital Asset (LTCA) if it is held for more than the prescribed minimum period. The holding period varies by type of asset.

Holding Period Thresholds for Long-Term Classification

Asset Type Holding Period for LTCA Effective From
Listed Equity Shares (STT paid) More than 12 months Always (unchanged)
Equity-Oriented Mutual Funds (STT paid) More than 12 months Always (unchanged)
Units of Equity-Oriented Funds More than 12 months Always
Zero Coupon Bonds More than 12 months Always
Immovable Property (Land, Building) More than 24 months From 23rd July 2024 (earlier 36 months before this date)
Unlisted Shares More than 24 months From 23rd July 2024 (unchanged)
Unlisted Securities More than 24 months From 23rd July 2024
All Other Capital Assets (Gold, Jewelry, Debt MF, Bonds, etc.) More than 24 months From 23rd July 2024 (earlier 36 months)

Key Simplification (Budget 2024): The holding period for most non-equity assets was reduced from 36 months to 24 months for transfers on or after 23rd July 2024, bringing uniformity across asset classes.

Special Rules for Specific Assets

1. Listed Equity Shares

  • Condition: Must be traded on recognized stock exchange AND Securities Transaction Tax (STT) must be paid
  • Holding Period: More than 12 months
  • Example: Shares purchased on 1st April 2025 and sold on 2nd April 2026 = Long-term (>12 months)
  • If STT not paid: Treated as unlisted shares (24-month threshold)

2. Equity-Oriented Mutual Funds

  • Definition: Mutual fund where at least 65% of assets invested in equity shares of domestic companies
  • Holding Period: More than 12 months
  • STT Requirement: STT must be paid at time of redemption/transfer
  • Includes: Equity mutual funds, ELSS, equity hybrid funds

3. Immovable Property (Land, Building)

  • Post 23rd July 2024: More than 24 months
  • Pre 23rd July 2024: More than 36 months
  • Applies to: Residential property, commercial property, land, plots, apartments
  • Example: Property bought on 1st January 2024 and sold on 2nd January 2026 = Long-term (>24 months post-reform)

4. Unlisted Shares

  • Definition: Shares of companies not listed on recognized stock exchange
  • Holding Period: More than 24 months (consistent before and after 23rd July 2024)
  • Includes: Private company shares, startup equity, unlisted equity

5. Debt Mutual Funds and Bonds

  • Post 23rd July 2024: More than 24 months
  • Pre 23rd July 2024: More than 36 months
  • Debt MF: Mutual funds where less than 65% in equity
  • Bonds: Debentures, government securities, corporate bonds

6. Gold, Jewelry, and Other Movable Assets

  • Post 23rd July 2024: More than 24 months
  • Pre 23rd July 2024: More than 36 months
  • Includes: Gold, silver, jewelry, diamonds, art, antiques, vehicles (non-personal)

Short-Term Capital Asset (STCA) - Definition & Holding Periods

A capital asset is classified as Short-Term Capital Asset (STCA) if it is held for a period equal to or less than the prescribed threshold for long-term classification.

Holding Period for Short-Term Classification

Asset Type Holding Period for STCA
Listed Equity Shares (STT paid) 12 months or less
Equity-Oriented Mutual Funds (STT paid) 12 months or less
Immovable Property (Land, Building) 24 months or less
Unlisted Shares 24 months or less
All Other Assets (Gold, Debt MF, Bonds, etc.) 24 months or less (post 23 July 2024)

Simple Rule: If asset held for period NOT exceeding the long-term threshold, it's short-term.

Tax Rates on Long-Term Capital Gains (LTCG)

LTCG enjoys preferential tax treatment compared to STCG, with specific rates and exemptions depending on the type of asset.

LTCG Tax Rates for FY 2026-27 (AY 2027-28)

Asset Type LTCG Tax Rate Exemption/Threshold Indexation Benefit
Listed Equity Shares (STT paid) 12.5% First ₹1.25 lakh exempt (Section 112A) No
Equity-Oriented Mutual Funds (STT paid) 12.5% First ₹1.25 lakh exempt (Section 112A) No
Immovable Property (acquired on/after 23 July 2024) 12.5% No exemption; Section 54/54F available No
Immovable Property (acquired before 23 July 2024) 12.5% without indexation OR 20% with indexation (taxpayer's choice) Section 54/54F exemptions available Yes (if 20% option chosen)
Unlisted Shares 12.5% No threshold exemption No (removed from 23 July 2024)
Debt Mutual Funds 12.5% No exemption No
Gold, Jewelry, Bonds 12.5% Section 54EC for bonds No
All Other Long-Term Assets 12.5% Varies by asset type No (general rule post-Budget 2024)

Uniform Rate: Budget 2024 introduced a uniform 12.5% LTCG tax rate for most assets (replacing earlier varied rates of 10%, 20%, etc.).

Special LTCG Provisions

1. Section 112A - Equity LTCG (>12 months)

Applicability: Listed equity shares and equity mutual funds held for more than 12 months where STT is paid.

Tax Treatment:

  • Exemption: First ₹1.25 lakh of LTCG per financial year is exempt
  • Tax Rate: LTCG exceeding ₹1.25 lakh taxed at 12.5%
  • No Indexation: Indexation benefit not available
  • Effective from: Budget 2024 (earlier threshold was ₹1 lakh)

Example:

  • LTCG from equity shares: ₹3,00,000
  • Exempt: ₹1,25,000
  • Taxable: ₹1,75,000
  • Tax: ₹1,75,000 × 12.5% = ₹21,875

2. Property LTCG - Dual Option (Pre-23 July 2024 Acquisitions)

For property acquired before 23rd July 2024:

Option 1: 12.5% without indexation

  • Use actual purchase price
  • No inflation adjustment
  • Simpler calculation

Option 2: 20% with indexation

  • Adjust purchase price using Cost Inflation Index (CII)
  • Reduces taxable gain significantly for long-held assets
  • Complex calculation

Taxpayer can choose the option resulting in lower tax.

For property acquired on/after 23rd July 2024:

  • Only 12.5% without indexation available
  • No option for 20% with indexation

3. Section 54EC - LTCG Bonds Exemption

Exemption: LTCG from transfer of land/building can be exempt up to ₹50 lakhs if invested in specified bonds (REC/NHAI) within 6 months.

  • Lock-in: 5 years
  • Annual Limit: ₹50 lakhs per financial year
  • Interest: Taxable

Learn more: Section 54EC Guide

Tax Rates on Short-Term Capital Gains (STCG)

STCG is generally taxed at higher rates than LTCG, either at flat rates or at applicable income tax slab rates depending on the asset type.

STCG Tax Rates for FY 2026-27 (AY 2027-28)

Asset Type STCG Tax Rate Applicable Section
Listed Equity Shares (STT paid) 20% (flat rate) Section 111A
Equity-Oriented Mutual Funds (STT paid) 20% (flat rate) Section 111A
Equity Shares without STT As per income tax slab rates Normal provisions
Immovable Property (Land, Building) As per income tax slab rates Normal provisions
Unlisted Shares As per income tax slab rates Normal provisions
Debt Mutual Funds As per income tax slab rates Normal provisions
Gold, Jewelry, Bonds As per income tax slab rates Normal provisions
All Other Short-Term Assets As per income tax slab rates Normal provisions

Key Change (Budget 2024): STCG rate on equity increased from 15% to 20% effective from 23rd July 2024.

Special STCG Provisions

Section 111A - Equity STCG (≤12 months)

Applicability: Listed equity shares and equity mutual funds held for 12 months or less where STT is paid.

Tax Treatment:

  • Tax Rate: Flat 20% (increased from 15% vide Budget 2024)
  • No Slab Rate Application: Taxed at 20% regardless of taxpayer's income slab
  • No Exemption Threshold: All STCG fully taxable (no ₹1.25 lakh exemption like LTCG)
  • Effective from: 23rd July 2024

Example:

  • STCG from equity shares: ₹2,00,000
  • Tax: ₹2,00,000 × 20% = ₹40,000
  • Plus applicable surcharge and cess

Learn more: Section 111A Guide

STCG at Slab Rates

For all other short-term assets (property, unlisted shares, gold, debt funds, etc.):

  • STCG added to total income
  • Taxed at applicable income tax slab rates
  • No special rate or exemption
  • Subject to surcharge and cess as applicable

Income Tax Slabs (FY 2026-27): Check Old vs New Tax Regime for applicable slab rates.

Example:

  • Individual in 30% tax bracket
  • STCG from property sale: ₹5,00,000
  • Tax: ₹5,00,000 × 30% = ₹1,50,000
  • Plus 4% cess = ₹1,50,000 + ₹6,000 = ₹1,56,000

Budget 2024 Changes - Effective 23rd July 2024

Union Budget 2024-25 introduced significant reforms to capital gains taxation effective from 23rd July 2024:

Major Changes Introduced

1. Holding Period Rationalization
  • Reduced from 36 months to 24 months for:
    • Immovable property (land, building)
    • Gold, jewelry, and precious metals
    • Debt mutual funds
    • Bonds and debentures
    • All other unlisted securities
  • Unchanged at 12 months for listed equity and equity mutual funds
  • Benefit: Assets become long-term faster, qualifying for lower LTCG rates sooner
2. Uniform LTCG Tax Rate
  • 12.5% flat rate for all long-term capital assets (replacing varied rates of 10%, 20%, etc.)
  • Simplification: Single rate across asset classes
  • Equity: Retained at 12.5% (earlier 10% under Section 112A)
  • Property, Unlisted Shares: Reduced from 20% to 12.5%
3. Indexation Benefit Removed
  • No indexation for assets transferred on/after 23rd July 2024
  • Exception: Property acquired before 23rd July 2024 can still choose between:
    • 12.5% without indexation, OR
    • 20% with indexation (whichever is lower)
  • Impact: Higher taxable gains for long-held assets, but offset by lower 12.5% rate
4. STCG Rate Increase on Equity
  • Increased from 15% to 20% for listed equity and equity mutual funds (Section 111A)
  • Applicable: All equity STCG from 23rd July 2024
  • Impact: Higher tax on short-term equity trading
5. Enhanced LTCG Exemption for Equity
  • Increased from ₹1 lakh to ₹1.25 lakh per financial year
  • Benefit: Small investors with modest equity gains get full exemption
  • Section 112A exemption threshold
6. Cost Inflation Index (CII) Fixed
  • CII for FY 2024-25 fixed at 363 for properties acquired before 23rd July 2024 where taxpayer opts for 20% with indexation
  • CII to be notified annually for future years

Comparison: LTCG vs STCG

Aspect Long-Term Capital Gains (LTCG) Short-Term Capital Gains (STCG)
Holding Period More than prescribed threshold (12/24 months) Equal to or less than prescribed threshold
Tax Rate (Equity) 12.5% above ₹1.25 lakh (Section 112A) 20% (Section 111A)
Tax Rate (Property) 12.5% or 20% (with indexation for pre-July 2024) Slab rates (up to 30% + cess)
Tax Rate (Other Assets) 12.5% (uniform) Slab rates
Exemption (Equity) ₹1.25 lakh per FY exempt No exemption
Indexation No (except property bought before 23 July 2024) No
Preferential Treatment Yes - lower rates, exemptions No - higher rates
Section 54/54F Exemptions Available for property gains Not available
Set-off Against Losses Can be set off against LTCL only Can be set off against STCL and LTCL
Carry Forward 8 years 8 years

Asset-Wise Detailed Breakdown

1. Listed Equity Shares

Classification:

  • Short-Term: Held for 12 months or less
  • Long-Term: Held for more than 12 months
  • Condition: Must be listed on recognized stock exchange AND STT paid

Tax Rates:

  • STCG: 20% (Section 111A)
  • LTCG: 12.5% on gains above ₹1.25 lakh (Section 112A)

Example:

  • Purchased shares: 1st June 2025 at ₹50,000
  • Sold shares: 15th July 2026 at ₹80,000
  • Holding period: >12 months = Long-term
  • LTCG: ₹30,000
  • Exempt: ₹30,000 (within ₹1.25 lakh limit)
  • Tax: Nil

No Exemptions:

2. Equity-Oriented Mutual Funds

Definition: Mutual fund investing at least 65% in equity shares of domestic companies.

Classification:

  • Short-Term: Held for 12 months or less
  • Long-Term: Held for more than 12 months

Tax Rates:

  • STCG: 20%
  • LTCG: 12.5% on gains above ₹1.25 lakh

Example:

  • Invested in equity MF: ₹1,00,000 on 1st March 2025
  • Redeemed: ₹1,50,000 on 1st February 2026
  • Holding: 11 months = Short-term
  • STCG: ₹50,000
  • Tax: ₹50,000 × 20% = ₹10,000

3. Residential Property / Immovable Property

Classification:

  • Short-Term: Held for 24 months or less
  • Long-Term: Held for more than 24 months

Tax Rates:

  • STCG: As per income tax slab rates
  • LTCG:
    • Property acquired on/after 23 July 2024: 12.5% without indexation
    • Property acquired before 23 July 2024: 12.5% without indexation OR 20% with indexation (taxpayer's choice)

Exemptions Available:

  • Section 54: Reinvest in residential property
  • Section 54F: For non-residential property, invest in residential property
  • Section 54EC: Invest in specified bonds (up to ₹50 lakhs)

Example (Long-Term):

  • Property purchased: 1st January 2022 at ₹50 lakhs
  • Property sold: 1st March 2026 at ₹1 crore
  • Holding: >24 months = Long-term
  • Indexed cost (using CII): ₹65 lakhs
  • LTCG: ₹1 cr - ₹65L = ₹35 lakhs
  • Option 1: 12.5% on (₹1 cr - ₹50L) = ₹50L × 12.5% = ₹6.25 lakhs
  • Option 2: 20% on ₹35L = ₹7 lakhs
  • Choose Option 1 (lower tax)

Example (Short-Term):

  • Property purchased: 1st January 2025 at ₹80 lakhs
  • Property sold: 1st December 2026 at ₹95 lakhs
  • Holding: 23 months = Short-term
  • STCG: ₹15 lakhs
  • Tax (30% slab): ₹15L × 30% = ₹4.5 lakhs + cess

4. Unlisted Shares

Classification:

  • Short-Term: Held for 24 months or less
  • Long-Term: Held for more than 24 months

Tax Rates:

  • STCG: As per income tax slab rates
  • LTCG: 12.5% (without indexation from 23 July 2024)

Example:

  • Purchased unlisted shares: 1st June 2023 at ₹10 lakhs
  • Sold: 1st August 2025 at ₹18 lakhs
  • Holding: >24 months = Long-term
  • LTCG: ₹8 lakhs
  • Tax: ₹8L × 12.5% = ₹1 lakh

5. Debt Mutual Funds

Definition: Mutual funds investing less than 65% in equity (majority in debt instruments).

Classification:

  • Short-Term: Held for 24 months or less (changed from 36 months)
  • Long-Term: Held for more than 24 months

Tax Rates:

  • STCG: As per slab rates
  • LTCG: 12.5% (no indexation)

6. Gold, Jewelry, Precious Metals

Classification:

  • Short-Term: Held for 24 months or less (changed from 36 months post-Budget 2024)
  • Long-Term: Held for more than 24 months

Tax Rates:

  • STCG: As per slab rates
  • LTCG: 12.5%

Example:

  • Gold purchased: 1st January 2023 at ₹5 lakhs
  • Sold: 1st March 2026 at ₹8 lakhs
  • Holding: >24 months = Long-term
  • LTCG: ₹3 lakhs
  • Tax: ₹3L × 12.5% = ₹37,500

Capital Gains Exemptions

Various exemptions are available for long-term capital gains under specific conditions:

Major Capital Gains Exemptions

Section Asset Transferred Exemption Condition Maximum Limit
Section 54 Residential house property Invest in another residential property ₹10 crores
Section 54F Any long-term asset (except residential property) Invest net consideration in residential property ₹10 crores
Section 54EC Land or building Invest in specified bonds (REC/NHAI) ₹50 lakhs per FY
Section 54B Urban agricultural land Purchase agricultural land No limit
Section 54GB Residential property Invest in eligible startup equity ₹10 crores

Important: These exemptions are NOT available for:

  • Short-term capital gains
  • Equity shares and equity mutual funds gains
  • Debt instruments

CGAS Facility: If unable to invest before ITR due date, can deposit gains in Capital Gains Account Scheme (CGAS) to secure exemption.

Set-off and Carry Forward of Capital Losses

Rules for Adjusting Capital Losses

1. Short-Term Capital Loss (STCL)

  • Can be set off against both STCG and LTCG
  • If not fully adjusted, carry forward for 8 assessment years
  • Condition: Must file ITR on time to carry forward

2. Long-Term Capital Loss (LTCL)

  • Can be set off against LTCG only
  • CANNOT be set off against STCG
  • Carry forward for 8 years
  • Condition: Timely ITR filing mandatory

3. Capital Losses vs Other Income Heads

  • Cannot set off capital losses against salary, house property, business income, or other sources
  • Capital losses remain within capital gains head only

Example:

  • LTCG from property: ₹5 lakhs
  • STCL from equity: ₹2 lakhs
  • Net LTCG: ₹5L - ₹2L = ₹3 lakhs
  • Tax: ₹3L × 12.5% = ₹37,500

Advance Tax and TDS on Capital Gains

Advance Tax on Capital Gains

Capital gains are subject to advance tax provisions if total tax liability exceeds ₹10,000.

Installments:

  • 15th June: 15% of estimated tax
  • 15th September: 45% of estimated tax
  • 15th December: 75% of estimated tax
  • 15th March: 100% of estimated tax

Special Rule for Capital Gains:

  • If capital gains arise after 15th March, advance tax can be paid before 31st March
  • No interest for non-payment of advance tax on such gains

TDS on Property Sale

Section 194IA: Buyer must deduct TDS @ 1% on property sale consideration if value exceeds ₹50 lakhs.

  • Applicable: Immovable property (land, building)
  • Rate: 1% of sale consideration
  • Deposit: Within 30 days
  • Form: Form 26QB

Seller can claim credit of TDS deducted while computing capital gains tax liability.

Reporting Capital Gains in ITR

Capital gains must be reported in Schedule CG (Capital Gains) of Income Tax Return.

ITR Forms for Capital Gains

  • ITR-2: For individuals/HUFs having capital gains (most common)
  • ITR-3: For individuals/HUFs with business income AND capital gains
  • ITR-5: For firms, LLPs, AOPs with capital gains
  • ITR-6: For companies with capital gains

Cannot use ITR-1 (Sahaj) or ITR-4 (Sugam) if you have capital gains income.

Details to Report:

  • Description of asset
  • Date of acquisition and transfer
  • Sale consideration and cost of acquisition
  • Expenses on transfer
  • Indexed cost (if applicable)
  • Capital gains computed
  • Exemptions claimed (Section 54/54F/54EC)
  • CGAS deposit details if applicable

Check ITR due dates for timely filing.

Strategic Tax Planning for Capital Gains

Tips to Minimize Capital Gains Tax

1. Timing of Sale
  • Hold beyond threshold: Delay sale by few days/months to qualify for LTCG rates
  • Example: Equity held for 11 months (STCG 20%) vs 13 months (LTCG 12.5% above ₹1.25L)
  • Significant tax savings for marginal holding periods
2. Utilize ₹1.25 Lakh Exemption
  • Plan equity sales to stay within ₹1.25 lakh LTCG exemption annually
  • Spread sales across multiple financial years
  • Example: ₹3 lakh gain - sell ₹1.25L in FY 2026-27 and ₹1.75L in FY 2027-28
3. Set-off Losses
  • Harvest capital losses to offset gains
  • Sell loss-making investments before year-end
  • STCL can offset both STCG and LTCG
4. Property Exemptions
5. Gift to Family Members
  • Gift assets to spouse/family (in lower tax bracket) before sale
  • Caution: Clubbing provisions may apply in certain cases
  • Holding period of donor carries forward to donee
6. Indexation Choice for Pre-2024 Property
  • For property bought before 23 July 2024, compare both options
  • 12.5% without indexation vs 20% with indexation
  • Choose lower tax option
7. Portfolio Rebalancing
  • Rebalance within ₹1.25 lakh LTCG exemption limit
  • Exit and re-enter positions tax-efficiently
  • Use SWP (Systematic Withdrawal Plan) for mutual funds
8. Year-End Planning
  • Review portfolio gains/losses in February-March
  • Execute tax-loss harvesting
  • Plan advance tax payments

Frequently Asked Questions (FAQs)

Q1: What is the difference between long-term and short-term capital gains?
Long-Term Capital Gains (LTCG): Gains from capital assets held for MORE than prescribed period (12 months for equity, 24 months for property/other assets). Taxed at preferential rates (generally 12.5%). Short-Term Capital Gains (STCG): Gains from assets held for prescribed period or LESS. Taxed at higher rates (20% for equity, slab rates for others). LTCG enjoys exemptions like ₹1.25 lakh for equity; STCG has no exemptions. Learn more: Capital Gains Guide
Q2: What is the holding period for equity shares to be considered long-term?
For listed equity shares (where STT is paid), holding period is more than 12 months for long-term classification. Shares held for 12 months or less are short-term. Example: Purchased 1st June 2025, sold 2nd June 2026 = Long-term (>12 months). For unlisted shares, holding period is more than 24 months. Check Section 112A for equity LTCG taxation.
Q3: What are the LTCG and STCG tax rates for FY 2026-27?
Equity (Listed): STCG 20% (Section 111A), LTCG 12.5% above ₹1.25L (Section 112A). Property: STCG at slab rates, LTCG 12.5% or 20% with indexation (for pre-July 2024 property). Other Assets: STCG at slab rates, LTCG 12.5%. Budget 2024 unified LTCG rate to 12.5% for most assets, increased equity STCG from 15% to 20%, enhanced LTCG exemption from ₹1L to ₹1.25L.
Q4: What changes did Budget 2024 bring to capital gains taxation?
Major changes effective 23rd July 2024: (1) Holding period reduced from 36 to 24 months for property, gold, debt funds. (2) Uniform LTCG rate of 12.5% for all assets. (3) Indexation removed for most assets (except pre-July 2024 property where 20% with indexation option available). (4) Equity STCG increased from 15% to 20%. (5) LTCG exemption for equity increased from ₹1L to ₹1.25L. Read: Budget Guide
Q5: Is indexation benefit available for capital gains?
Post-Budget 2024: Indexation benefit removed for most assets transferred on/after 23rd July 2024. Exception: Immovable property acquired BEFORE 23rd July 2024 - taxpayer can choose between (1) 12.5% without indexation OR (2) 20% with indexation benefit (whichever results in lower tax). For property acquired on/after 23rd July 2024, only 12.5% without indexation available. No indexation for equity, unlisted shares, gold, debt funds post-reforms.
Q6: What is the ₹1.25 lakh exemption for equity LTCG?
Under Section 112A, LTCG on listed equity shares and equity mutual funds (held >12 months with STT paid) up to ₹1.25 lakh per financial year is completely exempt from tax. Only gains exceeding ₹1.25L are taxed at 12.5%. Example: Total equity LTCG ₹2 lakhs → ₹1.25L exempt, ₹75,000 × 12.5% = ₹9,375 tax. This threshold increased from ₹1 lakh via Budget 2024.
Q7: Can I get exemption on property capital gains?
Yes, several exemptions available for long-term property gains: (1) Section 54: Reinvest in residential property (₹10 crore limit). (2) Section 54F: For non-residential asset sale, invest net consideration in residential property (₹10 crore limit). (3) Section 54EC: Invest in REC/NHAI bonds within 6 months (₹50L limit). (4) Use CGAS if investment delayed. No exemptions for short-term property gains or equity gains.
Q8: How are mutual fund capital gains taxed?
Equity-Oriented Mutual Funds (≥65% equity): STCG (≤12 months) 20%, LTCG (>12 months) 12.5% above ₹1.25L. Debt/Hybrid Funds (<65% equity): STCG (≤24 months) at slab rates, LTCG (>24 months) 12.5%. STT must be paid. Tax rates same as equity shares for equity MFs. Holding period changed from 36 to 24 months for debt funds post-Budget 2024. Check Section 112A and 111A.
Q9: Can capital losses be set off against capital gains?
Yes. Short-Term Capital Loss (STCL): Can be set off against BOTH STCG and LTCG. Long-Term Capital Loss (LTCL): Can be set off against LTCG ONLY (not against STCG). Unutilized losses can be carried forward for 8 years if ITR filed on time. Cannot set off capital losses against salary, house property, business, or other sources income. Capital losses remain within capital gains head only.
Q10: Which ITR form to use for reporting capital gains?
ITR-2: Most common for individuals/HUFs with capital gains (no business income). ITR-3: For individuals/HUFs with business income AND capital gains. Report in Schedule CG (Capital Gains) with details of asset, dates, sale price, cost, expenses, exemptions claimed, CGAS deposits. Cannot use ITR-1 or ITR-4 if you have capital gains. File before ITR due date.

Key Takeaways FY 2026-27

  • Classification based on holding period: LTCG (held longer) vs STCG (held shorter)
  • Holding periods: 12 months for equity, 24 months for property/unlisted/other assets (post-Budget 2024 simplification)
  • LTCG preferential rates: 12.5% uniform for most assets; ₹1.25L exemption for equity
  • STCG higher rates: 20% for equity (increased from 15%), slab rates for others
  • Budget 2024 reforms: Uniform 12.5% LTCG, 24-month holding period standardization, indexation removed (except pre-July 2024 property)
  • Equity gains: STCG 20%, LTCG 12.5% above ₹1.25L (Section 112A, 111A)
  • Property gains: STCG at slab rates, LTCG 12.5% or 20% with indexation (pre-July 2024 acquisitions)
  • Exemptions available: Section 54, 54F, 54EC for LTCG on property
  • No exemptions for equity LTCG (except ₹1.25L threshold), STCG, debt instruments
  • Loss set-off: STCL against both STCG & LTCG; LTCL against LTCG only; carry forward 8 years
  • Indexation removed for most assets post 23 July 2024; property bought before that date has choice
  • CII FY 2024-25: 363 (for pre-July 2024 property with indexation option)
  • Advance tax applicable on capital gains if total tax liability >₹10,000
  • TDS 1% on property sale consideration >₹50L (Section 194IA)
  • Report in ITR-2 Schedule CG; cannot use ITR-1/ITR-4 with capital gains
  • CGAS facility to secure exemptions if investment delayed
  • Tax planning: Hold beyond threshold, utilize ₹1.25L exemption, harvest losses, plan property exemptions

Conclusion

The distinction between Long-Term and Short-Term Capital Gains represents a fundamental pillar of India's income tax system, designed to incentivize long-term investment while ensuring appropriate taxation of speculative short-term trading. The holding period classification - 12 months for listed equity and equity mutual funds, 24 months for immovable property and most other assets post-Budget 2024 reforms - creates clear thresholds that profoundly impact tax liability through differential rates, exemptions, and indexation (where applicable). Understanding these thresholds and their implications is not merely an academic exercise but a critical component of effective tax planning that can translate into substantial tax savings for investors across all asset classes.

Union Budget 2024-25's comprehensive reforms to capital gains taxation, effective from 23rd July 2024, represent the most significant overhaul in decades. The simplification of holding periods from the earlier complex matrix (12/24/36 months varying by asset) to a streamlined structure (12 months for equity, 24 months for others) removes ambiguity and enhances compliance. The introduction of a uniform 12.5% LTCG rate across asset classes - replacing the earlier patchwork of 10%, 20%, and varied rates - brings welcome consistency, though the simultaneous removal of indexation benefits for most assets represents a trade-off that impacts long-term holders of non-equity assets. The grandfathering provision allowing pre-23rd July 2024 property owners to choose between 12.5% without indexation or 20% with indexation demonstrates policy pragmatism, protecting taxpayers from retrospective disadvantage.

The increase in equity STCG rate from 15% to 20% (under Section 111A) marks a significant deterrent to short-term equity trading, nudging investors toward longer holding periods that qualify for the preferential 12.5% LTCG rate under Section 112A. The concurrent enhancement of the equity LTCG exemption threshold from ₹1 lakh to ₹1.25 lakh provides relief to small and retail investors, ensuring that modest gains from long-term equity investments remain completely tax-free. This delicate balancing act - increasing STCG rates while enhancing LTCG exemptions - reflects policy intent to channel household savings into long-term equity participation that supports capital formation and economic growth.

The continued availability of exemptions under Sections 54, 54F, and 54EC for long-term property gains - with enhanced limits of ₹10 crores for residential property exemptions and ₹50 lakhs for specified bonds - ensures that taxpayers realizing gains from property sales for genuine residential needs or infrastructure investment can secure significant tax relief. The Capital Gains Account Scheme (CGAS) facility addresses the practical challenge of timing gaps between asset sale and qualifying investment, allowing taxpayers to secure exemption claims while conducting unhurried searches for suitable reinvestment opportunities.

For taxpayers navigating the LTCG vs STCG landscape in FY 2026-27, strategic planning requires holistic consideration of multiple factors: asset type, anticipated holding period, expected appreciation trajectory, tax bracket, availability of exemptions, and portfolio-level capital loss harvesting opportunities. The simple act of holding an equity position for 13 months instead of 11 months transforms tax liability from 20% STCG (Section 111A) to 12.5% LTCG (Section 112A) - potentially saving 7.5 percentage points on the entire gain. For a ₹10 lakh gain, this timing decision alone determines whether tax is ₹2 lakhs or potentially nil (within ₹1.25 lakh exemption) to ₹1.09 lakhs (on ₹8.75 lakh excess) - a difference of approximately ₹91,000 to ₹2 lakhs depending on total annual equity LTCG.

Similarly, for immovable property transactions, understanding the pre/post 23rd July 2024 acquisition date distinction and exercising the indexation choice judiciously can yield tax savings in lakhs. A property acquired in 2010 for ₹50 lakhs and sold in 2026 for ₹2 crores exemplifies this: without indexation, taxable gain is ₹1.5 crores (tax @ 12.5% = ₹18.75 lakhs); with indexation adjusting 2010 cost to approximately ₹1.3 crores using CII, taxable gain reduces to ₹70 lakhs (tax @ 20% = ₹14 lakhs). Choosing the 20% with indexation option saves ₹4.75 lakhs - a substantial amount justifying the modest effort of indexation computation.

The set-off and carry-forward provisions for capital losses present sophisticated tax optimization opportunities. Short-term capital losses function as universal offsets within the capital gains universe, adjustable against both STCG and LTCG, while long-term capital losses can only offset LTCG. Strategic realization of losses through tax-loss harvesting - systematically booking capital losses on underperforming investments before year-end to offset realized gains - transforms portfolio losses from mere disappointments into valuable tax shields. The eight-year carry-forward window provides extended flexibility, though the strict requirement of filing ITR on time to preserve this benefit underscores the importance of disciplined compliance.

From a compliance perspective, accurate reporting of capital gains in ITR-2 (or appropriate ITR form) Schedule CG demands meticulous record-keeping: purchase dates, sale dates, transaction values, brokerage/expenses, indexed costs where applicable, exemptions claimed, and CGAS deposits. The inability to use simplified ITR-1 Sahaj or ITR-4 Sugam forms when capital gains exist necessitates higher compliance rigor, and the advance tax obligations on capital gains (with special provisions for gains arising after 15th March) require proactive tax payment planning to avoid interest charges under Sections 234B and 234C.

The TDS mechanism under Section 194IA (1% on property sale consideration exceeding ₹50 lakhs) creates a withholding tax collection point that sellers must factor into liquidity planning and claim as credit against final tax liability. For high-value property transactions, this TDS can amount to lakhs, temporarily tying up substantial funds until ITR processing and refund realization - a cash flow consideration particularly relevant for sellers planning immediate reinvestment under Section 54/54F exemptions.

Looking ahead, the capital gains taxation framework will likely continue evolving in response to fiscal needs, equity market dynamics, real estate market conditions, and policy objectives around investment promotion versus revenue mobilization. Potential future reforms could include further rationalization of holding periods, adjustments to exemption thresholds in line with inflation, modifications to loss set-off rules, and enhanced digital integration between demat accounts, mutual fund registrars, property registrars, and the income tax department for pre-filled capital gains schedules reducing compliance burden.

For taxpayers, mastering the LTCG vs STCG distinction and its tax implications represents foundational financial literacy essential for investment success. Whether you're a salaried professional building equity portfolio for retirement, an entrepreneur holding unlisted startup equity, a property investor managing real estate holdings, or a trader active in equity markets, understanding how holding periods determine tax classification and consequently tax liability empowers better investment decisions. The difference between selling an equity position at 11 months versus 13 months, holding property for 23 months versus 25 months, or structuring property sales to qualify for Section 54/54F exemptions versus accepting full taxation - these seemingly minor timing and structuring decisions aggregate across a lifetime of investing into substantial wealth differences.

In conclusion, the LTCG vs STCG framework embodies a carefully calibrated policy balancing multiple objectives: incentivizing patient capital formation over speculative trading, mobilizing tax revenue from investment gains while providing relief to small investors, simplifying compliance through standardized thresholds and rates, and offering targeted exemptions for socially desirable investments like residential property and infrastructure bonds. Navigating this framework successfully requires staying current with budget amendments, understanding asset-specific rules, maintaining comprehensive records, engaging professional tax advice for complex scenarios, and integrating tax considerations seamlessly into investment strategy - not as an afterthought but as a core determinant of post-tax returns. As capital gains become an increasingly significant income source for India's growing investor class, mastering the long-term versus short-term distinction evolves from technical knowledge into essential wealth management capability that separates financially sophisticated investors from those who inadvertently surrender substantial portions of their gains to avoidable taxes.

Realized Capital Gains? Need Tax Planning Guidance? Consult qualified Chartered Accountants for optimal holding period strategies, exemption planning, and loss harvesting. Explore our guides on Capital Gains Tax, Section 112A (Equity LTCG), Section 111A (Equity STCG), Section 54 (Property Exemptions), and CGAS for comprehensive capital gains tax planning.

🚀 Popular Services

🏢 Business Registration

Start your business legally

View All Registrations

Need Expert Help?

We're here to assist you with

Free Tax Consultation
Available 24/7 • Quick Response