₹ TaxSetu 2025
Head #4 of 5

Capital Gains Tax on Shares, Property & Gold (2026-27)

Profit from selling an asset is a capital gain. The charging section moved from Sec 45 → Sec 67. Since Budget 2024 there are only two holding periods to remember.

Long-Term vs Short-Term — Just 2 Rules

AssetShort-term if soldLong-term fromSTCG rateLTCG rate
Listed shares / equity MF< 12 months≥ 12 months20%12.5% (above ₹1.25L/year exemption)
Property (land/building)< 24 months≥ 24 monthsSlab rate12.5% (no indexation)*
Gold, unlisted shares, debt MF< 24 months≥ 24 monthsSlab rate12.5% (no indexation)
Crypto / VDA— (holding irrelevant)——Flat 30% always

*For property bought before 23 July 2024, resident individuals/HUFs may choose the lower of 12.5% without indexation or 20% with indexation.

Example — Profit on shares — Sahil's case (Section 112A logic)
Sahil bought shares worth ₹1,00,000 in March 2025 and sold them in Nov 2026 (20 months later) for ₹1,80,000.
• Holding ≥ 12 months → LTCG of ₹80,000
• The first ₹1,25,000 of equity LTCG in a year is exempt → tax = ₹0

Next year (TY 2027-28) his equity LTCG is ₹3,00,000 → tax on (3,00,000 − 1,25,000) × 12.5% = ₹21,875 + cess.

Had he sold within 8 months → STCG ₹80,000 @ 20% = ₹16,000 + cess. Holding period = money saved.
Example — Selling property — the Guptas' flat
Mr. Gupta bought a flat in 2019 for ₹50,00,000 and sold it in Dec 2026 for ₹90,00,000 (24+ months → LTCG).
• Gain = ₹40,00,000
• Current rule: 12.5% without indexation = ₹5,00,000 + cess
• Because it was a pre-23-7-24 purchase, the option exists: 20% with indexation — indexed cost ≈ ₹50L × (CII factor ~1.4) ≈ ₹70L → gain ₹20L × 20% = ₹4,00,000 ✔lower!
Resident individuals may compute both and pick the lower number (have your CA verify indexation — the CII table updates every year).

Set-off Rules (Adjusting Losses)

  • Short-term loss → offsets both STCG and LTCG
  • Long-term loss → offsets only LTCG
  • Capital losses can never offset salary or business income
  • Unabsorbed losses carry forward 8 years (only if the ITR was filed on time)
  • Crypto (VDA) loss → offsets against nothing, and doesn't carry forward either

Sec 54-type Exemptions (Save by Reinvesting)

LTCG from selling a residential property can be exempt if it's reinvested in another residential property within the timelines (purchase within 2 years / construct within 3, ₹10 crore cap). These provisions carry over into the new Act unchanged in substance.

Remember: the ₹1.25L annual equity-LTCG exemption resets every Tax Year — that's why investors practise 'tax harvesting' (booking some profit between December–March and repurchasing). It's legal; just factor in STT and brokerage.
Our take ✍️
Post-Budget-2024, the ₹1.25L yearly LTCG exemption is the best freebie in the tax code — harvest it every single March (sell, book gains, rebuy). Investors who do this annually save lakhs over a decade. Investors who don't... fund the ones who do.
⚖️ Legal footing: 45 + 48 + 111A/112
Capital gains run on three sections: Sec 45 (charging — transfer triggers tax), Sec 48 (computation — full value minus cost), and the rate sections — 111A @20% for listed-equity STCG, 112 @12.5% for LTCG with the ₹1.25L yearly cushion (post-Budget-2024). Holding periods: 12 months (listed equity) / 24 months (property, gold, debt funds).

By TaxSetu Editorial Team · Last reviewed: 7 October 2026

Based on the Income-tax Act 2025, Income Tax Rules 2026 and CBDT notifications; sections per the Income-tax Act 1961 (as amended) with 2025-Act mappings where notified · Verify on the official portal: incometax.gov.in

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