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Capital Gains Tax India 2025: STCG, LTCG & The Budget 2024 Changes

Budget 2024 made significant changes to capital gains taxation in India that every investor needs to understand. Short-term capital gains on equity were raised from 15% to 20%. Long-term capital gains on equity kept the 10% rate but the exemption limit stayed at ₹1.25 lakh. Property gains moved to a flat 12.5% — but indexation (the inflation adjustment benefit) was removed. Here's the complete picture.

Budget 2024 Changes at a Glance

⚠️ Major Changes from July 23, 2024
  • STCG on listed equity / equity MF: raised from 15% → 20%
  • LTCG on property: removed indexation benefit; flat rate now 12.5%
  • LTCG on equity: rate stayed at 10%, but exemption raised to ₹1.25 lakh
  • Holding period for LTCG on unlisted shares: changed from 36 months to 24 months

Short-Term vs Long-Term: Holding Periods

Asset TypeLTCG ThresholdSTCG RateLTCG Rate
Listed equity shares / Equity MF12 months20%10%*
*exempt up to ₹1.25L per year
Immovable property (land/building)24 monthsSlab rate12.5%
Unlisted shares24 monthsSlab rate12.5%
Debt MF / Bonds (post Apr 2023)N/ASlab rate (always)

4% Health & Education Cess applies on all capital gains tax. Surcharge may apply on high gains.

Worked Example 1 — LTCG on Equity Mutual Funds

Scenario: Invested ₹5,00,000 in equity mutual fund 2 years ago. Current value ₹8,00,000. Gain = ₹3,00,000.

Long-term gain (held 12+ months): ₹3,00,000

Exemption: ₹1,25,000

Taxable LTCG: ₹3,00,000 − ₹1,25,000 = ₹1,75,000

Tax at 10%: ₹17,500

4% Cess: ₹700

Total CGT = ₹18,200

Worked Example 2 — STCG on Stocks

Scenario: Bought shares for ₹2,00,000 in February, sold in August for ₹2,70,000. Held less than 12 months. Gain = ₹70,000.

STCG rate: 20%

Tax: ₹70,000 × 20% = ₹14,000

4% Cess: ₹560

Total CGT = ₹14,560

Note: The ₹1.25L exemption does NOT apply to STCG.

Worked Example 3 — LTCG on Property (Post Budget 2024)

Scenario: Bought flat in 2018 for ₹40,00,000. Sold in 2025 for ₹75,00,000. Held 7 years (qualifies as LTCG).

Pre-Budget 2024 (with indexation):

Cost Inflation Index 2018-19 = 280, 2024-25 = 363.

Indexed cost = ₹40L × (363/280) = ₹51,86,000

LTCG = ₹75L − ₹51.86L = ₹23,14,000. Tax at 20% = ₹4,62,800

Post-Budget 2024 (no indexation, 12.5%):

LTCG = ₹75L − ₹40L = ₹35,00,000. Tax at 12.5% = ₹4,37,500

In this case, new regime saves ₹25,300 — but for properties held very long or with high inflation, old indexation could have been better.

Note: For properties bought before July 23, 2024, a transitional provision allows you to choose between 20% with indexation and 12.5% without, for properties held before that date.

Section 54: LTCG Exemption on Reinvestment

You can avoid LTCG tax on property if you reinvest the gains:

  • Section 54: Reinvest LTCG from one residential property into another residential property (buy 1 year before or 2 years after sale, or construct within 3 years). Max exemption for 2 houses if gain ≤ ₹2 crore (one-time option).
  • Section 54EC: Invest LTCG in specified bonds (NHAI, REC) within 6 months of sale. Max ₹50 lakh per year. Lock-in: 5 years.
  • Section 54F: Reinvest entire sale proceeds (not just gains) from any long-term asset (not property) into a residential house.

Tax-Loss Harvesting in India

Capital losses can be set off against capital gains:

  • Short-term capital loss can be set off against both STCG and LTCG.
  • Long-term capital loss can only be set off against LTCG — not against STCG.
  • Unabsorbed losses can be carried forward for 8 assessment years.

At the end of March each year, many investors book losses strategically to offset gains. If you have LTCG of ₹5L and LTCL of ₹2L, your taxable LTCG is only ₹3L (then apply ₹1.25L exemption → taxable ₹1.75L).

Surcharge on Capital Gains

High gains also attract surcharge. For LTCG under Section 112A (equity) and STCG under Section 111A (equity), the maximum surcharge is capped at 15% — even if your total income is very high. This cap does NOT apply to LTCG on property.

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Frequently Asked Questions

Is the ₹1.25 lakh LTCG exemption per year or per investment?
It's per financial year across all your LTCG from listed equity shares and equity mutual funds. You can spread gains across different stocks/funds, but the total annual exemption is ₹1.25 lakh combined. Strategic "grandfathering" by booking gains at the end of each year to use this exemption is common.
What was the "grandfathering" rule for equity LTCG?
When LTCG tax on equity was introduced in Budget 2018, gains accrued up to January 31, 2018 were grandfathered — treated as cost. Gains accrued after that date are taxed. This was a one-time provision and doesn't apply to new investments made after February 2018.
Do NRIs have different CGT rates?
NRIs face the same rates for listed equity and mutual funds. However, TDS is mandatory for NRIs — buyers of NRI-owned property must deduct TDS at 12.5% (LTCG) or at slab rates (STCG) before payment. NRIs can apply for a lower TDS certificate from the tax department if the actual gain is lower.
Are ELSS mutual fund gains taxable?
Yes. ELSS (Equity Linked Savings Scheme) funds qualify for 80C deduction up to ₹1.5L under the Old Regime, but gains are taxable as LTCG at 10% above ₹1.25L (3-year lock-in means they always qualify as LTCG when redeemed). The 80C benefit is for Old Regime taxpayers only.

Source: Finance Act 2024, Income Tax Department India. Rates applicable from July 23, 2024 (Budget 2024). Not financial advice. Consult a CA for individual circumstances.