Capital Gains Tax 2026: STCG & LTCG Rates — The Ultimate Guide for Indian Investors

Capital Gains Tax 2026

Whether you sold shares on the stock exchange, redeemed a mutual fund, sold a flat, or liquidated gold — you triggered a Capital Gains Tax (CGT) event. Capital gains tax is one of the most misunderstood yet most impactful taxes for Indian investors. Get it wrong and you pay more than required; understand it well and you can legally save a significant portion of your profits.

 

The landscape of capital gains tax changed dramatically with Budget 2024, and further nuances apply heading into 2026. This exhaustive guide covers every asset class, holding period, tax rate, exemption, and strategy you need to minimise your capital gains tax burden in FY 2025-26 and FY 2026-27.

 

1. What is Capital Gains Tax?

Capital Gains Tax is a tax levied on the profit (gain) arising from the sale or transfer of a capital asset. It is governed by Sections 45 to 55A of the Income Tax Act, 1961. When you sell any asset — shares, property, gold, bonds, mutual funds, or even cryptocurrency — and earn a profit over your cost of acquisition, that profit is termed a ‘Capital Gain’ and is subject to tax.

 

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

 

  • Short-Term Capital Gains (STCG) — Asset sold before the specified holding period
  • Long-Term Capital Gains (LTCG) — Asset held for longer than the specified period

 

💡 Key Principle:

 

The longer you hold an asset, the lower the tax rate — encouraging long-term wealth creation. LTCG rates are always equal to or lower than STCG rates for the same asset class.

 

2. Capital Gains Tax — Major Changes After Budget 2024

The Union Budget 2024, presented on July 23, 2024, introduced sweeping changes to the capital gains tax structure effective from July 23, 2024. These are the most significant CGT revisions in over a decade, and all investors must understand them:

 

Change

Pre-Budget 2024

Post-Budget 2024 (Effective 23 Jul 2024)

STCG on Listed Equity / Equity MF

15%

20%

LTCG on Listed Equity / Equity MF

10% (above ₹1 lakh)

12.5% (above ₹1.25 lakh)

LTCG Exemption Limit (Equity)

₹1,00,000

₹1,25,000

STCG on Debt MF / Other Assets

Slab rates

Slab rates (unchanged)

LTCG on Debt MF

20% with indexation

Slab rates (no indexation) — post Apr 2023 purchases

LTCG on Property / Physical Gold

20% with indexation

12.5% WITHOUT indexation (or 20% with, for pre-Jul 2024 assets — grandfathered)

Holding Period — Listed Equity

12 months

12 months (unchanged)

Holding Period — Real Estate / Gold

24 months for property, 36 for gold

24 months (property), 24 months (gold) — gold changed from 36 to 24 months

 

⚠️ Critical Update for 2026:

 

The removal of indexation benefit on real estate and gold (for purchases post-July 23, 2024) is the single most controversial change. For properties purchased before July 23, 2024, taxpayers have a CHOICE: pay 12.5% without indexation OR 20% with indexation — whichever is lower. Properties bought after July 23, 2024 mandatorily pay 12.5% without indexation.

 

3. Holding Period: STCG vs LTCG for Each Asset Class

The classification of a gain as STCG or LTCG hinges entirely on the holding period. Different asset classes have different thresholds:

 

Asset Class

Holding Period for LTCG

Short-Term (STCG) If Held Less Than

Listed Equity Shares

More than 12 months

12 months or less

Equity-Oriented Mutual Funds

More than 12 months

12 months or less

Unlisted Shares

More than 24 months

24 months or less

Debt Mutual Funds (post Apr 2023)

Always STCG (taxed at slab)

Not applicable

Real Estate / Immovable Property

More than 24 months

24 months or less

Physical Gold / Gold ETF / Sovereign Gold Bond*

More than 24 months (changed from 36)

24 months or less

Bonds / Debentures (listed)

More than 12 months

12 months or less

Bonds / Debentures (unlisted)

More than 36 months

36 months or less

Cryptocurrency / VDA

Always at special rates (30% flat)

Not applicable (no LTCG benefit)

 

* Sovereign Gold Bond (SGB) redemption on maturity is FULLY EXEMPT from capital gains tax. Only premature redemption or secondary market sale attracts CGT.

 

4. STCG Tax Rates 2026 — Asset-Wise Breakdown

Short-Term Capital Gains are generally taxed at higher rates or at normal slab rates. Here is the complete picture for FY 2025-26 and FY 2026-27:

 

Asset Type

STCG Tax Rate

Applicable Section

Surcharge / Cess

Listed Equity Shares (STT paid)

20%

Section 111A

4% Health & Education Cess

Equity-Oriented Mutual Funds (STT paid)

20%

Section 111A

4% Cess

Real Estate (held < 24 months)

As per slab rate

Normal provisions

As applicable

Physical Gold (held < 24 months)

As per slab rate

Normal provisions

As applicable

Debt Mutual Funds

As per slab rate

Normal provisions

As applicable

Unlisted Shares (held < 24 months)

As per slab rate

Normal provisions

As applicable

Cryptocurrency / VDA

30% flat

Section 115BBH

4% Cess + surcharge

Foreign Equity / ETFs

As per slab rate

Normal provisions

As applicable

Bonds & Debentures (listed, < 12 months)

As per slab rate

Normal provisions

As applicable

 

💡 Important:

 

STCG under Section 111A (equity/equity MF) is taxed at a flat 20% REGARDLESS of your income tax slab. Even if you are in the 30% bracket, STCG from equity is taxed at only 20% (plus cess). The final effective rate = 20% + 4% cess = 20.8%.

 

5. LTCG Tax Rates 2026 — Asset-Wise Breakdown

Long-Term Capital Gains benefit from lower tax rates and, in certain cases, exemptions. Here are the rates applicable from Budget 2024 onwards:

 

Asset Type

LTCG Tax Rate

Indexation?

Section

Exemption / Notes

Listed Equity Shares (STT paid)

12.5%

No

Section 112A

₹1,25,000 annual exemption

Equity-Oriented Mutual Funds

12.5%

No

Section 112A

₹1,25,000 annual exemption

Real Estate (pre-Jul 23, 2024 purchase)

12.5% without indexation OR 20% with — lower of two

Optional

Section 112

Grandfathered choice

Real Estate (post-Jul 23, 2024 purchase)

12.5%

No

Section 112

No indexation allowed

Physical Gold (post-Jul 23, 2024)

12.5%

No

Section 112

Holding period now 24 months

Sovereign Gold Bonds (SGB) — maturity

0% — FULLY EXEMPT

N/A

Section 10(15)

Only on RBI redemption at maturity

Unlisted Shares / Private Equity

12.5%

No

Section 112

No indexation from Budget 2024

Debt Mutual Funds (post Apr 1, 2023)

As per slab (no LTCG benefit)

No

Finance Act 2023

Most impactful change of 2023

Listed Bonds / Debentures

12.5%

No

Section 112

No indexation

Unlisted Bonds / Debentures

12.5%

No

Section 112

Held > 36 months

Cryptocurrency / VDA

30% (always)

No

Section 115BBH

No LTCG benefit — flat 30%

 

6. The ₹1.25 Lakh LTCG Exemption on Equity — Complete Guide

One of the most valuable tax benefits for equity investors is the annual LTCG exemption under Section 112A. Here is everything you need to know:

 

How It Works:

  • Long-term capital gains on listed equity shares and equity-oriented mutual funds up to ₹1,25,000 per financial year are COMPLETELY TAX-FREE
  • Gains above ₹1,25,000 are taxed at 12.5% (no indexation, no benefit of slab rates)
  • The exemption applies PER PERSON, so a couple can together benefit from ₹2,50,000 in tax-free LTCG
  • This exemption is ONLY for Section 112A assets — it does NOT apply to real estate, gold, or debt

 

Calculation Example:

Investor: Anjali, FY 2025-26

Purchased 500 shares of Infosys at ₹1,400 each (Jan 2024) = ₹7,00,000

Sold 500 shares at ₹1,900 each (Feb 2026) = ₹9,50,000

Holding period: 25 months → LTCG

Gross LTCG = ₹9,50,000 – ₹7,00,000 = ₹2,50,000

Exempt under Section 112A = ₹1,25,000

Taxable LTCG = ₹2,50,000 – ₹1,25,000 = ₹1,25,000

Tax payable = 12.5% of ₹1,25,000 = ₹15,625 + 4% cess = ₹16,250

 

Without the exemption: 12.5% of ₹2,50,000 = ₹31,250 + cess = ₹32,500. Saving: ₹16,250!

 

Tax Harvesting Strategy Using ₹1.25 Lakh Exemption:

‘Tax harvesting’ or ‘LTCG harvesting’ is a powerful strategy where you sell and repurchase equity investments every year to book up to ₹1,25,000 in gains tax-free and reset your cost basis. This effectively allows long-term investors to reduce future tax liability.

 

  • Sell equity/MF units to book gains up to ₹1,25,000 before March 31 each year
  • Repurchase the same or similar units immediately after
  • No capital gains tax is triggered on ₹1,25,000; cost basis is reset to higher price
  • Over 10 years, this can save lakhs in taxes — making it one of the smartest legal tax-saving moves

 

7. Capital Gains Tax on Real Estate in 2026

Real estate has historically been one of the most common sources of capital gains for Indians. The Budget 2024 changes significantly altered the tax treatment, especially for new buyers.

 

STCG on Property (Held < 24 Months):

  • Taxed at the individual’s applicable slab rate (can be up to 30% + surcharge + cess)
  • No exemptions available; added to total income and taxed normally
  • Even high-value properties are taxed at slab — no flat rate benefit

 

LTCG on Property (Held > 24 Months):

Scenario

Tax Rate

Indexation

Notes

Property purchased BEFORE July 23, 2024 — sold in 2026

12.5% without indexation OR 20% with indexation — taxpayer chooses lower

Optional (grandfathered)

Beneficial choice — calculate both

Property purchased ON or AFTER July 23, 2024

12.5%

NOT available

No choice — flat rate only

NRI selling property in India

TDS at 12.5% (LTCG) or slab rate (STCG) applies at source

As above

Form 13 for lower TDS certificate

 

Exemptions to Reduce Property LTCG:

Section

Exemption

Condition

Reinvestment Requirement

Section 54

LTCG from residential property

Sell one residential property, buy another

Buy 1 house within 2 years or construct within 3 years

Section 54F

LTCG from any asset (not residential house)

Net consideration reinvested in residential house

Must not own more than 1 house at time of sale

Section 54EC

LTCG from any long-term asset

Invest in notified bonds (NHAI, REC, PFC)

Max ₹50 lakh; invest within 6 months; lock-in 5 years

Section 54B

LTCG from agricultural land

Invest in agricultural land

Reinvest within 2 years; farmer must have used land for agriculture

 

Power of Section 54 — Example:

 

Rohit sold his flat (held for 5 years, purchased before Jul 2024) for ₹1.5 crore. Cost (with indexation) = ₹90 lakh. LTCG = ₹60 lakh. Tax at 20% with indexation = ₹12 lakh.

 

He buys a new residential flat for ₹65 lakh (within 2 years). Under Section 54, the entire ₹60 lakh LTCG is exempt. Tax saved: ₹12 lakh!

 

8. Capital Gains Tax on Mutual Funds in 2026

Mutual funds are the most popular investment vehicle in India, with over 5 crore unique investors. Understanding CGT on MFs is critical for every investor:

 

Mutual Fund Type

Holding Period for LTCG

STCG Rate

LTCG Rate

Indexation

Equity MF (> 65% equity)

12 months

20% (Sec 111A)

12.5% + ₹1.25L exemption (Sec 112A)

No

Hybrid Equity MF (> 65% equity)

12 months

20%

12.5%

No

Debt MF (purchased on/after Apr 1, 2023)

N/A — always STCG

Slab rate

Slab rate (no LTCG benefit)

No

Debt MF (purchased before Apr 1, 2023)

36 months

Slab rate

12.5% without indexation (Budget 2024 change)

No

Arbitrage Funds (STT paid > 65% equity)

12 months

20%

12.5%

No

Fund of Funds (domestic)

24 months

Slab rate

12.5%

No

International / Overseas ETFs

24 months

Slab rate

12.5%

No

Gold ETF / Silver ETF

24 months (changed from 36)

Slab rate

12.5%

No

 

9. Capital Gains Tax on Gold in 2026

Gold is deeply embedded in Indian culture and investing. Here is how different forms of gold are taxed in 2026:

 

Gold Type

STCG (< 24 months)

LTCG (> 24 months)

Special Notes

Physical Gold (jewellery, coins, bars)

Slab rate

12.5% (no indexation from Budget 2024)

Holding period reduced to 24 months

Gold ETF

Slab rate

12.5%

Same as physical gold post-Budget 2024

Gold Mutual Fund (FoF)

Slab rate

12.5%

24-month holding period

Sovereign Gold Bond (RBI) — held to maturity

FULLY EXEMPT

FULLY EXEMPT

No CGT at all on redemption — best gold investment for tax efficiency

SGB sold in secondary market before maturity

Slab rate (< 12 months on secondary market)

12.5% (> 12 months)

Taxed like listed bonds

Digital Gold (apps)

Slab rate

12.5%

Treated like physical gold

 

10. Cryptocurrency & Virtual Digital Assets (VDA) — CGT 2026

Cryptocurrency and other Virtual Digital Assets (VDAs) are governed by a unique, harsh tax framework introduced in Budget 2022 (Section 115BBH). There is NO distinction between STCG and LTCG for crypto — all gains are taxed at 30%.

 

Aspect

Rule for Cryptocurrency / VDA (2026)

Tax Rate on Gains

Flat 30% on all gains (no STCG/LTCG differentiation)

Deduction Allowed

ONLY cost of acquisition — NO other deductions (no expenses, no platform fees)

Loss Set-Off

Crypto losses CANNOT be set off against any other income — not even other crypto gains from different coins

Loss Carry Forward

Not allowed under Section 115BBH

TDS on Sale

1% TDS under Section 194S on payments exceeding ₹10,000 (₹50,000 for specified persons)

Gifting Crypto

Recipient taxed at 30% on market value at time of receipt as ‘income from other sources’

NFTs

Taxed same as other VDAs at 30%

Effective Tax Rate

30% + 4% cess = 31.2% (+ surcharge for high income)

 

⚠️ Crypto Tax Warning:

 

India’s crypto taxation at 30% is among the highest in the world. There is NO benefit of holding longer — whether you hold Bitcoin for 1 month or 10 years, the tax is the same flat 30%. Crypto losses from one coin CANNOT offset gains from another — each transaction is taxed independently if profitable.

 

11. Capital Gains Tax for NRIs in 2026

Non-Resident Indians (NRIs) are subject to capital gains tax in India on capital assets located in India. Key distinctions:

 

TDS on Capital Gains for NRIs:

  • Buyers of property from NRIs must deduct TDS at 12.5% on LTCG (20% if indexation is chosen) or at slab rates for STCG
  • NRIs can apply for Form 13 from the Income Tax department to obtain a lower TDS certificate if actual tax liability is lower
  • TDS on sale of listed shares: 12.5% (LTCG) or 20% (STCG)

 

DTAA (Double Tax Avoidance Agreement) Benefits:

  • India has DTAA with over 90 countries — NRIs can claim treaty benefits to reduce or avoid double taxation
  • Capital gains from sale of shares/property may be taxable ONLY in the country of residence under certain DTAAs
  • Mauritius, Singapore, Netherlands routes have different provisions — consult a tax expert

 

Special Provisions for NRI Investments (FEMA + Income Tax):

  • NRIs investing through NRE accounts: Repatriation of sale proceeds is generally allowed freely
  • Equity investments through Portfolio Investment Scheme (PIS): Subject to normal CGT rules
  • Property sold by NRI: TDS must be deducted before payment; buyer is responsible

 

12. Set-Off and Carry Forward of Capital Losses

Not every investment generates a profit. When you incur capital losses, the Income Tax Act provides rules for set-off and carry forward:

 

Loss Type

Can Be Set Off Against

Carry Forward Period

Condition

Short-Term Capital Loss (STCL)

Both STCG and LTCG from any asset

8 Assessment Years

File ITR on time

Long-Term Capital Loss (LTCL)

Only LTCG (cannot set off against STCG)

8 Assessment Years

File ITR on time

Loss from Crypto/VDA

CANNOT be set off against any income or other VDA gains

Not allowed

Section 115BBH is absolute

Equity LTCL (Section 112A)

Can now be set off against LTCG after Budget 2018

8 Assessment Years

Post-Jan 31, 2018 cost basis

Business Loss

Cannot be set off against Capital Gains

8 years (against business income only)

Different head of income

 

Loss Harvesting Strategy:

 

If you have realised STCG from equity of ₹3,00,000 in FY 2025-26, intentionally selling loss-making equity investments to book ₹3,00,000 in STCL can offset the gains entirely — reducing your tax from ₹62,400 to ZERO. Immediately buy back the same or similar stocks to maintain your portfolio allocation.

 

13. Cost of Acquisition: Grandfathering & Indexed Cost

Grandfathering for Equity (Section 112A):

For equity shares/units acquired before January 31, 2018, a special grandfathering provision applies. The cost of acquisition is the HIGHER of:

  • Actual cost of purchase, OR
  • Fair Market Value (FMV) as on January 31, 2018 (based on highest traded price on that date)

 

This effectively means all gains accrued up to January 31, 2018 are exempt — only appreciation post that date is taxed.

 

Cost Inflation Index (CII) for Indexation (where applicable):

Indexation adjusts the purchase price of an asset for inflation, reducing the taxable capital gain. The Central Government notifies the Cost Inflation Index (CII) every year. For FY 2024-25, CII = 363. CII for FY 2025-26 will be announced before July 2025.

 

Indexed Cost = (Cost of Acquisition x CII of Year of Sale) / CII of Year of Purchase

 

Indexation Example (Pre-Jul 2024 Property):

 

Property purchased in FY 2014-15 for ₹40,00,000 (CII = 240). Sold in FY 2025-26 (CII = 363 approx).

Indexed Cost = ₹40,00,000 x 363 / 240 = ₹60,50,000

Sale price = ₹80,00,000

LTCG with indexation = ₹80L – ₹60.5L = ₹19.5L; Tax at 20% = ₹3,90,000

LTCG without indexation = ₹80L – ₹40L = ₹40L; Tax at 12.5% = ₹5,00,000

 

Choose 20% with indexation = ₹3,90,000. Saving over 12.5% option: ₹1,10,000!

 

14. Capital Gains and Income Tax Slabs: Interaction

A commonly misunderstood area: how do capital gains interact with your income tax slab?

 

For STCG under Section 111A (Equity) and LTCG under Section 112A:

  • These are charged at SPECIAL FLAT RATES — completely independent of slab
  • Even a person earning ₹60 lakh salary pays only 20% on equity STCG and 12.5% on equity LTCG
  • However, surcharge and cess still apply, which vary by income

 

For STCG / LTCG at Slab Rates (property, debt, etc.):

  • Added to total income; taxed as per the progressive tax slab
  • Can push you into a higher tax bracket if the gain is large
  • Basic exemption limit (₹3 lakh in new regime for FY 2026-27) is available

 

Surcharge on Capital Gains — Critical Point:

The surcharge on LTCG under Section 112A and STCG under Section 111A is CAPPED at 15%, regardless of your income level. This is a major relief for high-income investors — without this cap, the effective rate on high earners (surcharge of 25% or 37%) would have been significantly higher.

 

15. Capital Gains Tax — Filing in ITR

Which ITR Form to Use?

  • ITR-1 (Sahaj): NOT applicable if you have capital gains — even small equity gains
  • ITR-2: For individuals/HUFs with capital gains (no business income)
  • ITR-3: For individuals with capital gains AND business/professional income

 

Schedules to Fill in ITR:

  • Schedule CG: Capital Gains — separate tabs for STCG (111A, 112, 112A) and LTCG
  • Schedule CYLA: Current Year Loss Adjustment
  • Schedule BFLA: Brought Forward Loss Adjustment
  • Schedule CFL: Carry Forward of Losses
  • Schedule SI: Special Rate Income (shows tax at special rates)

 

Advance Tax on Capital Gains:

  • If total tax liability exceeds ₹10,000, advance tax must be paid in instalments
  • For STCG/LTCG arising in Q4 (Jan-Mar), entire tax can be paid by March 15
  • For capital gains from securities transaction, STT is deducted at source but tax must still be paid

 

Important Due Dates (FY 2025-26 / AY 2026-27):

Event

Due Date

Advance Tax Instalment 1 (15% of tax)

June 15, 2025

Advance Tax Instalment 2 (45% cumulative)

September 15, 2025

Advance Tax Instalment 3 (75% cumulative)

December 15, 2025

Advance Tax Instalment 4 (100%)

March 15, 2026

ITR Filing (Non-Audit Cases)

July 31, 2026

ITR Filing (Audit Cases)

October 31, 2026

Belated / Revised ITR

December 31, 2026

 

16. Capital Gains: 10 Power Strategies to Minimise Tax in 2026

Strategy 1: LTCG Harvesting — Book ₹1.25 Lakh Annually

Every March, sell equity holdings with LTCG up to ₹1.25 lakh and repurchase immediately. This resets your cost base and keeps cumulative future gains lower. Saves up to ₹15,625 + cess per year.

 

Strategy 2: Loss Harvesting to Offset Gains

Sell loss-making investments before March 31 to book capital losses. These offset your STCG or LTCG, reducing tax liability to zero or near-zero. Repurchase after the wash-sale period.

 

Strategy 3: Use Section 54EC Bonds (₹50 Lakh Limit)

Invest up to ₹50 lakh in NHAI/REC/PFC bonds within 6 months of the sale of a long-term asset to defer/exempt LTCG. Lock-in is 5 years but interest (currently ~5-5.5%) is earned. Ideal for property sellers.

 

Strategy 4: Hold Equity for 12+ Months

Moving from STCG (20%) to LTCG (12.5%) saves 7.5 percentage points on equity gains. On a ₹10 lakh gain, this saves ₹75,000. Simply holding for a few extra weeks beyond 12 months can result in massive tax savings.

 

Strategy 5: Invest in Sovereign Gold Bonds for Zero CGT

SGBs earn 2.5% annual interest (taxable) AND the capital appreciation on redemption at maturity is COMPLETELY EXEMPT from capital gains tax. For gold investors, SGBs are vastly superior to physical gold or Gold ETFs from a tax perspective.

 

Strategy 6: Stagger Property Sales Across Years

If you have multiple properties to sell, stagger the sales over 2-3 financial years. This ensures your total income (including capital gains) stays at a lower average rate and avoids surcharge triggers.

 

Strategy 7: Joint Ownership for Property

Selling jointly owned property allows both owners to claim exemptions under Section 54 independently. A couple can each buy a residential house using their respective share of LTCG, doubling the exemption.

 

Strategy 8: Capital Gains Account Scheme (CGAS)

If you cannot reinvest LTCG from property before the ITR filing date, deposit the amount in a Capital Gains Account Scheme (CGAS) at a bank. This preserves the exemption claim under Section 54/54F/54EC without actually reinvesting by year-end.

 

Strategy 9: Gift Assets to a Family Member in Lower Tax Bracket

Gifting appreciated assets to a spouse, parent, or adult child in a lower tax bracket can shift the capital gains to a taxpayer with lower liability. Note: Clubbing provisions apply for spouse and minor children — always consult a CA.

 

Strategy 10: Avoid Unnecessary Short-Term Churn in Portfolio

Frequent trading in equity triggers STCG at 20% and also attracts STT, brokerage, and SEBI charges. A buy-and-hold strategy for at least 12 months reduces your effective tax from 20.8% to 13% (12.5% + cess) while also compounding returns more efficiently.

 

17. FAQs on Capital Gains Tax 2026

Q1. Is there any capital gains tax on EPF/PPF withdrawals?

No. EPF and PPF withdrawals are exempt from capital gains tax. PPF maturity is completely tax-free under Section 10(11). EPF withdrawals after 5 years of continuous service are also exempt.

 

Q2. How are bonus shares and rights shares taxed?

Bonus shares have zero cost of acquisition. When sold after 12 months, the entire sale price (minus zero cost) is LTCG taxable at 12.5%. For STCG (held < 12 months), the entire proceeds are taxable at 20%. Rights shares are treated normally with the price paid as cost.

 

Q3. What happens when an inherited property is sold?

The cost of acquisition for an inherited property is the cost at which the PREVIOUS OWNER acquired it (or FMV on April 1, 2001 if acquired before that). The holding period INCLUDES the deceased owner’s period of holding. So even if you received the property last year, if the original owner held it for 25 years, it qualifies as LTCG.

 

Q4. Are ELSS (tax-saving mutual fund) redemptions taxable?

Yes. ELSS funds have a 3-year lock-in. Since 3 years exceeds the 12-month LTCG threshold for equity MFs, all ELSS redemptions are treated as LTCG. The ₹1.25 lakh annual exemption applies, and gains above that are taxed at 12.5%.

 

Q5. Is capital gains tax applicable on sale of foreign stocks/ETFs?

Yes. Gains from foreign stocks/ETFs are taxable in India for resident Indians. They are treated as non-equity investments (since foreign equities are not equity-oriented under Indian tax law), so LTCG (> 24 months) is taxed at 12.5% without indexation, and STCG at slab rates.

 

Q6. Is STT paid deductible from capital gains?

No. Securities Transaction Tax (STT) is NOT deductible from capital gains. However, it IS deductible as a business expense if you are treated as a trader (business income) rather than an investor (capital gains). The classification depends on frequency, intent, and volume of transactions.

 

Q7. What is the tax on sale of agricultural land?

Agricultural land in India is NOT a ‘capital asset’ if it is situated in a rural area (as defined). Sale of rural agricultural land is completely EXEMPT from capital gains tax. However, urban agricultural land IS a capital asset and CGT applies normally.

 

18. Conclusion: Navigating Capital Gains Tax in 2026

The capital gains tax landscape in India in 2026 is markedly different from even 5 years ago. Budget 2024’s changes — higher STCG rate on equity, lower LTCG rate on equity, removal of indexation on most assets, and the revision of holding periods for gold — demand that every investor stay updated and proactive.

 

The single most powerful principle remains: TIME IN THE MARKET. Holding assets beyond the LTCG threshold, harvesting gains and losses at year-end, using reinvestment exemptions, and choosing tax-efficient instruments like SGBs and ELSS can together save you lakhs every year — completely legally.

 

Always work with a qualified Chartered Accountant for complex situations involving multiple asset classes, NRI status, inherited property, or high-value transactions. The penalty for wrong classification or missed filing can far exceed the tax itself.

 

Quick Reference: Capital Gains Tax 2026 Cheat Sheet

 

•       Equity STCG: 20% | Equity LTCG: 12.5% (exempt up to ₹1.25L) | Section 111A / 112A

•       Property LTCG: 12.5% (no indexation, post Jul 2024) or 20% with indexation (pre Jul 2024) | Section 112

•       Debt MF (post Apr 2023): Always taxed at slab — no LTCG benefit

•       Crypto / VDA: Flat 30% on all gains | No set-off of losses

•       SGB at maturity: 0% tax — the most tax-efficient gold investment

•       Surcharge on equity CGT capped at 15% — huge benefit for HNIs

•       Key exemptions: Section 54, 54F, 54EC — reinvest to save LTCG on property

•       Always file ITR on time to carry forward capital losses for 8 years

 



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