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