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Long Term Capital Gains Tax

Long-Term Capital Gains Tax (LTCG) is the tax applied on profits earned from the sale of assets held for a specified period, typically more than one year. In India, assets like equities, real estate, and bonds are subject to LTCG tax, with rates varying based on the asset class and holding period.

Differences Between Short-Term and Long-Term Gains

Understanding the distinction between short-term and long-term capital gains is crucial for effective tax planning. There have been several updates to the definition of the holding period and applicable capital gain tax in recent few years. Here’s a table of prominent asset classes and applicable capital gains tax on them.

Asset Class

Short-Term Holding Period

Long-Term Holding Period

Short-Term Capital Gains Tax Rate

Long-Term Capital Gains Tax Rate

Equity Shares & Equity-Oriented Mutual Funds

Less than 12 months

More than 12 months

15%

12.5% (for gains exceeding ₹ 1.25 lakh)

Debt-Oriented Mutual Funds

Irrespective of the holding period

As per income tax slab rates

12.5%

Real Estate/Property

Less than 24 months

More than 24 months

As per income tax slab rates

12.5%

Gold/Jewellery

Less than 24 months

More than 24 months

As per income tax slab rates

12.5%

Note: The above rates are based on the Union Budget 2025 announcements. 

Current LTCG Tax Rates and Thresholds

  • Equity Shares & Equity-Oriented Mutual Funds: LTCG exceeding ₹ 1.25 lakh are taxed at 12.5%.

  • Debt-Oriented Mutual Funds: Debt funds are taxed as per your individual tax slab rate, irrespective of the holding period. 

  • Real Estate, Gold: LTCG are taxed at 12.5%, with no minimum threshold.

How to Calculate Your Long-Term Capital Gains

Calculating long-term capital gains (LTCG) involves determining the difference between the selling price and the purchase price of an asset, after accounting for exemptions and deductions. Let’s break this down with a detailed example involving stocks.

Formula for LTCG Calculation:

LTCG = Full Sale Price - Cost of Acquisition - Any Expenses Related to Sale

Example: 

Let’s assume you bought shares of a company in April 2023 for ₹2,00,000. You decided to sell them in March 2023 for ₹5,00,000. Since the holding period exceeds one year, the gains are classified as long-term capital gains.

Step 1: Determine the Full Sale Price

Here, ₹ 5,00,000 is your total sale value.

Step 2: Check the Cost of Acquisition

Since these are equity shares, indexation benefits do not apply. Thus, the cost of acquisition is ₹ 2,00,000.

Step 3: Calculate the Long-Term Capital Gains

LTCG = Sale Price − Purchase Price 

LTCG = ₹ 5,00,000 − ₹ 2,00,000 = ₹ 3,00,000

Step 4: Apply the LTCG Tax Exemption on Equity Investments

According to current tax rules, long-term capital gains from equity shares and equity mutual funds are tax-free up to ₹ 1,25,000. Any gains above this threshold are taxed at 12.5% without indexation.

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

Step 5: Apply the LTCG Tax Rate

LTCG on equity assets is taxed at 12.5%.

LTCG Tax = 12.5% × ₹ 1,75,000 = ₹ 21,875

Thus, you will need to pay ₹ 21,875 as LTCG tax on his equity investment.

If you had invested in a debt mutual fund instead of equity shares, the taxation would be different and all gains would be taxed as per your individual tax slab rate, irrespective of the holding period.

Exemptions and Deductions Available

  • Section 54: Exemption on LTCG from the sale of residential property if invested in another residential property within a specified period.

  • Section 54EC: Exemption on LTCG if invested in specific bonds such as the ones offered by REC or NHAI) within six months of the asset transfer, subject to a maximum of ₹ 50 lakh.

  • Section 54F: LTCG exemption from the sale of any asset except a residential house, if the net consideration is invested in a residential house.

  • Capital Gain Account Scheme (CGAS): It allows you to claim tax exemptions on capital gains without immediately purchasing a residential property. Under this scheme, funds deposited can only be used to buy houses or plots, as permitted by the Government of India. If the withdrawn amount is not utilised within three years, it becomes taxable under long-term capital gains (LTCG) tax rates applicable at that time.

Additional Read - How to Avoid LTCG Tax on Mutual Funds?

Strategies to Minimize LTCG Tax Liability

Minimizing Long-Term Capital Gains (LTCG) tax liability requires careful financial planning and strategic investment decisions. Here are some effective ways to reduce LTCG tax and optimize overall tax efficiency:

1. Utilize Tax Harvesting

Tax harvesting involves offsetting long-term capital gains with capital losses from other investments. By strategically selling loss-making assets, investors can reduce their taxable gains.

  • For instance, if you have ₹ 2 lakh in LTCG and ₹ 50,000 in capital losses from another investment, you can offset the gains and only pay tax on ₹ 1.5 lakh.

  • This is particularly useful in equity investments where only gains over ₹ 1.25 lakh are taxable.

2. Reinvest Under Section 54 and 54F Exemptions

The Income Tax Act provides exemptions for reinvesting LTCG into specific assets:

  • Section 54: If you sell a residential property and reinvest the LTCG in another residential house, you can claim a tax exemption.

  • Section 54F: If you sell a capital asset (other than a residential property) and reinvest the proceeds in a new house, you can claim an exemption.

  • Section 54EC: You can invest LTCG (up to ₹50 lakh) in specified bonds (like REC or NHAI bonds) within six months of the sale to avail of tax benefits.

3. Invest in Tax-Exempt Instruments

Some investment avenues do not attract LTCG tax if held for a specified duration.

  • PPF (Public Provident Fund) and EPF (Employees' Provident Fund) provide tax-free returns.

  • Gains from Unit-Linked Insurance Plans (ULIPs) are also tax-exempt if held for at least five years.

4. Spread Out Gains Over Multiple Financial Years

If possible, spread the sale of capital assets across different financial years.

  • Since LTCG tax on equities is applicable only beyond ₹ 1.25 lakh, staggering sales ensures you stay within the tax-free limit each year.

  • For other capital assets, selling portions in different years helps keep the taxable amount lower.

Remember: LTCG tax rules change periodically, impacting tax planning strategies. Investors should monitor government policies, such as exemptions, tax slabs, and investment limits, to take advantage of beneficial tax provisions. By implementing these strategies, investors can optimize their tax outgo while ensuring compliance with LTCG tax regulations.

Impact of Recent Tax Reforms on LTCG

The Union Budget introduced significant changes to the LTCG tax structure:

  • Increased Tax Rate: LTCG tax rate on equities was raised to 12.5%.

  • Adjusted Exemption Limit: The exemption threshold for LTCG on equities was increased from ₹ 1 lakh to ₹ 1.25 lakh.

These reforms aim to enhance tax revenues while encouraging long-term investments.

Common Mistakes to Avoid When Filing LTCG

  • Misclassifying Gains: Incorrectly categorizing short-term gains as long-term (or vice versa) can result in tax discrepancies.

  • Overlooking Exemptions: Not claiming eligible exemptions under relevant sections can increase tax liability.

  • Missing Deadlines: Delays in reinvesting gains to claim exemptions can lead to disqualification.

By understanding and applying these aspects, investors can effectively navigate LTCG taxation and optimize their tax liabilities.

Summary

Long-Term Capital Gains Tax (LTCG) applies to profits earned from the sale of assets held for a longer duration, typically over a year. The tax rates and exemptions vary based on the type of asset, with indexation benefits available for certain investments like real estate and debt funds. Recent tax reforms have adjusted LTCG rates and thresholds, making it essential for investors to plan their investments strategically. 

By leveraging exemptions under sections like 54, 54EC, and 54F, optimizing holding periods, and reinvesting gains efficiently, taxpayers can minimize their LTCG liabilities. Understanding key tax rules, avoiding common filing mistakes, and staying updated with tax law changes are crucial for effective tax planning.

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Disclaimer: Investments in the securities market are subject to market risk, read all related documents carefully before investing.

This content is for educational purposes only. Securities quoted are exemplary and not recommendatory.

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