Short-term capital gains tax (STCG) is levied on profits earned from selling capital assets held for a duration shorter than the prescribed holding limit. In India, the holding period defining short-term capital gains varies based on the type of asset. STCG is taxed at different rates depending on whether the asset falls under Section 111A (equity-oriented assets) or general capital assets. Understanding STCG tax implications is essential for investors and traders looking to optimize their tax liability.
Definition of Short Term Capital Assets
Short-term capital assets are those held for a period less than the prescribed duration before being sold. The classification varies depending on the asset type:
Listed Assets: Equity shares and equity-oriented mutual funds held for less than 12 months are considered short-term.
Unlisted Assets: Unlisted shares and immovable property held for less than 24 months fall under short-term assets.
Debt Assets: Debt mutual funds do not have any long-term or short classifications. They are taxed the same way irrespective of the holding period.
Other Assets: Assets like gold, property, and other investments held for less than 24 months are deemed short-term.
If the holding period exceeds these durations, the asset is classified as a long-term capital asset and taxed accordingly.
Holding Periods for Various Asset Classes
Asset Type
| Short-Term Holding Period
|
Equity shares & equity MF
| Less than 12 months
|
Debt mutual funds
| Holding period doesn’t matter
|
Real estate & immovable property
| Less than 24 months
|
Unlisted shares
| Less than 24 months
|
Gold & other assets
| Less than 24 months
|
Short Term Capital Gains Tax Rates for FY 2024-2025
The tax rates for short-term capital gains have been revised in the Union Budget 2024-25:
For equity shares & equity-oriented mutual funds (under Section 111A), the STCG tax rate has increased from 15% to 20%. For debt related assets, the short-term capital gains are added to the total income and taxed at the specific income tax slab rate of the individual.
Type of Asset
| STCG Tax Rate
|
Equity shares & equity-oriented mutual funds (under Section 111A)
| 20% (plus cess & surcharge)
|
Other capital assets (debt funds, real estate, gold, etc.)
| Taxed as per income slab
|
Calculation of Short Term Capital Gains
To compute STCG, follow these steps:
Determine the Full Sale Value: Total consideration received from selling the asset.
Deduct Expenses: Any expenses incurred on sale, such as brokerage, commission, and transfer fees.
Subtract the Purchase Cost: The cost of acquiring the asset. Expenses incurred for enhancing the asset's value can also be considered here.
Calculate the Net Gain:
STCG = Sale Value - (Purchase Cost + Expenses on Sale)
Example:
If you buy 100 shares at ₹ 200 each (₹ 20,000 total) and sells them within one year, at ₹ 250 each (₹ 25,000 total) with a brokerage fee of ₹200, the STCG is:
STCG = ₹ 25,000 - (₹ 20,000 + ₹ 200) = ₹ 4,800
If this is an equity transaction under Section 111A, a 20% tax applies:
Tax Payable = ₹ 4,800 × 20% = ₹ 960
Exemptions and Deductions Applicable to STCG
Basic Exemption Limit: Individuals with taxable income below ₹2.5 lakh (₹3 lakh for senior citizens) do not need to pay STCG tax.
Tax Deductions: STCG is not eligible for deductions under Section 80C, but capital gains can be offset with capital losses.
Set-off Against Losses: Short-term capital losses can be adjusted against short-term or long-term capital gains in the same year.
Impact of Recent Tax Changes on Investors
Debt Mutual Fund Taxation: Post-April 1, 2023, capital gains from debt mutual funds are taxed as per income slabs, eliminating the benefit of indexation.
Changes in Tax Regime: The new tax regime does not offer deductions on capital gains, making tax-efficient investment planning essential.
Increased STCG Tax Rate: The tax rate on short-term capital gains under Section 111A has been raised from 15% to 20%.
LTCG Tax Adjustments: Long-term capital gains tax has been set at 12.5%, with the exemption limit increased from ₹ 1 lakh to ₹ 1.25 lakh.
These changes require a reevaluation of investment strategies to optimize tax efficiency.
Strategies to Minimize Short Term Capital Gains Tax Liability
Holding Investments Longer: Converting STCG into LTCG (by holding assets longer) can lower tax liability.
Offsetting Capital Losses: Use capital loss harvesting to set off gains against losses, reducing taxable income.
Utilizing Tax-Free Income Limits: Ensure total income, including STCG, remains within the basic exemption limit to avoid tax.
Tax-Saving Investment Vehicles: Opting for tax-exempt instruments like ELSS or PPF can help reduce overall tax burden.
Differences Between Short Term and Long Term Capital Gains
Here’s a summary of the key differences between short-term and long-term capital gain and how they are taxed:
Aspect
| Short-Term Capital Gains
| Long-Term Capital Gains
|
Holding Period
| Less than specified duration (varies by asset)
| More than specified duration (varies by asset)
|
Tax Rate
| 20% for equity assets; others as per slab rate
| 12.5% (above ₹1.25 lakh exemption)
|
Indexation Benefit
| Not available
| Available for certain assets based on the date of purchase
|
Set-off Provisions
| Can be set off against both STCG and LTCG
| Can be set off only against LTCG
|
Additional Read - How to Calculate STCG Tax on Debt Funds in India
Reporting and Compliance Requirements
Income Tax Return (ITR) Filing: Report STCG in the 'Capital Gains' section of the ITR form.
Advance Tax: If tax liability exceeds ₹10,000 in a financial year, advance tax payments are mandatory.
Documentation: Maintain records of purchase and sale transactions, along with related expenses, to substantiate claims during assessments.
Summary
Short-term capital gains tax in India applies to profits from selling assets held for a duration shorter than the prescribed holding limit. STCG tax rates differ for equity (20%) and other assets (income slab rates). As an investor, you can lower your STCG tax burden through loss set-off, long-term holding, and tax-exempt investment strategies. With recent tax changes, understanding and planning for STCG is crucial to optimize overall returns.