title: "Capital Gains Tax Under Income Tax Act 2025: LTCG, STCG Rules Explained" description: "Complete guide to capital gains tax under the Income Tax Act 2025. LTCG at 12.5%, STCG at 20% on equity, holding periods, indexation removal, and how new Act reorganises these provisions." date: "2026-02-21" category: "Tax Planning" tags: ["capital gains tax new act 2025", "LTCG STCG 2026", "capital gains india", "income tax act 2025", "equity tax 2026"] readTime: "14 min read" featured: false author: "Taficon Team" image: "/og-image.png" slug: "capital-gains-tax-new-act-2025"
Capital gains taxation is one of the most complex areas of Indian income tax law — and one of the most important for investors, property owners, and business owners. The Income Tax Act 2025 reorganises and clarifies these provisions without changing the rates. This guide explains the complete capital gains framework under the new Act.
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Capital Gains: What the New Act Changes (and Doesn't Change)
What Stays the Same
- LTCG tax rate of 12.5% on equity (above ₹1.25 lakh exemption)
- STCG tax rate of 20% on equity (post-Budget 2024 amendment)
- Holding periods to classify short-term vs long-term
- Cost inflation index (CII) for assets where indexation still applies
- Rollover exemptions for reinvestment in new assets
- Section 54, 54EC, 54F equivalents (reinvestment exemptions)
- Grandfathering for pre-2018 equity gains
What Changes
- Provisions are reorganised into a cleaner capital gains chapter
- Removal of indexation for LTCG on real estate (effective FY 2024-25) is formally codified
- Language is simplified (no more "notwithstanding anything" clauses)
- Section numbers are updated
Classification: Short-Term vs Long-Term
Holding Periods Under New Act
The same holding period rules apply:
| Asset Type | Short-Term | Long-Term |
|---|---|---|
| Listed equity shares | ≤ 12 months | > 12 months |
| Equity-oriented mutual funds | ≤ 12 months | > 12 months |
| Debt mutual funds (post April 2023) | ≤ 36 months | > 36 months |
| Real estate (land/building) | ≤ 24 months | > 24 months |
| Unlisted shares | ≤ 24 months | > 24 months |
| Bonds / Debentures | ≤ 12 months (listed) | > 12 months (listed) |
| Gold / Jewellery / Other | ≤ 24 months | > 24 months |
| REITs / InvITs (units) | ≤ 12 months | > 12 months |
Key Rule: Start and End Date
The holding period is calculated from the date of acquisition to the date of transfer (sale). The date of acquisition is included; the date of sale is not. For bonus shares, rights shares, and gifts, special acquisition date rules apply.
Tax Rates: Equity and Equity Mutual Funds
Current Rates (Effective from FY 2024-25, Continued Under 2025 Act)
| Gain Type | Rate |
|---|---|
| STCG on listed equity / equity MF (held ≤ 12 months) | 20% |
| LTCG on listed equity / equity MF (held > 12 months) | 12.5% |
| LTCG exemption | First ₹1,25,000 per year is tax-free |
Note: The STCG rate was increased from 15% to 20% by Finance Act 2024. This rate applies for Tax Year 2026-27 onwards under the new Act.
Computation Example: Equity STCG
Scenario: Sold shares within 8 months
Buy date: June 15, 2026
Sell date: February 20, 2027
Holding: 8 months → SHORT-TERM
Sale price: ₹5,00,000
Purchase price: ₹3,50,000
STCG: ₹1,50,000
Tax at 20%: ₹30,000
Add 4% cess: ₹1,200
Net Tax: ₹31,200
Computation Example: Equity LTCG
Scenario: Sold equity mutual fund after 14 months
Buy date: April 1, 2026
Sell date: June 15, 2027
Holding: > 12 months → LONG-TERM
Sale value: ₹8,00,000
Original purchase cost: ₹5,00,000
LTCG: ₹3,00,000
Less: ₹1.25L exemption: (₹1,25,000)
Taxable LTCG: ₹1,75,000
Tax at 12.5%: ₹21,875
Add 4% cess: ₹875
Net Tax: ₹22,750
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Tax Rates: Real Estate
LTCG on Real Estate (Post-Budget 2024)
The removal of indexation for real estate LTCG is one of the most impactful changes for property owners — it was effected by Finance Act 2024 and is codified in the 2025 Act:
| Pre-Budget 2024 | Post-Budget 2024 (Current) | |
|---|---|---|
| LTCG rate | 20% with indexation | 12.5% without indexation |
| Choice | No choice | No choice |
Important grandfathering: For property acquired before July 23, 2024, taxpayers can choose the more beneficial calculation:
- Option A: 20% LTCG with cost inflation indexation
- Option B: 12.5% LTCG without indexation
Compute both, pay whichever is lower.
Computation Example: Real Estate LTCG
Property purchased: January 2016 (before July 23, 2024)
Purchase price: ₹45,00,000
Sale price (Tax Year 2026-27): ₹1,20,00,000
Option A (With Indexation):
CII for 2015-16: 254; CII for 2026-27 (assumed): ~380
Indexed cost = ₹45L × (380/254) = ₹67,32,283
LTCG = ₹1,20,00,000 - ₹67,32,283 = ₹52,67,717
Tax at 20% = ₹10,53,543
Cess (4%) = ₹42,142
Total = ₹10,95,685
Option B (Without Indexation):
LTCG = ₹1,20,00,000 - ₹45,00,000 = ₹75,00,000
Tax at 12.5% = ₹9,37,500
Cess (4%) = ₹37,500
Total = ₹9,75,000
Choose: Option B saves ~₹1,20,685
STCG on Real Estate
If property is sold within 24 months of purchase, gains are short-term and taxed at your applicable income tax slab rate — not a flat rate.
Tax Rates: Debt Mutual Funds
Since April 1, 2023, debt mutual funds are taxed at slab rate regardless of holding period. The 2025 Act codifies this:
| Holding Period | Tax Treatment |
|---|---|
| Any duration | LTCG / STCG at applicable slab rate (no indexation, no flat rate) |
Exception: Debt funds purchased before April 1, 2023 follow old rules (20% LTCG with indexation) for units purchased before that date.
Tax Rates: Gold and Other Assets
| Asset | STCG (≤ 24 months) | LTCG (> 24 months) |
|---|---|---|
| Physical gold / jewellery | Slab rate | 12.5% (no indexation) |
| Sovereign Gold Bond (SGBs) at maturity | Exempt (if held 8 years) | 12.5% if sold before maturity |
| Gold ETF | Slab rate (< 24 months) | 12.5% (> 24 months) |
| Silver | Slab rate | 12.5% |
| Unlisted shares | Slab rate | 12.5% |
Key Exemptions: Reinvestment Provisions
These exemptions allow you to defer or avoid capital gains tax by reinvesting in specified assets. All are preserved under the 2025 Act:
Section 54 Equivalent (Residential Property → Residential Property)
- Sell a residential property (held > 24 months)
- Buy a new residential property in India
- Exemption: Lower of LTCG or cost of new property
- New property: Must be purchased within 1 year before or 2 years after sale (or constructed within 3 years)
- Only ONE new property (if LTCG ≤ ₹2 crore, can buy two properties — once in a lifetime)
- Not applicable if: New property sold within 3 years
Example:
LTCG on old property: ₹50,00,000
New property purchase: ₹60,00,000
Exemption: ₹50,00,000 (full LTCG exempt)
Section 54EC Equivalent (Capital Gains Bonds)
- Sell any long-term capital asset
- Invest LTCG in specified bonds (NHAI, REC)
- Exemption: Up to ₹50,00,000 per financial year
- Bonds: 5-year lock-in, interest taxable
- Must invest within 6 months of sale
Section 54F Equivalent (Other Assets → Residential Property)
- Sell any long-term capital asset (not residential property)
- Buy residential property
- Exemption: Proportionate (if entire net consideration invested, full LTCG exempt)
- Condition: Must not own more than ONE residential property at time of sale (excluding new property)
Capital Gains and Regime Choice
Capital gains tax rates are flat rates — they apply regardless of which income tax regime you choose (old or new). Your slab rate does not affect capital gains tax on equity, real estate, or gold.
Exception: Short-term capital gains on assets taxed at slab rate (real estate STCG, debt fund gains, unlisted shares STCG) are added to your total income and taxed at your applicable marginal rate — here, regime choice matters.
Set-Off and Carry Forward of Capital Losses
Intra-Year Set-Off Rules
| Loss Type | Can Set Off Against |
|---|---|
| STCL (short-term capital loss) | STCG + LTCG |
| LTCL (long-term capital loss) | LTCG only (not STCG) |
| Capital loss (any type) | Cannot offset against salary/business income |
Carry Forward
- Capital losses can be carried forward for 8 assessment years (Tax Years under the new Act)
- Must be reported in the year of loss (even if no other income)
- Cannot carry forward if return is filed after due date
STT and Capital Gains: Condition for 20%/12.5% Rates
The concessional rates (20% STCG, 12.5% LTCG) on listed equity and equity MFs apply only if Securities Transaction Tax (STT) was paid at the time of sale.
- Shares bought/sold on a recognised stock exchange: STT applies automatically
- Off-market transfers: STT not paid → gains taxed at slab rate (STCG) or 12.5% without STT benefit for LTCG
Key Takeaways
- No change in capital gains rates under the 2025 Act — LTCG 12.5%, STCG 20% on equity.
- ₹1.25 lakh LTCG exemption on equity continues per year.
- No indexation on real estate LTCG from Budget 2024 — codified in 2025 Act.
- Grandfathering applies: Pre-July 2024 properties can choose whichever option is better.
- Debt MF gains are slab-rate — no flat LTCG rate.
- Reinvestment exemptions (54, 54EC, 54F) are fully preserved.
- Capital losses can offset capital gains (LTCL only against LTCG).
- Report capital losses even if you have no income — to preserve carry-forward benefit.
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FAQ
Q1. Does the Income Tax Act 2025 change capital gains tax rates?
No. All capital gains rates — LTCG at 12.5% on equity, STCG at 20% on equity, slab-rate treatment for debt MFs — are unchanged. The 2025 Act reorganises the provisions without altering the rates.
Q2. Is indexation removed for all real estate under the new Act?
Indexation benefit was removed for real estate LTCG by Finance Act 2024 (effective from FY 2024-25). The 2025 Act codifies this. However, grandfathering applies to properties purchased before July 23, 2024 — you can choose between 20% with indexation or 12.5% without indexation, whichever is lower.
Q3. What is the ₹1.25 lakh LTCG exemption on equity?
The first ₹1.25 lakh of long-term capital gains from listed equity shares and equity mutual funds in a Tax Year is tax-free. Above this, LTCG is taxed at 12.5%. This exemption applies per taxpayer per year and is available in both old and new tax regimes.
Q4. Can I set off stock market losses against salary income?
No. Capital losses can only be set off against capital gains. Short-term capital losses can offset both STCG and LTCG. Long-term capital losses can only offset LTCG. Unabsorbed losses can be carried forward for 8 years.
Q5. I bought an apartment in 2015 and sold it in Tax Year 2026-27. Which rate applies?
Since you purchased before July 23, 2024, you have a choice: pay 20% LTCG with indexation, or 12.5% LTCG without indexation. Compute both — the rate that results in lower tax can be applied. This grandfather benefit applies only to properties purchased before the Budget 2024 amendment date.
Q6. How are Sovereign Gold Bond (SGB) redemptions taxed?
SGBs held for 8 years (until maturity) and redeemed at maturity are completely exempt from capital gains tax. If you sell SGBs before maturity on the stock exchange, gains are taxed as per holding period — LTCG at 12.5% if held > 12 months, slab rate if held ≤ 12 months.
Q7. Are REIT/InvIT gains taxed differently?
REITs and InvITs have a mixed distribution structure. For listed REIT/InvIT units: LTCG (held > 12 months) at 12.5%, STCG (held ≤ 12 months) at 20%. Income component of distributions is taxed as per the nature (interest, dividend, rental income) — not all REIT distributions are capital gains.