Capital gains are the profits accrued through the sale of capital assets. The 2 types of capital gains are long-term and short-term. Long-term capital assets are those held for 36 months or more, while short-term assets are held for a shorter duration.
Capital gains arise when you sell capital asset for an amount that is more than what you paid for it. Capital assets are any investment products like mutual funds, stocks, or any real estate product like land, house, etc. An increase in the value of any of these when you sell them is termed as a capital gain.
Similarly, a capital loss is suffered in case there is a decrease in the value of an asset for its purchase price. A realized capital gain occurs only when you sell the asset at a higher price than its original purchase price.
Capital gains cannot be applied on a property that has been inherited. This is because an inherited property is a just a transfer of ownership rather than a sale. However, your inherited property will be subject to capital gains tax in case you sell it.
Calculation of tax is dependent upon the type of capital gain.
Calculating capital gains tax can be done using one of the online tools designed for the purpose. When calculating capital gains tax using a calculator, the following information is to be entered:
Once you have entered the information, the following details will be generated towards the calculation of your capital gains payable:
In the case of short term capital gains, the computation is as given below:
Short-term capital gain= (full value consideration) - (cost of acquisition + cost of improvement + cost of transfer).
To calculate the long-term capital gains tax payable, the following formula is to be used:
Long-term capital gain = (full value of consideration received or accruing) - (indexed cost of acquisition + indexed cost of improvement + cost of transfer)
where:
Indexed cost of acquisition = cost of acquisition x cost inflation index of the year of transfer/cost inflation index of the year of acquisition.
Indexed cost of improvement = cost of improvement x cost inflation index of the year of transfer/cost inflation index of the year of improvement.
The following are the steps to calculate the capital gain tax:
The tax rates on short-term capital gains and long-term capital gains are as follows.
Types of Tax | Condition | Tax Rate Applicable |
Short-term capital gains tax Type | Securities transaction tax applicable | 15% + surcharge and cess as applicable |
Securities transaction tax not applicable | It is added to a taxpayer's income tax return and he will be taxed based on his income tax slab. | |
Long-term capital gains tax | Except when selling equity shares/equity-oriented fund units | 20% |
When selling equity shares/equity-oriented fund units | 10% over and above Rs.1 lakh |
The deduction on Capital Gain Tax, as per the Union Budget 2023 is capped to Rs.10 crore. This is applicable for reinvestments under section 54 and 54F in residential properties.
Cost Inflation Index (CII)is a term that comes into play when we talk about long-term capital gains. This index is fixed and is declared every year by the government. For calculating capital gains on long-term assets, indexation is used.
CII or Cost Inflation Index is used in the computation of long-term capital gains tax. The CII is notified through a notification issued by the Income Tax Department each financial year. The CII for the financial year 2023-24 is 348. Individuals who are calculating their capital gains will have to use the CII in order to ascertain the indexed cost of acquisition, which is to be deducted from the full value in consideration.
Thus, the CII is applied to the cost of acquisition, following which the figure becomes the indexed cost of acquisition. Following this, the formula for computation of long-term or short-term capital gains is calculated.
When calculating the capital gains from the transfer of a long-term capital gains asset, a deduction can be claimed by indexing the cost of acquisition and the cost of improvement.
Using Indexation
Mr. Mishra bought a plot of land for Rs.10 lakh in the year 2015. After 10 years had elapsed, in January 2025, he sold off his land for Rs.30,00,000.
Cost Inflation Index, CII= Index for financial year 2024-25/Index for financial year 2015-2016 = 1024/480 = 2.13
Indexed cost of purchase = CII x Purchase Price = 2.13 x 10,00,000 = 21,30,000
Long-term capital gain = Selling Price - Indexed cost = 30,00,000 - 21,30,000 = Rs.8,70,000
Tax on capital gain = 20% of 8,70,000 = 1,74,000
Tax on capital gains without Indexation (for stocks and mutual funds): There is an option of not going the complicated route of indexation and directly computing capital gain tax. In this case, only 10% of the non-indexed capital gain is charged as tax. Individuals are free to choose to use indexation and pay 20% tax or ignore indexation and pay 10% on their capital gains.
Quick Tip: In case the asset (mutual fund, stocks) is held for a very long time and its value has multiplied manifold, chances are inflation wouldn't affect profits drastically and as such it would be beneficial to pay 10% tax on the non-indexed gain instead of using indexation and paying 20%.
Government provides a number of exemptions which can be claimed on capital profits made. Here is a list of all the exemptions that can be claimed with respect to gains from capital assets.
For tax computations, capital losses can be used to offset the effect of tax on capital gains. However, long-term capital losses can be set off against long-term gains only. Short-term capital losses can be set off against short-term as well as long-term capital gains.
Quick Tip: Long-term capital losses can be carried forward to a maximum of 8 years and set off against long-term capital gains.
Some of the ways through which you can enjoy an exemption on the payment of capital gain tax are given below:
For long term capital gains tax:
The following are the ways to avoid tax for long-term capital gains:
For short-term capital gain tax:
The following are the ways to avoid tax for short-term capital gains:
Income that are charged to tax under the head 'Capital Gains' are:
Exemptions
In case of short-term capital gain, capital gain = final sale price - (the cost of acquisition + house improvement cost + transfer cost).
In case of long-term capital gain, capital gain = final sale price - (transfer cost + indexed acquisition cost + indexed house improvement cost).
Short-term capital gains tax is payable at a rate of 10% on all holdings and Long-term capital gains tax is not payable on equity mutual funds, though the individual will have to declare income from the same when filing IT returns.
Long-term capital gains won't be taxed provided it meets certain criteria and the profit generated stays within the total taxable income. The income taxable will differ from people to people based on their age, income, etc. If the profit received exceeds the total taxable income, then it will be taxed.
For the majority of people, the maximum tax rate on net capital gains is 15%.
The long-term capital gains for fiscal year 2023 (the same rate as in 2022) will be taxed at 0%, 15% and 20%.
Capital gains tax will not be charged to the individual above the age of 55 years.
The capital gains tax on property on sale is 20% plus 3% cess.
No, capital gains tax do not increase your tax bracket.
If capital gain does not exceed Rs.1 lakh per financial year, then tax on long term capital gain is exempted on mutual funds and stock. Beyond the threshold limit, tax at a rate of 10% will be charged along with applicable surcharge and cess.
Capital gain tax is the tax imposed on the profit earned on the capital gain, where capital gain is the difference between the selling and purchase price of the shares. The selling price of the shares is more than the purchase price of shares.
A penalty amount of Rs.10,000 is imposed for late payment of capital gain tax in India. For companies, the penalty amount will be Rs.200 for each day of delay.
The year you realise the gain, you owe the taxes for the same financial year. For example, if the equity investment is redeemed anytime between April 2022 to March 2023, then taxes for the gain can be filed for the year 2022-2023.
You can minimize or reduce the capital gain tax amount by investing for long-term; offset the gains earned by using the capital losses; consider the holding period to qualify for long-term capital gain treatment; opt for tax-deferred retirement plans; and the cost basis of the shares you sold.
If the capital gain tax is not paid within the due date, then the IRS can impose penalties or fines and may even take legal action if they demonstrate that the act of non-payment is intentional or fraudulent.
No, indexation benefit is available only for long-term capital assets and not for the short-term capital gain assets.
Cryptocurrency or any other virtual digital asset was considered as a capital asset until 2022 when in the Union Budget it was announced that cryptocurrencies will be considered as ‘Special Asset’. A tax amount of 30% will be imposed on it excluding the expenses, indexation, carryforward losses, and the income earned within the same year.
The 12-month capital gain rule defines that you will have to pay the full capital gain, in case you sell or dispose of your assets within 12 months. You will receive a 50% discount on capital gain, in case you hold your asset for over 12 months before selling it.
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