Any profit/gains arising from the transfer of capital assets such as property, shares, bonds, etc., are subject to income tax under the head "Income from Capital Gains." Capital assets are categorized into short-term and long-term assets based on their holding period. The tax rate on LTCG is 12.5% for all capital assets. However, for listed equity shares, equity-oriented funds, and units of business trusts, the LTCG exceeding Rs. 1.25 lakh will be taxed flat at 12.5%.
Read this article to learn more about Long-Term Capital Gains and their taxability.
Capital gains/profits arising from the transfer of Long-Term Capital Assets is referred to as Long-Term Capital Gains. A long-term capital asset is an asset that is held for more than 12 months in case of listed equity shares, equity-oriented funds, and units of business trusts or for a period more than 24 months in case of other assets.
The Long-Term Capital Gains taxation is divided into two sections: Section 112 and Section 112A.
Section 112A applies in the case of the following assets:
Section 112 applies to all other cases of Long-Term Capital Gains not covered under Section 112A.
To calculate the long-term capital gains accurately, follow the steps mentioned below:
Step 1: Determine the Full value of consideration
The total amount received from the transfer of capital assets. It includes the monetary payment received or fair market value in certain specified circumstances.
Step 2: Determine the Net value of Consideration
The net value of consideration is determined by deducting expenses related to transfer such as commission, brokerage, etc.
Step 3: Calculate the Cost of Acquisition
The purchase price of the asset is to be determined, and in the case of assets which get indexation benefits (like immovable property), we have to adjust the cost of acquisition using the Cost Inflation Index, which the government notifies every year. Indexation benefit has been removed for transfer made after 23rd July, 2024.
The formula for calculating the indexed cost of acquisition is:
Indexed cost of acquisition = Cost of acquisition x (CII of the year of transfer / CII of the year of acquisition)
Note: The benefit of indexation is available only for individuals and HUF on sale of land and building.
Step 4: Deduct exemptions under section 54/54B/54D/54EC/54F
Certain types of long-term capital gains may be eligible for exemptions under specific conditions (e.g., reinvestment in certain assets like residential property).
Step 5: Long-Term Capital Gains chargeable to tax
The long-term capital gains chargeable to tax formula is:
LTCG chargeable to tax = Net sale consideration - Cost of Acquisition - Cost of Improvement - Exemptions under Section 54/54B/54D/54EC/54F.
The computation of long-term capital gain can be best understood through the following table:
Particulars | Amount | Amount |
Full value of consideration | xxx |
|
Less: Expenses incurred wholly and exclusively for such transfer | (xxx) |
|
Net sale consideration |
| xxx |
Less: Indexed cost of acquisition (Indexation benefit removed for sale made from 23rd July, 2024 but made available only for land and building) | (xxx) |
|
Less: Indexed cost of improvement (Indexation benefit removed for sale made from 23rd July, 2024 but made available only for land and building) | (xxx) |
|
Long-term Capital Gains(LTCG) |
| xxx |
Less: Exemptions under section 54/54B/54D/54EC/54F | (xxx) |
|
Long-Term Capital Gains chargeable to tax |
| xxx |
The following tax rates are applicable to long-term capital gains:
Assets Sold | Sold before 23rd July, 2024 | Sold on or After 23rd July, 2024 |
| 10% Without Indexation | 12.5% Without Indexation |
Land and Building | 20% With Indexation | 12.5% Without Indexation (Option to Individuals and HUF - 20% with indexation or 12.5% without indexation) |
Other Capital Assets | 20% With Indexation | 12.5% Without Indexation |
There are various exemptions available under the Income-tax Act that help reduce the LTCG chargeable to tax if the capital gain amount is reinvested in certain specific assets or instruments. Certain conditions have to be fulfilled to claim deductions against capital gains.
One of the popular exemptions is investment in notified bonds under Section 54EC. This exemption is available on Long Term Capital Gain on any asset.
John bought a house in 2005 for Rs. 20,00,000. He sold it in August 2024 for Rs. 65,00,000. Now he has an option of choosing the tax rate of 12.5% without indexation or 20% with indexation. The Cost Inflation Index (CII) for 2005-06 is 117 and for 2024-25 is 363.
The Long-Term Capital Gains will be calculated as follows:
Particulars | Amount | Amount |
Full value of consideration | 65,00,000 | |
Less: Expenses incurred wholly and exclusively for such transfer | Nil | |
Net sale consideration | 65,00,000 | |
Less: Indexed cost of acquisition(20,00,000 * 363/117) | 62,05,128 | |
Less: Indexed cost of improvement | NIL | |
Long-term Capital Gains(LTCG) | 2,94,872 | |
Less: Exemptions under section 54/54B/54D/54EC/54F | NIL | |
Long-term capital gains chargeable to tax | 2,94,872 |
As indexation benefit has been considered in the above example, the tax on said transfer will be applicable at the rate of 20%.
John bought a house in 2005 for Rs. 20,00,000. He sold it in August 2024 for Rs. 65,00,000. The Long-Term Capital Gains without indexation will be calculated as follows:
Particulars | Amount | Amount |
Full value of consideration | 65,00,000 | |
Less: Expenses incurred wholly and exclusively for such transfer | Nil | |
Net sale consideration | 65,00,000 | |
Less: Cost of acquisition | 20,00,000 | |
Less: Cost of improvement | NIL | |
Long-term Capital Gains(LTCG) | 45,00,000 | |
Less: Exemptions under section 54/54B/54D/54EC/54F | NIL | |
Long-term capital gains chargeable to tax | 45,00,000 |
Since the indexation benefit has not been availed, the capital gain of Rs. 45,00,000 will be taxed at 12.5%.
The exemption on Long-Term Capital Gains (LTCG) can be claimed under the following Sections:
The details of capital gains during the year are to be filled in the Schedule CG of Part A of Form ITR-2. The total amount of capital gains shall be filled in the Part B - Total income which will be auto-populated from the details you filled in the other schedules.
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