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What is Long Term Capital Gains Tax?

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Created on
August 24, 2022

Summary

What’s Inside

You might be aware of the benefits of holding assets for the long term. You get numerous benefits from long-term investing, like compounding and potential inflation-beating returns. As we know, along with returns come taxes. And, for our long-term investments, we must pay an LTCG or a long-term capital gains tax. 

The long-term capital gains tax applies to the long-term possession of assets like equities, debt, mutual funds, commodities like gold and silver and commercial and residential real estate property. But, how much long-term capital gains tax do we have to pay? More importantly, when do you have to pay these taxes?

Let’s look at the nitty-gritty of long-term capital gains tax in India in detail. 

How Are Long-term Capital Gains Taxed?

Consider that you invested in equity shares of a company. Your purchase value of these assets was ₹1 lakh in January 2018, and you sold these shares at ₹5 Lakhs in July 2022. The difference between buying and selling security is more than three years. Therefore, an LTCG tax would apply to the capital gains. 

But you have a saviour here, called inflation. Your LTCG will be calculated considering inflation. 

So, you can calculate your LTCG tax by following these steps: 

Step 1: Note the price of your asset at the time of its sale

Step 2: Calculate the indexed cost of acquisition of the asset. 

Step 3: Deduct the number calculated in step number two from that derived in step number one 

Step 4: The figure you get is your total taxable gain. 

Let’s calculate this for our example. 

The full value of the security 

₹5 Lakhs

The cost of the Inflation Index (CII) for FY 2022-23 is 331. This is how we can calculate the indexation impact on the gains

= ₹1,00,000 x (331/100)
= ₹3,31,000

Your total taxable gains 

= ₹5 lakhs ₹3.31 lakhs 

= ₹1,69,000 only

So, What is the Long-term Capital Gains Tax Rate for this Investment? 

Examine the table below:

Long Term Capital Gains Tax in India

Condition

Tax

On the sale of equity-based mutual fund units and equity shares

10% over and above ₹lakh

On the sale of securities other than equity fund units and equity shares

20% + cess

Therefore, you will be taxed at 10% because your capital gains are above ₹1 Lakh. 

Your LTCG tax on this redemption will be 10% of ₹1.69 Lakhs, which is ₹16,900. 

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What is Indexed Cost of Acquisition? 

To calculate the cost of indexation, you can refer to the CII figure for the year of asset sales. Considering indexation can help you calculate the impact of inflation on your returns over your investment period. Deducting the indexation amount from your gains reduces your taxable gains. 

What are the Exemptions on LTCG on Property Sales? 

If you have made capital gains on selling a residential or commercial property, your tax implications will be 20% plus other charges (20.8%). However, you can get tax benefits through exemptions under Section 54, 54B and 54EC. However, there are certain limits on the reinvestment period and the amount of capital gains for availing of these exemptions. 

These tax exemptions are as follows: 

1. Tax exemptions under Section 54 

These exemptions can be availed only once in a lifetime by you on capital gains through property not exceeding ₹2 crores. Here, you can avail of a tax exemption if you use the capital gains to purchase another property (two or less in numbers). You can avail of this benefit by purchasing a move-in property or undertaking its complete construction within a specified period. 

2. Tax exemptions under Section 54EC

Under this section, you can avail of tax exemption of your profits by reinvesting them in capital gains bonds. These bonds are issued by institutions like the National Highways Authority of India (NHAI) and the REC and have a maturity period of five years. Premature redemption of your investments under these instruments will result in the withdrawal of the tax benefit obtained. 

3. Tax exemptions under Section 54B

You can also avail of tax exemptions by purchasing agricultural land from the gains through your property sales. However, this land purchase should be completed within a specified period. Also, you will not be able to sell this property for a certain period if you wish to avail of a tax exemption. 

When do you have to pay an LTCG tax? 

You only have to pay capital gains tax on selling an asset. No taxes are applicable on their purchase and during the holding period of any security. 

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To Conclude

Different long-term capital gain tax rates apply to different securities in India. While you make investment plans to reach your financial goals, it is essential to make them in advance. This would prevent you from unpleasant surprises while filing tax returns. It is also important to consider the impact of inflation while you are calculating your tax implications. Effective tax planning is an integral part of your financial planning process. 

Frequently Asked Questions

1. What is the 2022 capital gains tax rate?

There are different LTCG tax rates for different assets in India. Please refer to the table below for LTCG tax rates applicable in 2022. 

Long Term Capital Gains Tax in India

Assets

Investment tenure

Tax Rate

Immovable property, for example, real estate

More than two years

20.8%, including indexation benefit

Movable assets like gold coins and jewellery

More than three years

20.8%, including indexation benefit

Listed equity shares

More than 12 months

Up to ₹1 Lakh is non-taxable. 10% tax on gains above ₹1 Lakh

Equity mutual funds

More than 12 months

Up to ₹1 Lakh is non-taxable. 10% tax on gains above ₹1 Lakh

Debt mutual funds

More than 36 months

20.8%, including indexation benefit

Short Term Capital Gains Tax in India

Assets

Investment tenure

Tax Rate

Immovable property, for example, real estate

Less than two years

Gains are added to your income. Therefore, the income tax slab rate is applicable

Movable assets like gold coins and jewellery

Less than three years

Gains are added to your income. Therefore, the income tax slab rate is applicable

Listed equity shares

Less than 12 months

15.60%

Equity mutual funds

Less than 12 months

Up to ₹1 Lakh are non-taxable. 10% tax on gains above ₹1 Lakh

Debt mutual funds

Less than 36 months

The income tax slab rate is applicable

2. Are long-term capital gains always taxed at 15%?

No, there are different long term capital gains tax rates for different types of securities in India. 

  • For example, the LTCG on property sale is 20% of your gains (plus other charges, making it 20.8%). However, there are certain exemptions you can avail of under Section 54, 54EC and 54B. 
  • Further, assets like equity mutual funds and stocks are taxed differently for LTCG. You can look at the table below: 

Long Term Capital Gains Tax in India

Condition

Tax

On the sale of equity-based mutual fund units and equity shares

10% over and above ₹1 lakh

On the sale of securities other than equity fund units and equity shares

20% + cess

  • Moreover, the LTCG tax on the sale of gold jewellery is 20.8% with indexation benefits. 

Disclaimer

Investment and securities are subject to market risks. Please read all the related documents carefully before investing. The contents of this article are for informational purposes only, and not to be taken as a recommendation to buy or sell securities, mutual funds, or any other financial products.
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