The Finance (No. 2) Act, 2024, effective July 23, 2024, is the most significant capital gains reform in a decade. It raised STCG on equity to 20%, unified LTCG at 12.5% across most asset classes, removed indexation for new purchases, and raised the annual LTCG exemption on equity to ₹1.25 lakh. Budget 2025 made no further changes — these rules apply fully to FY 2025-26 (AY 2026-27).
Before July 23, 2024, India's capital gains framework had multiple inconsistent rates: equity STCG at 15%, equity LTCG at 10% above ₹1 lakh, property LTCG at 20% with indexation, and separate treatments for gold, debt funds, and unlisted shares. The Finance (No. 2) Act, 2024 unified this significantly — at the cost of higher rates on some assets and the removal of inflation protection through indexation.
Every capital gains calculation for FY 2025-26 must identify whether the asset was sold before or on/after July 23, 2024. Sales before this date follow the pre-amendment rates. For most taxpayers filing AY 2026-27 returns, all relevant transactions will fall under the new framework.
| Asset Class | LTCG Holding Period | STCG Holding Period |
|---|---|---|
| Listed equity shares, equity mutual funds, business trust units (STT paid) | More than 12 months | 12 months or less |
| Immovable property (land, buildings) | More than 24 months | 24 months or less |
| Unlisted shares | More than 24 months | 24 months or less |
| Gold, bonds, unlisted debt instruments | More than 24 months | 24 months or less |
| Debt mutual funds (equity < 35%) | No LTCG benefit — always slab rate | Always slab rate |
| Asset Type | Holding | Section | Tax Rate | Key Note |
|---|---|---|---|---|
| Listed equity, equity MFs (STT paid) | STCG ≤12 months | 111A | 20% | Flat rate; slab does not apply |
| Listed equity, equity MFs (STT paid) | LTCG >12 months | 112A | 12.5% | First ₹1,25,000/year exempt |
| Property, gold, unlisted shares, bonds | LTCG >24 months | 112 | 12.5% (no indexation) | Pre-July 2024 property: 20% with indexation option available |
| Property, gold, unlisted shares | STCG ≤24 months | General | Slab rate | Added to total income |
| Debt mutual funds (equity < 35%) | Any period | Proviso Sec 112 | Slab rate | No LTCG benefit; Finance Act 2023 |
Surcharge note: For LTCG under Sections 111A and 112A, the maximum surcharge is capped at 15% even for incomes above ₹5 crore. For Section 112 (property/gold LTCG), normal surcharge rates up to 37% apply. Health and Education Cess of 4% applies on all capital gains tax.
Indexation adjusts a property's purchase cost upward using the Cost Inflation Index (CII), reducing the computed capital gain. The Finance (No. 2) Act, 2024 removed this benefit for most assets transferred on or after July 23, 2024 — with one critical grandfathering exception for immovable property.
Grandfathering clause for immovable property: Resident individuals and HUFs selling land or buildings acquired before July 23, 2024 may choose whichever is lower between:
This option does not apply to companies, LLPs, or non-resident individuals selling property in India. For new purchases (on/after July 23, 2024), only Option A (12.5% without indexation) is available.
CBDT notified CII = 376 for FY 2025-26 via Notification No. 70/2025 (July 1, 2025). Base year: FY 2001-02 = 100.
| Purchase Year | CII | Indexed Cost Multiplier to FY 2025-26 | Option B Likely Beneficial? |
|---|---|---|---|
| FY 2001-02 | 100 | 3.76× | ✅ Very likely |
| FY 2005-06 | 117 | 3.21× | ✅ Likely |
| FY 2010-11 | 167 | 2.25× | ✅ Often yes |
| FY 2015-16 | 254 | 1.48× | ⚖ Depends on gain size — compute both |
| FY 2020-21 | 301 | 1.25× | ❌ Option A often lower |
| FY 2024-25 | 363 | 1.04× | ❌ Option A clearly lower |
The earlier the purchase year, the higher the indexed cost multiplier, and the more likely Option B (20% with indexation) produces lower tax. Always compute both options — use our Capital Gains Calculator for instant comparison.
Riya purchased a flat in FY 2015-16 for ₹40,00,000 and sold it in FY 2025-26 for ₹90,00,000. Property was acquired before July 23, 2024, so she can choose between both options.
| Option A: 12.5% without indexation | Option B: 20% with indexation | |
|---|---|---|
| Sale price | ₹90,00,000 | ₹90,00,000 |
| Cost / Indexed cost | ₹40,00,000 | ₹40,00,000 × (376÷254) = ₹59,21,260 |
| Capital gain | ₹50,00,000 | ₹30,78,740 |
| Tax rate | 12.5% | 20% |
| Tax (before cess) | ₹6,25,000 | ₹6,15,748 |
| Tax (with 4% cess) | ₹6,50,000 | ₹6,40,378 |
| Better option? | — | ✅ Option B saves ~₹9,622 |
For property purchased in FY 2010-11 or earlier, the indexed multiplier exceeds 2.25× and Option B savings are substantially larger. Always run the numbers before filing.
Arjun invested ₹5,00,000 in a Nifty 50 index fund on June 1, 2023 and sold on October 15, 2025 for ₹8,20,000. Held more than 12 months — qualifies as LTCG under Section 112A. No indexation option available for equity.
Planning tip: The ₹1.25 lakh exemption resets on April 1 each year. Splitting the redemption across two financial years could have saved Arjun approximately ₹16,250 — by applying two ₹1.25 lakh windows instead of one.
LTCG on property can be reduced or deferred through qualified reinvestment. These exemptions apply to LTCG only and are available regardless of which income tax regime (old or new) you use — they govern the transaction, not the regime choice.
| Section | Asset Sold | Reinvestment Required | Cap | Deadline |
|---|---|---|---|---|
| 54 | Residential property | Purchase or construct another residential property in India | ₹10 crore (Budget 2023 cap) | Purchase: 1 yr before / 2 yrs after. Construction: 3 yrs after sale |
| 54F | Any LTCG asset except residential property | Full net sale proceeds invested in one residential property | ₹10 crore cap on gains; full sale consideration must be invested | Same as Section 54 |
| 54EC | Any long-term capital asset | NHAI / RECL / REC / other specified bonds | ₹50,00,000 per year | Within 6 months of sale date |
| Gold Instrument | Holding for LTCG | LTCG Rate | Key Benefit |
|---|---|---|---|
| Physical gold / Gold ETF / Gold FoF | >24 months | 12.5% (no indexation, post-July 2024) | — |
| Sovereign Gold Bond — held to maturity | N/A | Fully exempt | Capital gain at RBI redemption is entirely tax-free |
| SGB — sold on stock exchange (LTCG) | >12 months | 12.5% | Listed instrument; equity holding period applies |
SGB maturity proceeds are completely exempt from capital gains tax — making them the most tax-efficient gold holding. Note that the RBI has not issued new SGB tranches since January 2024. Existing SGB holders continue to benefit from the maturity exemption.