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The Tax Implications of Indian Equity Investments

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The Tax Implications of Indian Equity Investments

Many investors just focus on selecting the right stocks or timing their trades but overlook the tax consequences that follow. If you invest in the Indian equity market, then it is important for you to understand how your earnings from investments are taxed. 

Let us discuss the types of capital gains, the applicable tax rates, recent changes, loss set-offs, and how to calculate your tax liability. You will also find examples to help you understand how this works in real life. By the end, you should be equipped to handle your equity-related tax obligations efficiently.

Understanding Tax on Equity

Income from the sale of equity shares is not taxed under the regular income tax slabs. Instead, it is categorised as ‘Capital Gains’ and taxed differently based on how long the investment is held before being sold. This defines whether your gain is short-term or long-term. The two categories of capital gains from equity investments are:

Short-Term Capital Gain Tax on Equity Shares

When you sell listed equity shares or equity-based mutual funds within 12 months of purchase, the profit made is considered a short-term capital gain. Effective July, 2024, the short-term capital gains tax on listed equity shares was increased from 15% to 20%

Key Points:

  • Applicable on shares listed on recognised Indian stock exchanges and all equity-oriented mutual funds.
  • No indexation benefit is available.
  • If you incur a short-term capital loss, it can be set off against both short- and long-term gains.

Long-Term Capital Gain Tax on Equity Shares

If you sell your listed equity investments after holding them for more than 12 months, the profit qualifies as a long-term capital gain. Earlier, LTCG on equity shares exceeding ₹ 1 lakh was taxed at 10% without indexation benefits.

However, with effect from July 2024, changes were introduced:

  • Exemption limit increased to ₹ 1.25 lakh.
  • Tax rate increased to 12.5% on the gains exceeding the exemption limit.

Key Points:

  • Gains below ₹ 1.25 lakh in a financial year are tax-free.
  • No indexation benefit is provided.
  • The grandfathering clause applies to gains accrued up to January 31, 2018. Any gains from that date onwards are subject to LTCG tax as per the prevailing rates.

Calculating Capital Gains on Equity Shares

Short-Term Capital Gains Formula:

STCG = Full Sale Value – Transfer Expenses – Purchase Cost

Items included in expenses:

  • Brokerage
  • Transaction charges
  • Securities Transaction Tax (STT)

Long-Term Capital Gains Formula:

LTCG = Sale Price – Acquisition Cost (As per Grandfathering Rule)

Where Acquisition Cost is the higher of:

  • Actual purchase price
  • Lower of FMV on 31 January 2018 and sale price

Set-off and Carry Forward of Capital Losses

Short-Term Capital Loss (STCL)

  • Can be set off against any capital gains (short-term or long-term).
  • Unused loss can be carried forward for 8 years.

Long-Term Capital Loss (LTCL)

  • Can only be set off against long-term capital gains.
  • Also allowed to be carried forward for 8 years.

Note: Losses can only be carried forward if the income tax return is filed within the due date.

Examples

Example 1: Short‑Term Capital Gain (STCG)

Consider this scenario: in November 2024, Kuldeep, a schoolteacher from Jaipur, decided to try his hand at equity trading. He researched a mid‑cap company that had good quarterly results. On 1 November, he purchased 250 shares at ₹ 155 each, spending ₹ 38,750. Over the next few weeks, positive market sentiment drove the share price up. By 20 March 2025, just 4.5 months later, Kuldeep sold all 250 shares at ₹ 192 apiece, fetching ₹ 48,000. His broker charged 0.5% brokerage, amounting to ₹ 240.

  • Sale Consideration: ₹ 48,000
  • Less: Brokerage (0.5%): ₹ 240
  • Net Sale: ₹ 47,760
  • Less: Cost of Acquisition: ₹ 38,750
  • STCG: ₹ 9,010

Since short‑term capital gain tax on equity is 20%, 

Kuldeep’s liability = 20% of ₹ 9,010 = ₹ 1,802.

Example 2: Long‑Term Capital Gain (LTCG)

In January 2022, Anjali, an IT professional in Bangalore, decided to invest for her child’s education. She bought ₹ 100,000 worth of shares in a blue‑chip company. She held them patiently for over 28 months, and in May 2024 sold them for ₹ 300,000, realising a long‑term gain of ₹ 200,000.

  • Total LTCG: ₹ 200,000
  • Exemption Limit: ₹ 125,000 per year 
  • Taxable Gain: ₹ 200,000 – ₹ 125,000 = ₹ 75,000
  • LTCG Tax on Equity Shares (12.5%): 12.5% of ₹ 75,000 = ₹ 9,375

Anjali files her return on time, claims her exemption and pays ₹ 9,375, showing how capital gain tax on equity shares only kicks in above the ₹ 1.25 lakh threshold.

Example 3: No LTCG Tax Below Exemption

Rajesh, a retired chartered accountant from Pune, purchased shares worth ₹ 50,000 in March 2023, intending to keep them for at least a year. By April 2025, rising markets took their value to ₹ 1.6 lakh giving him a ₹ 1.1 lakh gain. Since this is below the ₹ 1.25 lakh exemption, Rajesh owes no tax on his LTCG.

  • Total LTCG: ₹ 1.6 lakh – ₹ 50,000 = ₹ 1.1 lakh
  • Exemption: ₹ 1.25 lakh
  • Tax Payable: Nil

Conclusion

A clear understanding of tax on equity ensures you keep more of your returns and avoid unexpected liabilities. Whether you hold an investment for just a few months or several years, short‑term and long‑term gains carry distinct tax rates and exemption limits. You must record purchase and sale details accurately, claim applicable exemptions (₹ 1.25 lakh for LTCG), and file your return by the due date to benefit from loss‑carry‑forward provisions.

Capital gain tax on equity investments doesn’t apply at slab rates but follows the special 20% rate for STCG and the 12.5% rate above the exemption for LTCG. By planning your buy‑and‑sell timing, maintaining meticulous records, and engaging a tax advisor if needed, you can optimise your post‑tax returns. Staying informed about legislative changes, such as the July 2024 revision, is crucial. Being informed allows you to plan your investments better, avoid surprises during tax season, and make decisions that are both financially and legally sound.

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FAQ

What rate of tax applies to short‑term capital gains on equity?

Short‑term capital gains (shares held ≤ 12 months) are taxed at 20%, effective from July 2024. This rate replaced the earlier 15% on listed equity shares.

How much long‑term capital gain is exempt each year?

You may claim an exemption of up to ₹ 1,25,000 on long‑term gains (shares held >12 months). Only gains above this limit attract the 12.5% LTCG tax on equity.

Is indexation allowed for equity capital gains?

No. Indexation benefits apply to debt assets but not to equity shares or equity‑oriented funds. Both STCG and LTCG on equity use unindexed cost.

Can I offset my short‑term capital loss against long‑term gains?

Yes. A short‑term capital loss can be set off against gains of either category in the same year. Any leftover loss may be carried forward for up to eight years, provided you file your return before the due date.

What if my LTCG in a year is ₹ 1.24 lakh?

Since this is below the ₹ 1.25 lakh exemption, you owe no capital gain tax on equity shares that year. Only amounts above the exemption limit are taxed.

How is acquisition cost calculated under the grandfathering clause?

Use the greater of: (a) actual purchase price, or (b) the lower of FMV as on 31 Jan 2018 and sale price. This protected gains accrued before the 2018 reintroduction of LTCG tax.

Do I need to file a tax return if I only incur capital losses?

Yes. To carry forward either STCL or LTCL, you must file your ITR before the due date, even if you have no other taxable income.

Are brokerage and STT deductible when computing capital gains?

Yes. When calculating both STCG and LTCG, you deduct transaction‑related expenses like brokerage, Securities Transaction Tax, and other transfer charges to arrive at net gain.

How are intraday trading profits taxed compared to delivery‑based trading?

Intraday gains are treated as “business income” and taxed at your slab rate. Delivery‑based gains fall under capital gains and attract the special tax on equity rates.

Can I choose to treat listed share gains as business income?

Yes, under CBDT Circular No. 6/2016, you can choose to treat listed share gains as business income, and this choice generally persists. Business‑income treatment allows you to deduct additional business‑related expenses but subjects gains to slab rates rather than capital gain tax slabs.