LTCG vs STCG on Property — Quick Guide
| Factor | LTCG (Held >2 years) | STCG (Held ≤2 years) |
|---|---|---|
| Tax rate | 12.5% (no indexation — post July 2024) | Slab rate (up to 30% + cess) |
| Indexation | Not available after July 23, 2024 | Not applicable |
| Section 54 exemption | Available — reinvest in house property | Not available |
| Section 54EC exemption | Available — invest in bonds | Not available |
| When to sell | Ideally after 2 years for lower rate | Unavoidable — pay slab rate |
Budget 2024 change: The Union Budget 2024 (effective July 23, 2024) reduced LTCG rate from 20% with indexation to 12.5% without indexation. For long-held properties, the removal of indexation can result in higher tax in some cases. Always compute tax under both the old and new regimes for properties purchased before July 2024 and use whichever is beneficial if that option exists for your situation — consult a CA.
How to Calculate Capital Gains on Property
| Step | Description | Example |
|---|---|---|
| 1. Sale consideration | Price at which property sold (or stamp duty value, whichever higher) | ₹1,20,00,000 |
| 2. Cost of acquisition | Purchase price + stamp duty + registration + improvements | ₹65,00,000 |
| 3. Transfer expenses | Brokerage, legal fees for the sale | ₹1,50,000 |
| 4. Capital Gain | Sale consideration − Cost − Transfer expenses | ₹53,50,000 |
| 5. Tax (LTCG at 12.5%) | ₹53,50,000 × 12.5% | ₹6,68,750 |
How to Save Capital Gains Tax — Key Exemptions
Capital Gains Tax Saving Options
- Section 54: Reinvest LTCG in one residential house — purchase within 2 years or construct within 3 years. Full exemption on reinvested amount. Must not sell new property within 3 years.
- Section 54EC: Invest up to ₹50 lakh in notified bonds (NHAI, REC) within 6 months of sale. 5-year lock-in.
- Section 54F: For LTCG from sale of any asset (not just property) — invest full sale consideration in one residential house.
- Capital Gains Account Scheme: Park capital gains in a designated bank account before the ITR due date if you haven't yet invested — preserves your exemption window.
Related Terms
Frequently Asked Questions
Capital gains tax is the tax on profit from selling a property. If held more than 2 years — Long-Term Capital Gains (LTCG) taxed at 12.5% without indexation (post July 2024). If held 2 years or less — Short-Term Capital Gains (STCG) taxed at your income slab rate. Stamp duty and registration paid on purchase add to your cost base, reducing taxable gain.
LTCG on property sold after July 23, 2024 is taxed at 12.5% without indexation. Before that date, it was 20% with indexation benefit. For properties purchased before July 2024, both regimes may be available — consult a CA to compute which is more beneficial for your specific situation.
Key exemptions: Section 54 — reinvest LTCG in a new residential house within 2 years (purchase) or 3 years (construction). Section 54EC — invest up to ₹50 lakh in NHAI/REC bonds within 6 months. Use Capital Gains Account Scheme to preserve your reinvestment window. For NRIs, additional provisions apply. Consult a CA for your specific situation.
Yes. The cost of acquisition includes purchase price, stamp duty paid, registration charges, brokerage paid at time of purchase, and any improvement costs (renovation, extension) undertaken during ownership. All these reduce your capital gain — keep all receipts and documents from the time of purchase.
If you sell a property received as a gift, capital gains are computed based on the original purchase cost of the previous owner (not the gift deed value). The holding period also counts from the date the previous owner purchased it. So a property gifted to you but originally purchased 10 years ago qualifies as long-term from the original purchase date.