Capital Gains Tax Changes for 2026: Complete Guide
Last updated: 2026-08-02
The Finance (No. 2) Act, 2024 introduced major changes to the capital gains tax regime in India, effective from July 23, 2024 — simplifying the structure but also removing long-standing benefits like indexation. These changes are now in full effect for FY 2026-27. This guide covers every change: the new LTCG rate of 12.5%, the increased STCG rate of 20%, removal of indexation, revised holding periods, and grandfathering provisions — all with practical examples.
Bottom line for 2026: LTCG on non-equity assets now at 12.5% (down from 20% with indexation). Equity LTCG at 12.5% (up from 10%). STCG on equity at 20% (up from 15%). Indexation removed for all assets. Holding period for immovable property reduced to 24 months. Use the DesiCalc Income Tax Calculator to compute your capital gains tax.
Overview of Capital Gains Changes (Effective July 23, 2024)
The capital gains tax structure in India was overhauled by the Finance (No. 2) Act, 2024, effective July 23, 2024, with the following key objectives: simplifying the tax framework, removing the distinction between asset classes for LTCG rates, and broadening the tax base. The changes apply to all transfers made on or after July 23, 2024, and remain in effect for FY 2026-27.
| Change | Old Regime (Pre-2026) | New Regime (From FY 2026-27) |
|---|---|---|
| LTCG rate (equity) | 10% (over ₹1L) — no indexation option | 12.5% (over ₹1.25L) |
| LTCG rate (non-equity) | 20% with indexation | 12.5% (no indexation) |
| STCG rate (equity) | 15% | 20% |
| Indexation benefit | Available for LTCG on non-equity assets | Removed for all assets |
| Holding period (immovable) | 36 months for long-term | 24 months for long-term |
| Holding period (listed securities) | 12 months | 12 months (unchanged) |
| LTCG exemption limit | ₹1,00,000 | ₹1,25,000 |
LTCG on Equity — 12.5% (Up from 10%)
Long-term capital gains (LTCG) on equity shares and equity-oriented mutual funds are now taxed at a flat 12.5% for gains exceeding ₹1.25 lakh in a financial year. Previously, gains up to ₹1 lakh were exempt, and the excess was taxed at 10% without indexation. No indexation option ever existed for equity LTCG.
The exemption threshold has been raised to ₹1.25 lakh, but the rate has increased from 10% to 12.5%. For most investors with moderate holding periods (1-5 years), the tax outgo may be slightly higher.
Example — Equity shares held for 3 years: Bought at ₹5,00,000, sold at ₹9,00,000. Gain: ₹4,00,000. Old: Exempt ₹1L, taxed ₹3L at 10% = ₹30,000. New: Exempt ₹1.25L, taxed ₹2.75L at 12.5% = ₹34,375. Effective increase: ₹4,375.
STCG on Equity — 20% (Up from 15%)
Short-term capital gains (STCG) from equity shares and equity-oriented mutual funds have been hiked from 15% to 20%. STCG arises when listed equity shares or equity mutual fund units are sold within 12 months of acquisition. The increased rate applies to all STCG transactions executed on or after April 1, 2026.
This change specifically impacts day traders, short-term investors, and those who frequently churn their portfolios. For a trader earning ₹2 lakh in STCG, the tax increases from ₹30,000 to ₹40,000 — a 33% increase in tax liability.
Indexation Removed for All Assets
One of the most significant changes is the complete removal of indexation for computing LTCG on all assets. Indexation previously allowed taxpayers to adjust the purchase price of an asset for inflation using the Cost Inflation Index (CII), thereby reducing the taxable capital gain. This was especially beneficial for real estate, debt funds, and gold held over long periods.
Note on CII values: CII for FY 2026-27 has not yet been notified by CBDT (last notified: 376 for FY 2025-26). The examples below use an estimated CII of 390 for FY 2026-27, based on ~3.5% annual growth in notified CII values. Actual CII, once notified, may differ.
Now, all LTCG is simply calculated as: Sale Price minus Cost of Acquisition. The resulting gain is taxed at 12.5%. While the headline rate has come down from 20% to 12.5%, the removal of indexation means that for assets held over very long periods (10-20 years), the effective tax rate may actually be higher.
Example — Real estate held for 15 years: Bought in 2011 for ₹30,00,000. Sold in 2026 for ₹1,20,00,000. Nominal gain: ₹90,00,000.
- Old method (20% with indexation): CII for 2011-12: 184, CII for 2026-27 (est): 390. Indexed cost: ₹30L — 390/184 = ₹63,58,696. Taxable gain: ₹1,20L - ₹63,58,696 = ₹56,41,304. Tax at 20%: ₹11,28,261.
- New method (12.5% without indexation): Taxable gain: ₹1,20L - ₹30L = ₹90,00,000. Tax at 12.5%: ₹11,25,000.
- Difference: Minimal — old regime is only ₹3,261 more expensive. The new rate becomes increasingly beneficial for shorter holding periods.
Holding Period Changes
The holding period required to qualify for long-term capital gains treatment has been revised for immovable property:
| Asset Class | Old Holding Period (LTCG) | New Holding Period (LTCG) |
|---|---|---|
| Listed equity shares | 12 months | 12 months (unchanged) |
| Equity-oriented mutual funds | 12 months | 12 months (unchanged) |
| Immovable property (land, building, house) | 36 months | 24 months |
| Unlisted shares | 24 months | 24 months (unchanged) |
| Debt mutual funds (with < 35% equity) * | 36 months | 24 months |
| Gold / Gold ETFs | 36 months | 24 months |
* For debt mutual funds purchased on or after April 1, 2023 (Finance Act 2023), the LTCG/STCG distinction no longer applies — all gains are taxed at slab rates regardless of holding period. The holding periods shown here apply only to funds purchased before April 1, 2023.
The reduction of the holding period to 24 months for immovable property is a welcome change, allowing homeowners and real estate investors to sell properties after just 2 years and still qualify for LTCG treatment (12.5% rate) instead of STCG (which is taxed at slab rates).
Grandfathering Provisions
Grandfathering provisions protect gains that accrued before the rate change from being taxed at the new higher rates. The rules differ by asset type:
- Listed equity shares and equity MFs: For assets acquired before the budget date, the cost of acquisition is taken as the higher of: (a) the actual cost of acquisition, or (b) the fair market value (FMV) as on the budget date. The FMV is the highest price quoted on a recognized stock exchange on that date. This ensures only post-budget appreciation is taxed.
- Real estate and unlisted assets: No universal FMV grandfathering applies. The cost of acquisition remains the actual purchase price. The benefit of the lower 12.5% rate (down from 20% with indexation) applies automatically to all sales after the change date.
- Impact: For equity investors, any appreciation up to the budget date remains tax-free. Only gains after this date are taxed at the new rates. For other asset holders, the lower headline rate of 12.5% provides the transitional benefit.
Grandfathering example — Equity shares: Bought 100 shares of XYZ Ltd at ₹1,000 each in 2020. FMV on Feb 1, 2026: ₹2,500 per share. Sold in August 2026 at ₹3,000 per share. Cost for tax purposes: ₹2,500 (higher of ₹1,000 or ₹2,500). Capital gain: (₹3,000 - ₹2,500) — 100 = ₹50,000. Since gain is below ₹1.25L exemption, no LTCG tax payable.
Capital Gains Tax Rates — Pre vs Post July 23, 2024
| Scenario | Pre-July 23, 2024 | Post-July 23, 2024 | Lower Tax |
|---|---|---|---|
| Equity LTCG — held 2 yrs (₹5L gain) | ₹40,000 (10% on ₹4L) | ₹46,875 (12.5% on ₹3.75L) | Pre-2024 |
| Equity STCG (₹2L gain) | ₹30,000 (15%) | ₹40,000 (20%) | Pre-2024 |
| Real estate — held 5 yrs (₹40L gain) | ₹5,00,000 (20% with indexation approx) | ₹5,00,000 (12.5% without indexation) | Similar |
| Real estate — held 15 yrs (₹90L gain) | ₹11,28,261 (20% with indexation) | ₹11,25,000 (12.5% without indexation) | Similar |
| Real estate — held 3 yrs (₹15L gain) | ₹2,50,000 (20% with minimal indexation) | ₹1,87,500 (12.5% without indexation) | Post-2024 |
| Gold — held 10 yrs (₹5L gain) | ₹50,000 (20% with indexation approx) | ₹62,500 (12.5%) | Pre-2024 |
Calculation Examples
Example 1: Real Estate Sale — Held for 5 Years
Property purchased in June 2021 for ₹50,00,000. Sold in July 2026 for ₹90,00,000. Holding period: 5 years 1 month (> 24 months, so LTCG).
- Full sale price: ₹90,00,000
- Cost of acquisition: ₹50,00,000
- LTCG: ₹40,00,000
- Tax at 12.5% (no indexation): ₹5,00,000
- Add 4% health and education cess: ₹20,000
- Total tax payable: ₹5,20,000
- Under old regime (20% with indexation): CII 2021-22: 317, CII 2026-27 est: 390. Indexed cost: ₹50L — 390/317 = ₹61,51,420. Taxable gain: ₹28,48,580. Tax at 20%: ₹5,69,716 + cess = ₹5,92,505.
- Difference: New regime saves ₹72,505 for this 5-year holding period — the 12.5% rate without indexation is already better for moderately held assets.
Example 2: Equity Shares — Short-term Trade
Bought 500 shares of ABC Ltd at ₹1,200 in January 2026. Sold at ₹1,500 in June 2026 (holding period: 5 months, so STCG).
- Sale value: 500 — ₹1,500 = ₹7,50,000
- Cost: 500 — ₹1,200 = ₹6,00,000
- STCG: ₹1,50,000
- Tax at 20%: ₹30,000
- Add 4% cess: ₹1,200
- Total tax payable: ₹31,200 (vs ₹23,400 under old 15% rate)
Example 3: Debt Mutual Funds — Held for 3 Years
Investment of ₹5,00,000 in a debt fund in March 2023 (before the Finance Act 2023 ended indexation for new debt fund purchases). Redeemed in May 2026 for ₹6,50,000. Holding period: 3 years 2 months.
- LTCG (holding period now > 24 months for debt funds): ₹1,50,000
- Tax at 12.5%: ₹18,750
- Add cess: ₹750
- Total tax: ₹19,500
- Under old regime (for funds purchased before April 1, 2023): Indexed cost with CII 2022-23 (331) to 2026-27 (est): ₹5L — 390/331 = ₹5,89,124. Gain: ₹60,876. Tax at 20%: ₹12,175 + cess = ₹12,662.
- Difference: New regime is ₹6,838 more expensive for this pre-April 2023 investment — indexation still provided significant relief for long-held debt funds.
Capital Gains Exemptions (Still Available)
The following exemptions on capital gains continue to be available under the new regime:
| Section | Exemption | Conditions |
|---|---|---|
| 54 | LTCG on sale of residential house | Reinvest in another residential house within 1 year before or 2 years after sale; or construct within 3 years. |
| 54F | LTCG on sale of any asset (not house) | Reinvest entire net sale consideration in a residential house within the specified period. |
| 54EC | LTCG reinvested in specified bonds | Invest in REC/NHAI/PFC bonds within 6 months. Max investment: ₹50 lakh. Lock-in: 5 years. |
| 54B | LTCG on transfer of agricultural land | Reinvest in agricultural land within 2 years. |
| 54EE | LTCG reinvested in start-ups | Invest in SEBI-approved fund of funds. Max: ₹50 lakh. Lock-in: 3 years. |
Frequently Asked Questions
Related Resources
- Income Tax Calculator FY 2026-27 — Compute your total tax including capital gains.
- Old vs New Tax Regime Comparison — Understand which income tax regime suits you.