Capital gains taxation in new income tax bill: The new Income Tax bill will replace the existing Income Tax Act, 1961

Has STCG, LTCG taxation changed in new Income Tax Bill, 2025? Know the latest capital gains tax The new bill is being brought to consolidate and amend the existing law. Does the new Income Tax Bill has made any changes in the capital gains tax regime?

Many equity investors wonder if the new income tax bill, 2025 will change the capital gains tax regime. It is important to note that the capital gains tax regime was changed in Budget 2024, as presented in July. According to government sources, there is likely to be no change in the capital gains tax regime in the new Income Tax Bill, 2025. The new legislation will likely be tabled in Parliament tomorrow (February 13, 2024).

The tax experts expect no new change in the tax rates for incomes and capital gains. There was no change in capital gains structure in Budget 2025, as a result, the capital gains taxation will remain the same as the current one.

Current capital gains tax regime
To rationalise the complex capital gains structure prevailing till July 22, 2024, the government introduced a simplified capital gains tax regime from July 23, 2024. The capital assets that are now taxed under the capital gains regime are divided into two categories - a) listed securities and b) unlisted securities and non-financial securities.

The holding period to define capital gains as short-term or long-term is different for both categories of capital assets.

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    Short-term capital gains on listed securities: Gains arising from the sale of listed securities, such as equity and equity-oriented mutual funds, will be short-term in nature if the capital asset is sold before the completion of 1-year from the date of purchase.

    The short-term capital gains on listed securities will be taxed at 20%.

    Long-term capital gains on listed securities: Gains arising from the sale of shares and equity mutual funds will be long-term in nature if they are sold after the completion of 1 year from the purchase date. Further, an exemption is available on LTCG for up to Rs 1.25 lakh in a financial year. LTCG over and above Rs 1.25 lakh will be taxed at 12.5%.

    Short-term capital gains on unlisted securities and non-financial assets: Gains arising from the sale of unlisted shares, foreign shares, house property or any other capital asset that is not listed will be short-term if it is sold before the completion of 2 years from the purchase date. The capital gains will be taxed at income tax slabs applicable to their income.

    Long-term capital gains on unlisted securities and non-financial assets: Gains arising from the sale of unlisted shares, foreign shares, house property or any other capital asset that is not listed will be long-term if it is sold after the completion of 2 years from the purchase date. The capital gains will be taxed at 12.5%.
    However, the relief is provided to homebuyers who purchase their property on or before July 22, 2024. If the house property is purchased on or before July 22, 2024, and sold on or any time after July 23, 2024, then capital gains will be lower:
    • 12.5% without indexation, or
    • 20% with indexation.

    This story originally appeared on: India Times - Author:Faqs of Insurances