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What is Capital Gains?

Capital gains represent the increased value of an asset when it is sold. These gains are generally associated with investments such as stocks & funds, bonds, real estate, or something purchased for personal use like furniture or vehicles. It occurs when you sell an asset at higher prices than what you originally paid for.

The entire value earned from selling a capital asset is considered taxable income. To be eligible for taxation during a financial year, the transfer of a capital asset should take place in the previous fiscal year. When you sell a capital asset, the difference between the adjusted basis in the asset and the amount you realized from the sale is a capital gain or a capital loss.

Capital gains are realized when you sell a capital asset by subtracting the original purchase price from the sale price. According to the Income Tax Act, assets received as gifts or by inheritance are exempted in the calculation of income for an individual.

Buildings, lands, houses, vehicles, mutual funds, and jewelry are a few examples of capital assets. Also, the rights of management or legal rights over any company will be considered capital assets.

Example of Capital Gains

The profit earned on the sale of an asset that has increased in value while it was owned. For example, if you purchased 200 shares of Amazon (AMZN) stock on January 30, 2020, at $500 per share. You then decided to sell all the shares on Jan 30, 2024, at $950 each. Assuming there were no fees associated with the sale, you realized a capital gain of $45,000.

Here’s how: [($500 x 100) – ($950 x 100)] = $45,000.

Capital Gain vs Capital Erosion

Any profit or gain that arises from the sale of a ‘capital asset’ is known as income from capital gains. These gains are typically realized at the time that the asset is sold and include the type of investments, such as stocks, bonds, real estate, shares funds, etc. Almost everything someone owns and uses for personal or investment purposes is a capital asset.

On the other hand, capital erosion is a term that refers to the loss of value or purchasing power of an asset or investment over time. It can be caused by various factors, including inflation, depreciation, taxes, fees, market fluctuations, or poor performance.

Capital erosion can have a significant impact on the financial health and goals of individuals, businesses, and governments. It can reduce the income, savings, and wealth of investors, as well as the capital available for reinvestment, growth, and development. Hence, it is important to avoid or minimize capital erosion if you have long-term financial goals.

Types of Capital Gain

Types of Capital Cain

Depending on the tenure of holding an asset, capital gains can be broadly categorized into the following types:

Short-Term Capital Gain

If an asset is sold within one year or less, then the profits earned from it are known as short-term capital gains. However, tenure varies in the case of different assets. For mutual funds and listed shares, Long-term capital gain happens if an asset is sold after being held back for one year.

Long-Term Capital Gain

The profit earned by selling an asset that you’ve held for more than one year is known as long-term capital gains. Capital assets such as land, buildings, and house property shall be considered long-term capital assets if the owner holds them for a period of 24 months or more (from FY 2017-18). However, it is not applicable for movable assets such as jewellery, debt-oriented mutual funds, etc.

The federal tax rate for your long-term capital gains depends on where your taxable income falls in relation to three cut-off points, as outlined below:

Long-term Capital Gains Tax Rates for 2024

Filing StatusTaxed at 0%Taxed at 15%Taxed at 20%
SingleUp to $47,025More than $47,025 but less than or equal to $518,900Over $518,000
Married filing jointly and surviving spouseUp to $94,050More than $94,050 but less than or equal to $583,750Over $518,000
Married filing separatelyUp to $47,025More than $47,025 but less than or equal to $291,850Over $291,850
Head of HouseholdUp to $63,000More than $63,000 but less than or equal to $551,350Over $551,350

Current Holding Period Rules- Short-term vs Long-term Capital Gains

Type of Asset Holding Period for STCG Holding Period for LTCG
Listed Equity Shares 12 months or less More than 12 months 
Unlisted equity shares (including foreign shares)24 months or less More than 24 months 
Equity-oriented mutual fund units 12 months or lessMore than 12 months 
Debt-oriented mutual funds36 months or less More than 36 months 
Immovable Assets (i.e.house, land, and building)24 months or lessMore than 24 months
Moveable Assets (such as gold, silver, paintings, etc.)36 months or less More than 36 months 

Budget 2024 New Tax Rates – Short-term vs. Long-term Capital Gains

Type of Asset STCG Tax Rate LTCG Tax Rate 
Listed Equity Shares 20%12.5% (no indexation benefit; exempted up to Rs. 1.25 lakh in an FY)
Unlisted equity shares (including foreign shares)Income tax slab rate applicable to taxpayer income 12.5% (without any benefit of indexation) 
Equity-oriented mutual funds units 20%12.5% (no indexation benefit; exempted up to Rs. 1.25 lakh in an FY)
Debt-oriented mutual fundsIncome tax slab rate applicable to taxpayer income20% after indexation 
Immovable Assets (i.e.house, land, and building)Income tax slab rate applicable to taxpayer income12.5% (without any benefit of indexation) 
Moveable Assets (such as gold, silver, paintings, etc.)Income tax slab rate applicable to taxpayer income12.5% (without any benefit of indexation)

Assets to Invest for Capital Gain

Not all investments are eligible for the lower rates. The following are some assets that are and are not eligible.

Eligible AssetsNot Eligible
Stocks Business inventory
BondsDepreciable Business Property
Jewelry Real estate used by your business or as a rental property
Cryptocurrency (including NFTs) Copyrights, Patents, and Inventions
Homes and Household furnishings Literary or Artistic Compositions
Vehicles
Collectibles
Timber  
Fine artworks

The following are not included under capital assets; 

  • Any stock, consumables, or raw materials that are held for the purpose of business or profession.
  • Personal goods such as clothes or furniture that are held for personal use.
  • Land for agriculture in any part of rural India.
  • Special bearer bonds that were issued in 1991.
  • Gold bonds issued by the Central Government, such as the 6.5% gold bonds of 1977, 7% gold bonds of 1980, and national defense gold bonds of 1980.
  • Gold deposit bonds were issued under the Gold Deposit Scheme (1999), and deposit certificates were issued under the Gold Monetisation Scheme (2015) and Gold Monetisation Scheme (2019), which were introduced by the Central Government.

Calculation of Capital Gains

The calculations of capital gains depend on the type of assets and their holding period.  A few terms that an individual must know before calculating gains against their capital investments are here as follows:

  1. Full Value Consideration: The consideration received or to be received by the seller as a result of the transfer of his capital assets. Capital gains are chargeable to tax in the year of transfer, even if no consideration has been received.
  2. Cost of Acquisition: The cost of acquisition is the value of an asset when a seller acquires it.
  3. Cost of Improvement: The cost of improvement is the amount of expenses incurred by a seller in making any additions or alterations to a capital asset.

Calculate Short-term Capital Gains

Step 1: Start with the full value of consideration
Step 2: Deduct the following:
  • Total Expenditure incurred concerning the transfer of ownership 
  • Cost of acquisition
  • Cost of improvement
Step 3: From this resulting number, deduct exemptions provided under sections 54B/54D.
Step 4: The remaining amount is your short-term capital gain, which will be taxed

Calculate Long-Term Capital Gains

Step 1: Start with the full value of consideration
Step 2: Deduct the following:
  • Expenses related to transfer such as commission, brokerage, etc.
  • Indexed cost of acquisition
  • Indexed cost of improvement
Step 3: From this resulting number, deduct exemptions provided under sections 54, 54D, 54EC, 54F, and 54B.
Step 4: The remaining amount is your long-term capital gain which will be taxed.

Capital Gains Tax: An Overview

When stock shares or any other taxable investment assets are sold, the capital gains, or profits, are referred to as having been realized. The tax doesn’t apply to unsold investments or unrealized capital gains. Stock shares will not incur taxes until they are sold, no matter how long the shares are held or how much they increase in value.

Short-term gains occur on assets held for one year or less as these gains are taxed as ordinary income based on the individual’s tax filing status and adjusted gross income (AGI). On the other hand, long-term capital gains are taxed at a lower rate than regular income.

Under current U.S. federal tax policy, the capital gains tax rate applies only to profits from the sale of assets held for more than a year, referred to as long-term capital gains. The current rates are 0%, 15%, or 20%, depending on the taxpayer’s tax bracket for that year.

Many taxpayers pay a higher rate on their income than on any long-term capital gains they may have realized. This gives them a financial incentive to hold investments for at least a year, after which the tax on the profit will be lower.

Day traders and others taking advantage of the ease and speed of trading online need to be aware that any profits they make from buying and selling assets held less than a year are not just taxed—they are taxed at a higher rate than assets that are held long-term. If the investor owns the profits of any investment for more than one year, long-term capital gains tax applies. However, if the investor owns the investment for one year or less, short-term capital gains tax applies.

Capital Gain Tax Rates in Different Countries

Here’s a table to explain what is current corporate capital gain tax rate or individual capital gain tax rate is in different countries:

CountryHeadline corporate capital gains tax rate (%)Headline individual capital gains tax rate (%)
United States (US)21%20%
United Kingdom (UK)25%10% or 18%
United Arab Emirates (UAE)9%NA
SingaporeNANA
Australia 25%45%
India 15% or 20%Long-term capital gain:10%Short-term capital gain:15%
Brazil15% to 22.5%22.5%
China25%20%
Germany 29.9%25%, plus 5.5% solidarity surcharge on tax paid (in total 26.375% plus church tax if applicable)
France25%30%, plus exceptional income tax for high earners at 4%

How to Avoid Capital Gains Taxes?

If you want to invest money and make a profit, you will owe capital gains taxes on that profit. Below, we’ve listed a number of perfectly legal ways to minimize your capital gains taxes:

  • Hold your investment for more than one year. Otherwise, the profit is treated as regular income, and you’ll probably pay more.
  • Don’t forget that your investment losses can be deducted from your investment profits. The amount of the excess loss that you can claim to lower your income is $3,000 a year. Some investors use that fact to good effect. For example, they’ll sell a loser at the end of the year in order to have losses to offset their gains for the year. If your losses are greater than $3,000, you can carry the losses forward and deduct them from your capital gains in future years.
  • Keep track of any qualifying expenses that you incur in making or maintaining your investment. They will increase the cost basis of the investment and thus reduce its taxable profit.
  • Be mindful of tax-advantaged accounts. For instance, holding securities in a 401(k) or IRA may limit the liquidity you have in your investment and options to withdraw funds. However, you may have greater capabilities in buying and selling securities without incurring taxes on gains.
  • Seek out exclusions. For example, if you want to sell your house, ensure you understand rules that allow you to exclude a portion of gains from the house sale. You should be careful to intentionally meet criteria if you can to plan the timing of the sale and ensure you meet exclusion requirements.

How Are Capital Gains Taxed?

Capital gains are classified into two categories: short-term or long-term, depending on the holding period. Short-term gains are defined as gains realized in securities held for one year or less and are taxed as ordinary income based on the individual’s tax filing status and adjusted gross income. Long-term gains are defined as gains realized in securities held for more than one year and are usually taxed at a lower rate than regular income.

What Is Net Capital Gain?

The IRS (Internal Revenue Service) defines a net capital gain as the amount by which net long-term capital gain (long-term capital gains minus long-term capital losses and any unused capital losses carried over from prior years) exceeds net short-term capital loss (short-term capital gain minus short-term capital loss). A net capital gain may be subject to a lower tax rate than the ordinary income tax rate.

Bottom Line!

A capital gain or loss is the difference between what you paid for a capital asset (like bonds, mutual funds, ETFs, real property, or stocks) and what you sold it for. If you sell your investment assets (for example, assets that make investment income, such as dividend-paying stocks) for more than you bought it, you’ll have a capital gain — and vice versa, if you sell the asset for less than you bought it, you’ll have a capital loss.

Capital gains are the profits that are realized by selling an investment, such as stocks, bonds, shares, or real estate. Capital gains taxes are lower than ordinary income taxes, providing tax advantages to investors over wage workers. Based on the holding term and the taxpayer’s income level, the tax is computed using the difference between the asset’s sale price and its acquisition price, and it is subject to different rates.