Short Term Capital Gain Tax Exemption – Complete Rules Guide

TaxJan 2, 20266 Min min read
LJ
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Key Takeaways 

 

  • Short term capital gains India on listed equity shares are taxed at 15 percent under Section 111A. This rate applies only when Securities Transaction Tax is paid. The rule is prescribed by the Income Tax Department.
     
  • The short term capital gain tax exemption limit applies only when total income stays within the basic exemption slab, which is ₹2,50,000 under the old tax regime.
     
  • You can reduce your short term capital gain tax on shares by adjusting basic exemption limits or eligible losses, as explained on the official income tax portal.
     

Short term capital gain tax exemption refers to specific income tax reliefs available when you earn profits by selling assets within a short holding period, as defined under the Income Tax Act.

According to the Income Tax Department, short term capital gains arise when equity shares are sold within 12 months and property within 24 months. For example, equity gains taxed under Section 111A attract a fixed 15 percent rate.

I bought listed shares for ₹1,00,000 and sold them after six months for ₹1,20,000. The ₹20,000 profit becomes short term capital gain tax on shares and is taxed at 15 percent under Section 111A.

Bonus Tip: The Income Tax Department confirmed the continued applicability of Section 111A rates in the latest ITR utilities released for AY 2025-26, ensuring stability in short-term capital gain tax on shares calculations.

Eligibility Criteria for Short Term Capital Gain Tax Exemption 

You must meet specific eligibility conditions defined by the Income Tax Department before you claim any exemption.
 

Eligibility Condition

Rule

Asset holding period

Less than 12 months for equity shares

STT applicability

Mandatory for Section 111A benefits

Income slab

Total income within the basic exemption limit

Tax regime

The old regime is only for slab adjustment


These rules decide whether you can adjust gains against exemption limits.

Deduction Limits Under Short Term Capital Gain 

This deduction under short term capital gain helps you calculate taxes correctly:
 

Category

Deduction Rule

Equity shares under Section 111A

No direct deduction allowed

Basic exemption adjustment

Allowed if income is below ₹2,50,000

Non-equity assets

Taxed as per slab rates

Loss adjustment

Short term losses can be set off


The short term capital gain tax exemption limit does not offer blanket relief like long-term gains. However, if your total income is below the exemption slab, you can adjust gains accordingly. This applies only under the old tax regime.

Required Documents for Short Term Capital Gain Tax Exemption 

Keep these documents ready to help you file returns smoothly:
 

Document

Purpose

Contract notes

Proof of purchase and sale

Broker statement

Transaction summary

Property sale deed

For property-related gains

Purchase agreement

Cost verification

Form 26AS

Tax credit confirmation


All these documents are required as per the Income Tax Department guidelines. They support the calculation of short term capital gains India during assessment.

How to Claim Short Term Capital Gain Deduction in ITR? 

Proper filing ensures that the exemption claim is accepted without issues.

  1. Select the correct ITR form based on income type. Use ITR-2 for capital gains without business income and ITR-3 when business or professional income is also reported.
  2. Declare all short term capital gains under Schedule CG using accurate transaction details from contract notes or sale deeds.
  3. Apply the basic exemption slab adjustment only if total income is within the threshold and the old tax regime is chosen.
  4. Verify that Securities Transaction Tax has been paid on equity share transactions to qualify for Section 111A treatment.
  5. Submit the income tax return and complete e-verification within the prescribed timeline to validate the filing.

The short term capital gain tax rate of 15 percent applies automatically to gains covered under Section 111A. The short term capital gain tax exemption limit in new tax regime does not allow slab adjustment. For property transactions, short term capital gain tax exemption on sale of property is taxed as per applicable income slab rates.

Conclusion

Short term capital gains quietly shape many everyday money decisions. A small profit today can turn into a tax bill tomorrow if the rules are not known. The tax rates and limits help you keep more of your money. You should gather your paperwork and check the rules before you sell an asset. This simple step keeps your tax return accurate and helps you avoid getting a notice from the government..

FAQs Related to Short Term Capital Gain Tax Exemption 

1. How can short term capital gains tax be legally reduced in India?

Short term capital gains tax in India can be reduced by adjusting gains against the basic exemption limit under the old tax regime, if total income is below the threshold. Short term capital losses can also be set off against gains. No direct exemption is available for equity gains under Section 111A.

2. Why is rollover exemption not available on short term capital gains?

Rollover exemptions are not allowed on short term capital gains because the Income Tax Act encourages long-term investments. Short holding periods are treated as quick transactions and are therefore taxed immediately without reinvestment relief, unlike long-term capital gains under Sections 54 and 54F.

3. How do short term capital gains and losses work together for tax purposes?

Short term capital losses can be set off against both short term and long term capital gains in the same financial year. If losses remain unused, they can be carried forward for up to eight assessment years, provided the return is filed on time.

4. How is short term capital gains tax calculated when a house is sold before the holding period?

When a residential property is sold before completing the required holding period, the gain is treated as short term capital gain. The profit is added to total income and taxed according to applicable income slab rates. No long-term exemptions apply in such cases.

5. Is short term capital gain tax applicable even if the sale amount is small?

Yes, short term capital gain tax applies regardless of the transaction value. Taxability depends on the holding period and asset type, not the gain amount. However, tax may not be payable if total income, including gains, remains within the basic exemption limit under the old tax regime.

 

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Short Term Capital Gain Tax Exemption – Complete Rules Guide