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Short-Term Capital Gains Tax on Shares in India : Rate, Calculation, ITR & Examples
Quick Answer: If you sell listed equity shares within 12 months and the Securities Transaction Tax (STT) conditions are met, your short-term capital gain is taxed at 20% plus 4% cess (surcharge may apply on higher incomes). If you sell unlisted shares within 24 months, the gain is added to your income and taxed at your slab rate. Intraday equity and F&O profits are usually treated as business income, not capital gains.
At a Glance: STCG on Shares in 2026
| Scenario | Holding period | Tax treatment |
|---|---|---|
| Listed equity shares | 12 months or less | 20% (if STT conditions met) + 4% cess |
| Listed preference shares | 12 months or less | 20% if eligible, else slab rate |
| Unlisted equity shares | 24 months or less | Slab rate |
| Unlisted preference shares | 24 months or less | Slab rate |
| Intraday equity trades | Same day | Business income (speculative) |
| Futures & options | Any | Business income (non-speculative) |
| Equity-oriented mutual fund units | 12 months or less | 20% if STT conditions met |
What Is a Short-Term Capital Gain on Shares?
Listed Shares Sold Within 12 Months
Here's a simple case. If you buy listed shares for ₹4,00,000 and sell them eight months later for ₹5,00,000, the roughly ₹1,00,000 profit (after eligible expenses) is a short-term capital gain because you held the shares for less than 12 months.
Your Final Tax Treatment Depends on:
- Whether the shares are listed or unlisted
- How long you held them
- Whether the transaction met the STT conditions
- Whether you held the shares as an investment or as trading stock
- Your residential status
- The date you transferred the shares
Holding Period: Listed vs Unlisted Shares
The line between short-term and long-term depends on the type of share.
| Type of shares | Short-term if held for |
|---|---|
| Listed equity shares | 12 months or less |
| Listed preference shares | 12 months or less |
| Unlisted equity shares | 24 months or less |
| Unlisted preference shares | 24 months or less |
STCG Tax Rate on Listed Shares
If you sell eligible listed equity shares that meet the STT conditions, then the short-term capital gain is taxed at 20%.
This 20% rate applies to transfers made on or after 23 July 2024. Before that date, the rate was 15%.
| Transfer of eligible listed equity shares | STCG tax rate |
|---|---|
| Before 23 July 2024 | 15% |
| On or after 23 July 2024 | 20% |
A quick note on Section 111A vs Section 196
- Older articles and records may still say Section 111A.
- Current statutory references use Section 196.
- Both point to the same special treatment of qualifying short-term gains.
- The rate remains 20% when the conditions are met.
Get your gains, losses, broker statements and ITR reporting checked before you file.
When Does the 20% Rate Apply?
Situations That Often Need Extra Review
Buying or selling through a broker does not automatically satisfy every condition. These situations often need extra review:
STCG on Unlisted Shares
Unlisted shares follow different rules.
If you sell unlisted shares held for 24 months or less, then the gain is short-term, added to your total income, and taxed at your applicable slab rate. The 20% special rate does not apply.
Unlisted-Share Transactions May Also Involve:
How to Calculate STCG on Shares
Sale Consideration
Sale consideration is the amount you receive from selling. Your broker statement typically shows the gross sale value, brokerage, exchange charges, statutory levies, and net settlement.
Cost of Acquisition
Cost of acquisition is generally what you paid to buy the shares. Special rules apply for bonus issues, rights issues, ESOPs, inheritance or gifts, and mergers or demergers.
Transfer Expenses
Transfer expenses must directly relate to the sale, such as eligible brokerage. Note that STT is not treated as an ordinary deductible expense when computing income under "Capital Gains." Keep your contract notes and broker statements to support every figure.
Worked example: listed shares
- Purchase price: ₹5,00,000
- Sale value after eight months: ₹6,20,000
- Eligible transfer expenses: ₹5,000
- STT conditions: Met
Worked Examples: Bonus, Rights, and ESOP Shares
These special cases trip up many investors. Here's how each one works.
Bonus shares
If you receive bonus shares, then their cost of acquisition is treated as zero, and the holding period starts from the date the bonus shares were allotted (not the date of the original shares).
Example
You hold 100 original shares and receive 100 bonus shares. You sell the bonus shares five months after allotment for ₹80,000, with ₹500 expenses.
Rights shares
If you buy rights shares, then the cost is the amount you actually paid to subscribe, and the holding period starts from the date of allotment.
Example
You subscribe to rights shares for ₹1,20,000 and sell them six months later for ₹1,55,000, with ₹800 expenses.
ESOP shares
If you sell ESOP shares, then your cost of acquisition is the fair market value (FMV) already taxed as a perquisite at the time of exercise, not just the price you paid. The holding period runs from the date the shares were allotted to you.
Example
At exercise, the FMV taxed as a perquisite was ₹3,00,000. You sell four months later for ₹3,90,000, with ₹1,000 expenses.
STCG on Shares Received by Gift or Inheritance
If you inherit or receive shares as a gift, then: The cost of acquisition carries over from the previous owner (the person who gifted or bequeathed them).
The holding period includes the time the previous owner held the shares.
Example
Example: Your father bought listed shares for ₹2,00,000 in January 2025 and gifted them to you in October 2025. You sell them in December 2025 for ₹2,60,000.
- Cost of acquisition = ₹2,00,000 (your father's cost).
- Holding period counts from January 2025, so total holding exceeds 12 months, and the gain would qualify as long-term, not short-term.
STCG on Shares for NRIs
Non-resident investors face a few extra layers.
If you are an NRI selling listed equity shares within 12 months with STT met, then the STCG is taxed at 20% plus cess, the same special rate as residents. The differences show up in collection and relief:
What Changes for an NRI?
TDS at source: Tax is often deducted before you receive the proceeds. For NRIs, buyers or intermediaries may deduct TDS on the gain, so you may need to claim a refund if excess tax was withheld.
DTAA relief: If your country has a Double Taxation Avoidance Agreement (DTAA) with India, then you may reduce or offset your Indian tax liability, subject to a Tax Residency Certificate and Form 10F.
Account type: Gains routed through NRE accounts are generally freely repatriable; NRO account gains face repatriation limits and documentation.
ITR: NRIs with capital gains generally file ITR-2.
Unlisted and off-market: These attract different TDS rates and valuation scrutiny, so review them carefully.
Get your gains, losses, broker statements and ITR reporting checked before you file.
How to Legally Reduce STCG Tax on Shares
You can lower your STCG bill using legitimate planning. Here are four practical strategies.
Tax-loss harvesting
If you hold shares sitting at a loss, then you can sell them to book a short-term capital loss and set it off against your short-term gains, cutting your net taxable gain.
You have ₹1,80,000 STCG from Company A and an unrealised loss on Company B. Sell Company B to book a ₹70,000 short-term loss. Net STCG falls to ₹1,10,000, so tax at 20% drops from ₹36,000 to ₹22,000 (before cess).
Time your sales across financial years
If a sale can wait, then spreading gains across two financial years can keep you below surcharge thresholds or spread the use of your basic exemption limit.
Use your unused basic exemption limit
If you are a resident and your other income is below the basic exemption limit, then you can adjust the unused portion against your special-rate STCG (more on this below).
Hold to cross into long-term territory
If you hold listed shares just past 12 months, then the gain becomes long-term, taxed at 12.5% (above the annual exemption) instead of 20%. A short wait can meaningfully cut your tax.
Can Share Losses Reduce Your STCG?
If you have a short-term capital loss, then you can set it off against both short-term and long-term capital gains.
If you have a long-term capital loss, then you can set it off only against long-term capital gains.
Example with a short-term loss
| Transaction | Result |
|---|---|
| STCG from Company A shares | ₹1,80,000 |
| STCL from Company B shares | ₹70,000 |
| Net STCG | ₹1,10,000 |
Can the Basic Exemption Limit Reduce Share STCG?
Example
Is the Section 87A Rebate Available Against Share STCG?
For AY 2026–27, the new-regime rebate can be up to ₹60,000 when conditions are met. But there's a catch.
If your income includes special-rate STCG, then the 87A rebate applies only to tax calculated at normal slab rates — it cannot wipe out tax on special-rate capital gains, even if your total income is within the rebate threshold.
So Separate Your Income Into Three Buckets Before Calculating the Rebate:
Income taxed at normal slab rates
STCG taxed at the special rate
Other special-rate income
Get your gains, losses, broker statements and ITR reporting checked before you file.
Are Section 80C and Other Deductions Available Against STCG?
If your STCG is taxed at the special 20% rate, then deductions under Sections 80C to 80U are not available against it. For example, a fresh 80C investment cannot be deducted from special-rate STCG.
Such deductions may reduce other eligible income under the old regime, subject to each provision's conditions. Most conventional deductions are unavailable under the new regime.
Investor or Trader: Why the Distinction Matters
Not every share profit is a capital gain. Shares held as investments produce capital gains; shares held as stock-in-trade produce business income.
Relevant factors include transaction frequency, trading volume, average holding period, use of borrowed funds, treatment in your books, your intention at purchase, and consistency with past returns. No single number of trades decides the classification.
Intraday equity
Intraday equity: Generally treated as speculative business income, not capital gains.
Futures and options
Futures and options: Generally treated as non-speculative business income, with separate reporting. Don't fold them into a listed-share STCG calculation.
Delivery-based investments
Delivery-based investments: Can be reported as capital gains where the facts support investment treatment.
ITR-2 vs ITR-3: Which Form Do You Need?
Choosing the right return form protects you from defective-return notices.
If you are an individual or HUF with capital gains but no business or professional income, then use ITR-2.
If any of these apply, then use ITR-3:
- Your share activity is treated as a business.
- You have other business or professional income.
- Your intraday or derivative activity produces business income.
Quick decision guide
| Your situation | Form |
|---|---|
| Only delivery-based capital gains, no business income | ITR-2 |
| Capital gains + salary/house property, no business | ITR-2 |
| Intraday or F&O treated as business income | ITR-3 |
| Any business or professional income | ITR-3 |
How to Report STCG in Your ITR
Report share STCG in the relevant capital-gains schedules. The ITR-2 process typically involves:
Documents to keep
Reconcile your broker statement with AIS
Broker reports help, but they don't replace the return. Before filing:
Advance Tax on Share STCG
Advance-tax instalment schedule
| Due date | Cumulative advance tax payable |
|---|---|
| 15 June | 15% of total tax |
| 15 September | 45% of total tax |
| 15 December | 75% of total tax |
| 15 March | 100% of total tax |
Common Mistakes to Avoid
Frequently Asked Questions
01 What is the short-term capital gain tax rate on shares?
Eligible listed equity-share STCG satisfying the applicable STT conditions is generally taxed at 20%, plus cess and applicable surcharge.
02 What is the holding period for listed shares?
Listed shares held for 12 months or less are generally treated as short-term capital assets.
03 What is the holding period for unlisted shares?
Unlisted shares held for 24 months or less are generally treated as short-term capital assets.
04 Are unlisted-share gains taxed at 20%?
Not ordinarily. Short-term gains from unlisted shares are generally taxed at the applicable slab rate, subject to the relevant provisions.
05 Is STT deductible while calculating STCG?
STT should not be treated as an ordinary deductible transfer expense when income is computed under the head “Capital Gains.” Maintain it separately from eligible brokerage and transfer expenses.
06 Can a short-term share loss reduce LTCG?
Yes. An eligible short-term capital loss can generally be set off against both STCG and LTCG.
07 Is the Section 87A rebate available on listed-share STCG?
For AY 2026–27 under the new regime, the rebate is restricted to tax calculated at normal slab rates. It does not eliminate tax payable on special-rate STCG.
08 Is intraday share profit a capital gain?
Intraday equity profit is generally examined as speculative business income rather than delivery-based capital gains.
09 Are futures and options taxed as STCG?
Futures and options are generally examined under business-income provisions and should not automatically be reported as share STCG.
10 Which ITR should I use for share STCG?
ITR-2 is generally used when an individual or HUF has capital gains but no business or professional income. ITR-3 may apply when trading is treated as a business or the taxpayer has another business or profession.
Get your gains, losses, broker statements and ITR reporting checked before you file.
CA Sagar Batra
ICAI Registered Chartered Accountant · 10+ Years of Professional Experience · 12,000+ Tax Filings
Chartered Accountant with experience in taxation, compliance and business advisory. His work covers Income Tax, GST, TDS, tax notices, business compliance and financial documentation for individuals and businesses across India.