Section 197
Section 197: general tax on long-term capital gains
Section 197 is the general rule for taxing long-term capital gains under the Income-tax Act, 2025 - a flat 12.5% rate on the gains themselves, with the rest of the total income taxed as if the gains were excluded. It also carries a transitional grandfathering benefit for land or building acquired before 23 July 2024.
This explanation is AI-assisted and pending review by our CA/CS team. It is general information, not professional advice - always cross-check against the bare law text above or talk to our tax team for guidance specific to your situation.
The general rate
Where an assessee's total income includes long-term capital gains chargeable under the head "Capital gains", the tax payable on the total income (subject to the rules below) is the aggregate of:
- Income-tax on the total income as reduced by such long-term capital gains, as if that reduced amount were the total income; and
- Income-tax on the long-term capital gains at the rate of 12.5%.
Shortfall benefit for resident individuals and HUFs
Where the assessee is a resident individual or Hindu undivided family and the total income (after excluding these long-term capital gains) is below the maximum amount not chargeable to income-tax, the long-term capital gains are reduced by the amount of that shortfall, and only the balance is taxed at 12.5%.
Grandfathering for land or building acquired before 23 July 2024
For a resident individual or Hindu undivided family transferring long-term capital asset being land or building (or both) acquired before 23 July 2024, an excess amount of income-tax is ignored, computed by the formula E = A - B, where:
- E = the excess income-tax to be ignored;
- A = income-tax computed under the 12.5% rate described above;
- B = income-tax computed by instead taking the rate as 20% and computing the capital gains using "indexed cost of acquisition" and "indexed cost of improvement".
Non-residents and closely held company shares
For an assessee who is a non-resident (not being a company) or a foreign company, long-term capital gains from transfer of unlisted securities or shares of a company in which the public are not substantially interested are computed without giving effect to the indexation provision in section 72(6).
Other rules
Where the gross total income includes long-term capital gains under this section, the gross total income is first reduced by such gains, and Chapter VIII deductions are then allowed as if the reduced amount were the gross total income.
| Term | Meaning (for this section) |
|---|---|
| "Securities" | As defined in section 2(h) of the Securities Contracts (Regulation) Act, 1956 |
| "Listed securities" | Securities listed on a recognised stock exchange in India |
| "Unlisted securities" | Securities other than listed securities |
| "Indexed cost of acquisition" / "indexed cost of improvement" | As defined in section 72 |
Frequently asked questions
What is the general tax rate on long-term capital gains?
12.5%, under Section 197, on the gains themselves, with the rest of total income taxed separately.
Is there any relief for land or a house bought before 23 July 2024?
Yes - for a resident individual or HUF, Section 197(3) compares tax at 12.5% (no indexation) with tax at 20% (with indexation) and ignores the excess where the 12.5% figure works out higher, effectively grandfathering the indexation benefit for such assets.
Do non-residents get indexation benefit on unlisted shares?
No - for a non-resident (not a company) or a foreign company, long-term capital gains on unlisted securities or shares of a closely held company are computed without indexation under section 72(6).
Related sections
Want this applied to your actual filing, not just explained?
Plan your long-term capital gains tax with our tax teamLast updated 9 September 2026