Costing and Taxation · Ch 2 — Income from Capital Gains
Short-term and Long-term Capital Assets
Short-term and Long-term Capital Assets
Once an item is confirmed to be a Capital Asset, the LENGTH OF TIME it was held before transfer decides which of two quite different tax treatments applies to the resulting gain. Section 2(42A) defines a Short-Term Capital Asset (STCA); Section 2(29A) defines its counterpart, the Long-Term Capital Asset (LTCA), simply as any capital asset that is NOT short-term.
The holding-period test
Short-Term Capital Asset — Section 2(42A)
A capital asset held by an assessee for NOT MORE THAN a specified period immediately preceding the date of its transfer is a Short-Term Capital Asset. The specified period is:
- 12 months — for listed equity shares, listed preference shares, other listed securities, units of UTI, units of an equity-oriented mutual fund, and zero-coupon bonds.
- 24 months — for every OTHER capital asset, including unlisted shares, immovable property (land or building), jewellery, gold, and unlisted securities.
An asset held for MORE than its applicable specified period is a Long-Term Capital Asset [Section 2(29A)], and the gain on its transfer is a Long-Term Capital Gain (LTCG). An asset held for not more than the specified period gives a Short-Term Capital Gain (STCG) on transfer.
AY 2026-27 grounding — holding-period thresholds
This two-tier 12-month/24-month test was introduced by the Finance (No. 2) Act, 2024 (replacing an earlier three-tier 12/24/36-month structure) and remains the applicable test for Assessment Year 2026-27. Holding-period thresholds are periodically revised by Finance Acts — always confirm the threshold actually in force for the year a real problem relates to before answering.
Why the classification matters …
A capital asset held for not more than 12 months (listed securities/equity-oriented MF units/zero-coupon bonds) or not more than 24 months (every other capital asset …
A capital asset that is not a Short-term Capital Asset — i.e., held for MORE than the applicable 12-month or 24-month specified …