Capital Gain ITR Filing
- Salary or Pension
- House Property (one or more)
- Capital Gains or Losses (on investments or property – short-term or long-term)
- Other Sources (such as lottery winnings, gambling income, etc.)
- Foreign Income or Assets
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The Income Tax Return (ITR) form that taxpayers must use depends on their residential status and total income from various sources.
Hindu Undivided Families (HUFs) and individuals who earn income other than ‘Profits and Gains from Business or Profession’ are required to file their tax returns using ITR Form 2.
Taxpayers eligible to file ITR 2 include those who earn income from:
- Salary or Pension
- House Property
- Capital Gains (Short-term or Long-term)
- Foreign Assets or Foreign Income
- Other Sources (e.g., Interest, Dividends, etc.)
Filing ITR correctly ensures compliance, tax benefits, and hassle-free processing of refunds.
What is ITR Form 2, and Who Should File It?
ITR Form 2, also known as ITR-2, is an Income Tax Return (ITR) form used by Hindu Undivided Families (HUFs) and individuals in India to file their taxes with the Income Tax Department.
This form is for taxpayers who earn income from multiple sources but not from business or profession.
Who is Eligible to File ITR-2?
Individuals with income from:
- Salary or Pension
- House Property (one or more)
- Capital Gains or Losses (on investments or property – short-term or long-term)
- Other Sources (such as lottery winnings, gambling income, etc.)
- Foreign Income or Assets (Residents earning foreign income, claiming foreign tax credits, or disclosing foreign assets)
ITR-2 ensures compliance with tax regulations while allowing taxpayers to claim applicable deductions and exemptions.
Steps to File ITR 2 with Capital Gains
Individuals earning capital gains from the sale of equity shares or other capital assets must file their Income Tax Return (ITR) every year. This can be done online via the official Income Tax Department portal. Below is a step-by-step guide to filing ITR-2 with Capital Gains:
Step-by-Step Guide to Filing ITR-2
- Step 1: Visit the official Income Tax Department website and log in using your credentials.
- Step 2: Navigate through:
➡ e-File > Income Tax Returns > File Income Tax Returns
- Step 3: Select the assessment year, choose your filing status, and select the appropriate ITR form (ITR-2). Then, select ‘Taxable income is more than the basic exemption limit’ as the reason for filing the ITR.
- Step 4: The next page will display five types of schedules.
✔ Select ‘General’ and proceed to ‘Income Schedule’.
✔ Tap on ‘Schedule Capital Gains’ and choose the relevant type of capital asset from the provided list.
- Step 5: Understand Capital Gains Taxation:
Capital gains are categorized into:
1. Short-Term Capital Gains (STCG):
- STCG on listed equity shares is taxed at 15% under Section 111A.
- If total taxable income (excluding STCG) is below ₹2.5 lakh, the shortfall is adjusted against STCG, and the remaining STCG is taxed at 15% plus 4% cess.
2. Long-Term Capital Gains (LTCG):
- LTCG is taxed under Section 112A at 10% on gains exceeding ₹1 lakh in a financial year.
- LTCG up to ₹1 lakh is exempt from tax.
- Step 6: Once the necessary schedules are confirmed, review Part B TTI and tap on ‘Preview Return’ to download your ITR.
- Step 7: Proceed to the Declaration tab, enter the required details, and tap ‘Proceed to Validation’.
- Step 8: After validation, verify your ITR filing using one of the following methods:
Electronic verification (EVC) – via Aadhaar OTP, Net Banking, or DSC
Physical verification – by sending a signed ITR-V printout to the Income Tax Department
Once verified, your ITR filing process is complete!
Frequently Asked Question
1. What exemptions are available on Capital Gains?
Section | Exemption Available |
---|---|
Section 54 | Exemption on sale of residential property if reinvested in another house (within 2 years) |
Section 54EC | Exemption if invested in NHAI/REC Bonds (within 6 months, max ₹50 lakh) |
Section 54F | Exemption on sale of any asset if entire sale amount reinvested in a new house |
Section 54B | Exemption on sale of agricultural land if reinvested in new agricultural land |
2. What are the tax rates for Capital Gains?
Type of Capital Gain | Tax Rate |
---|---|
Short-Term Capital Gain (STCG) on Stocks/Equity MF | 15% |
STCG on Other Assets (Property, Gold, Debt MF) | As per slab rate |
Long-Term Capital Gain (LTCG) on Stocks/Equity MF | 10% (Exempt up to ₹1 lakh) |
LTCG on Other Assets (Property, Gold, Debt MF) | 20% (with indexation) |
3. How do I calculate Capital Gains?
STCG = Selling Price – (Purchase Price + Expenses)
Long-Term Capital Gain (LTCG) Formula:
LTCG = Selling Price – (Indexed Cost of Acquisition + Expenses)
What is Indexation?
- Indexation adjusts the purchase price based on inflation, reducing tax liability.
- Use Cost Inflation Index (CII) to calculate indexed purchase price.
4. How do I report Capital Gains from Stocks & Mutual Funds?
- Download Capital Gains Statement from the broker’s website.
- Report Short-Term & Long-Term gains separately.
- Include LTCG exemption of ₹1 lakh on equity investments.
- Enter details in Schedule CG in ITR-2 or ITR-3.
5. How is TDS deducted on Property Sales?
- Buyer deducts 1% TDS if property value > ₹50 lakh.
- Seller can claim TDS credit in Form 26AS.
5. What happens if I don’t report Capital Gains?
- Mismatch in AIS & IT Department Notice.
- Penalty & Interest for tax evasion.
- Delayed refund processing if details don’t match Form 26AS.
6. Can I revise my ITR if Capital Gains are wrongly reported?
- Yes, ITR can be revised before 31st December of the same assessment year.
7. How long does it take to get a Capital Gains Tax refund?
- Refunds are processed within 30-60 days if the return is correctly filed & verified.