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ITA 1961 → ITA 2025Special Tax Rates

Section 112 Section 106

Tax on long-term capital gains

RetainedCritical - The foundational section for real estate and startup exit taxation.

Quick Answer

Section 112 of the Income Tax Act, 1961 (Tax on long-term capital gains) corresponds to Section 106 of the Income-tax Act, 2025, effective 1st April 2026. Status: Retained.

What changed for Section 112

The starting point is Section 112 of the Income Tax Act, 1961 — tax on long-term capital gains. Taxes standard Long-Term Capital Gains (LTCG) on assets like real estate, unlisted shares, and gold at 20% with indexation (or 12.5% without indexation).

Under the Income-tax Act, 2025 (effective 1st April 2026), Section 112 is retained and renumbered as Section 106 of the Income-tax Act, 2025. Rates and indexation benefits restructured and simplified. The base LTCG rate for physical assets is standardized to reduce disputes.

The transition impact on Section 112 is assessed as Critical. The foundational section for real estate and startup exit taxation.

Old Law (ITA 1961)Ch: XII

Sec 112

Provision Summary

Taxes standard Long-Term Capital Gains (LTCG) on assets like real estate, unlisted shares, and gold at 20% with indexation (or 12.5% without indexation).

New Law (ITA 2025)Ch: XI

Sec 106

Provision Summary

Rates and indexation benefits restructured and simplified. The base LTCG rate for physical assets is standardized to reduce disputes.

Key Changes & Highlights

  • Unlisted share taxation for non-residents heavily streamlined to attract Foreign Direct Investment (FDI).

Related Sections

Frequently Asked Questions

Which subject does Section 112 of the 1961 Act cover?

Section 112 of the Income Tax Act, 1961 covers tax on long-term capital gains. Taxes standard Long-Term Capital Gains (LTCG) on assets like real estate, unlisted shares, and gold at 20% with indexation (or 12.5% without indexation).

What is the new section number for Section 112 under the Income-tax Act, 2025?

Section 112 of the Income Tax Act, 1961 maps to Section 106 of the Income-tax Act, 2025, effective 1st April 2026 (status: Retained). Rates and indexation benefits restructured and simplified. The base LTCG rate for physical assets is standardized to reduce disputes.

How does the Income-tax Act, 2025 affect Section 112 in practice?

The transition impact for Section 112 is rated Critical. The foundational section for real estate and startup exit taxation.

What is new about Section 112 under the Income-tax Act, 2025?

Unlisted share taxation for non-residents heavily streamlined to attract Foreign Direct Investment (FDI). These points are specific to Section 112 (Tax on long-term capital gains).

Disclaimer: This mapping of Section 112 (Tax on long-term capital gains) to Section 106 of the Income-tax Act, 2025 is for educational and reference purposes only, based on publicly available drafts and circulars. As Section 112 is currently marked Retained, always confirm its treatment with a qualified Chartered Accountant before filing or making compliance decisions.

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