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How to File ITR 2 Form with Capital Gains

Updated on: 05 Feb, 2025 10:34 AM

Every citizen whose income falls within the income tax bracket is mandated to file income tax returns (ITRs). The choice of ITR form to file varies depending on the individual's residential status and income sources. If your total income for a financial year includes income generated from business or profession, you will be required to file ITR-3 as the income tax return for capital gains. However, Hindu Undivided Families (HUFs) and individuals deriving income from sources like salary, sale of foreign assets or property, etc, i.e., other than business and profession are obligated to file ITR Form 2. In this article, we will discuss and learn the process, requirements, and essential aspects to consider when filing this Capital gain form.

Budget 2024 Updates

Earlier, the government removed the indexation benefit on the sale of immovable property. However, the amendment of Finance Bill 2024 introduced a rollback of this rule.

As per the latest amendment, for any immovable property acquired before 23rd July 2024, the taxpayers will have the option to choose between two LTCG computation methods -

  • 12.5% tax rate, without indexation
  • 20% tax rate with indexation benefit.

The taxpayers can compute their tax based on both these methods and select the one that reduces their tax burden.

In other words, now taxpayers will be able to claim the benefit of indexation if they choose to pay tax at 20%. They will also get the opportunity to save tax by choosing the method of computing taxes.

However, there are certain exceptions to this amendment -

  • Indexation benefit is only available on immovable property like land and buildings.
  • It is available only to individuals and HUFs and not to firms or companies.
  • It can be considered only for tax calculation and not for determining amount of investment or loss to claim exemption or carry forward.

Long-term capital gains

  • Exemption on LTCG has been increased from Rs.1 lakh to Rs.1.25 lakhs per annum.
  • LTCG rate on all financial as well as non-financial assets has been increased to 12.5%.

Short-term capital gains

  • STCG on specified financial assets will be charged at 20%.
  • STCG on other non-financial assets will be taxed at applicable slab rates.
  • Unlisted bonds and debentures, debt mutual funds, and market linked debentures, irrespective of holding period, however, will attract tax on capital gains at applicable rates.
  • To know more about it, contact our tax experts

What is ITR Form 2, and its eligibility criteria?

ITR Form 2, also known as ITR-2, is an income tax return form used by HUF (Hindu Undivided Families) and individuals in India to file their taxes with the Income Tax Department. It is for those who have income from various sources but not from business or profession.

Here's a list of income of those who are eligible to file ITR-2:

  • Salaried or Pensioned Individuals: If your income exceeds ₹50 lakhs.
  • Capital Gains: If you earn capital gains from the sale of shares, mutual funds, immovable property, or virtual digital assets.
  • Rental Income: If you receive rental income from multiple house properties.
  • Agricultural Income: If your agricultural income exceeds ₹5,000.
  • Foreign Assets or Income: If you have foreign assets or earn foreign income.
  • Directors: If you are a director in any company, whether foreign or domestic.
  • Unlisted Equity Shares: If you hold unlisted equity shares in any company, foreign or domestic.
  • Brought Forward Losses: If you have any brought forward losses or losses to carry forward under any head of income.
  • Other Sources: If you earn income from other sources like horse racing, lottery winnings, etc.

Important Note: If you are earning from a business, profession, or partnership firm, you are not eligible to file the ITR-2 form. File your ITR


A Brief Overview of Capital Gains

Capital gains refer to the profit earned from the sale of capital assets like stocks, real estate, mutual funds, or bonds. These gains are taxable under the Income Tax Act and are classified into:

  • Short-Term Capital Gains (STCG): When assets are sold within a short holding period (varies by asset type).
  • Long-Term Capital Gains (LTCG): When assets are held for a longer duration before selling, often taxed at concessional rates.

Taxation on capital gains depends on factors like holding period, asset type, and applicable exemptions under sections like 54, 54F, and 54EC.

Want to optimize your capital gains tax? Tax2win experts can help


What are the steps to file ITR Form 2 with Capital Gains?

If you earn income through the sale of equity (Stocks), you must file an income tax return every year. Here's how to do it online through the Income Tax department portal:

Step-by-Step Guide:

  • Step 1: Visit the official ITD (Income Tax Department) website and log in with your credentials.
  • Step 2: Go to "e-File" > "Income Tax Returns" > "File Income Tax Returns."
  • Step 3: Choose the assessment year, your filing status, and the appropriate ITR form. Select "Taxable income is more than basic exemption limit" as the reason for filing.
  • Step 4: Under "Income Schedule," select "Schedule Capital Gains" and choose the type of equity asset you sold.
    • Capital Gains Types:
      • Short-Term Capital Gains (STCG): Taxed at 15% under Section 111A. Click "Add Details" and enter the total sale amount and cost of acquisition for short-term assets in the financial year.
      • Long-Term Capital Gains (LTCG): Taxed at 10% under Section 112A, but exempt up to Rs. 1 lakh. Provide details for each stock sold, including ISIN number, selling price, purchase price, and transaction dates. Click "Add" for each scrip (stock).
  • Review and Download: Once you've filled in all the necessary schedules, confirm them, review Part B TT1, and preview your return. Download the ITR for further processing.
  • Verification: On the declaration tab, provide the required details and proceed to validation. Finally, verify your ITR filing electronically or by sending a signed ITR-V hard copy to the Income Tax Department within 120 days.

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What are the Documents Required to File ITR 2 with Capital Gain?

When you file ITR 2 with capital gains, you need sets of general documents with additional documents for your capital gain. Here’s the list of documents you will need:

  1. Stamp Duty Documents: Sales and purchase deeds, improvement cost details, etc., if the capital gain is from land or buildings.
  2. Securities Transaction Documents: P&L statement from a broker, stock ledgers, contract notes, trading statements, etc., if the capital gain is from securities.
  3. Other Capital Assets Documents: Improvement cost, details of expenses incurred while transferring capital assets, cost of purchase, etc., if the capital gain is from other capital assets.

Also, you should have:

  • Aadhaar Card
  • PAN Card (Permanent Account Number)
  • TDS Certificates
  • Challan of Paid Taxes
  • Bank Account Details
  • Original Return Details (if filing a revised return)
  • Notice-Related Details (if filing in response to any notice)

Make sure you have all the relevant documents ready before filing your ITR-2 Form to report capital gains.

The due date for filing ITR is 31st July and it is fast approaching. File your ITR before it's too late to avoid penalties. If you need assistance with e-filing, our Online CAs are experts in accurately filing ITRs to maximize your refund. Book an eCA now!


Frequently Asked Questions

Q- Which ITR form should I use for capital gains?

There are two main ITR forms you can use to report capital gains:

  • ITR-2: This form is for individuals with income from various sources, including salary, house property, capital gains, foreign assets, etc. You can use ITR-2 if your income includes capital gains and you don't have business income.
  • ITR-3: This form is for individuals or Hindu Undivided Families (HUFs) with income from a business or profession. You can use ITR-3 if you have capital gains along with business income.

Q- Where do I show income from capital gains in ITR?

If you have accrued capital gains or losses throughout the year, they must be declared solely in Form ITR-2 or ITR-3. Consequently, even if a salaried individual qualifies to file a return using ITR-1, they must opt for ITR-2 to report any capital gains.


Q- How to fill income from house property in ITR-2?

Within the Schedule House Property, you are required to assess, input, or modify information pertaining to your house property (whether self-occupied, rented out, or deemed rented out). This includes providing co-owner particulars, tenant information, rental figures, interest, pass-through income, and related details.


Q- Which ITR form is required for salary and capital gain and house property?

Individuals and Non-Resident Indians (NRIs) generating income from employment, property ownership, capital gains, or other avenues are eligible to submit Form ITR-2. Salaried individuals who have incurred gains or losses from stock transactions may also utilize ITR-2 for filing their returns.


Q- What is difference between itr2 and itr3?

ITR Form 2: Individuals and HUFs with a total income exceeding ₹50 lakh, derived not from business or professional profits, are eligible to file

ITR-2. ITR Form 3: Intended for individuals and HUFs earning income from business or profession, or individuals with partnerships in firms, who may file ITR-3.