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SILVERBEES tax: Is your Silver ETF gain STCG or LTCG? Check tax rules

balwant jain

4 min read | Updated on October 03, 2026, 08:17 IST

SUMMARY

SILVERBEES tax confusion explained: AIS shows STCG while brokers show LTCG. Know how Section 50AA applies to Silver ETF gains for AY 2026-27.

SILVERBEES tax confusion

The profits on sale of equity oriented schemes and all ETF are treated as long term capital gains if the same are held for more than twelve months.

A tax classification mismatch has left some Silver ETF investors wondering which figure they should actually rely on.

In one such case, an investor who bought Nippon Silver ETF (SILVERBEES) in October 2023 and sold it in February 2026 found that the Annual Information Statement (AIS) reported the gains as short-term capital gains (STCG). However, both Axis Direct and ICICI Direct showed the same transaction as long-term capital gains (LTCG).

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So, which one is correct for Assessment Year 2026-27? And does Section 50AA of the Income Tax Act, 1961 change the tax treatment of a Silver ETF held for more than a year?

The answer turns on how Silver ETFs are classified under the capital-gains rules and, crucially, the holding period applicable to them.

Today's Q&A explains such details in response to a query by a reader.

Question: Could you please clarify one tax point for me? For Nippon Silver ETF (SILVERBEES) purchased in October 2023 and sold in February 2026. AIS shows it as short term capital gains (STCG). Whereas Axis Direct and ICICI Direct show it as Long Term Capital Gains (LTCG). Which is the correct treatment for Assessment Year 2026-27 — STCG or LTCG, considering Section 50AA of Income Tax Act, 1961?
Answer: The law for taxation of capital gains has undergone huge changes in the recent years. Prior to change of law there were two categories of mutual fund schemes: Equity oriented schemes including Exchange Traded Funds (ETF) and others. Mutual Fund schemes or ETFs which had more than 65% equity exposure are treated as Equity Oriented Schemes whereas the schemes with lower equity exposure were clubbed under the second category.

As per the updated Section 50AA the second category is further bifurcated into two categories. The schemes which have more than 65% investments in debt products and those which neither have equity nor debt exposure exceeding more than 65%.

The profits on mutual fund schemes which have debt component more than 65% are taxed as short term capital gains irrespective of the holding period ecept for those which were acquired before 31 st March 2023.

The Profits on sale of equity oriented schemes and all ETF are treated as long term capital gains if the same are held for more than twelve months. However, for the category which does not have equity over 65%, the profits on units of such schemes would become long term if held for more than 36 months prior to amendment of the law. After the amendment the holding period has come down to 24 months. For ETFs there is no change in the holding period requirement even after the amendment the profits shall continue to be taxed as long term capital gains if held for more than 12 months.

As the silver ETF do not invest more than 65% in debt the profits made after holding it for more than 12 months are treated as long term capital gains. Since your holding period of the silver ETF exceeds the threshold of 12 months, the profits made shall be treated as long term capital gains. The classification done by Axis direct and ICICI direct is correct whereas as disclosed in AIS is incorrect.
Have a personal finance, mutual fund, or income tax query? We will try to get them answered by experts. Write to sangeeta.ojha@rksv.in
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Disclaimer: The views and opinions expressed above are those of respective experts/commentators and do not reflect the views of Upstox. The above Q&A is only for informational purposes and should not be considered investment or tax advice from Upstox. Please consult a tax expert for your complex tax problems.

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