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  1. Tax slab calculation 2026: Should capital gains be excluded from gross income?

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Tax slab calculation 2026: Should capital gains be excluded from gross income?

balwant jain

3 min read | Updated on March 30, 2026, 19:06 IST

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SUMMARY

The LTCG and STCG on listed shares are taxed at a flat rate of 12.50% and 20% respectively, and, therefore, the same are excluded while determining the slab rate applicable.

income tax slab calculation 2026

Senior citizens without any business income are not required to pay any advance tax. | Image source: Shutterstock

Question: I am a senior citizen. My gross income consists of income from other sources, long-term capital gains (LTCG) and short-term capital gains (STCG) on equity shares on which STT is paid. So my total taxable income would be the gross income as reduced by various deductions under sections 80C, 80D, 80G, 80TTB, etc, including the capital gains on equity shares. Is this correct?
The tax slabs applicable will be on gross income as reduced by various deductions over the amount of basic exemption of ₹3 lakh or ₹4 lakh, depending on the tax regime chosen by me. Is this understanding correct, or should I consider gross income excluding the capital gains for tax slab consideration? This will help me in computing my advance tax liability.
Answer: The various deductions under Chapter VIA, like 80C, 80D, 80G, 80TTB, are available only if you opt for the old tax regime and are not available under the new tax regime.
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Moreover, deductions under Chapter VIA are not available against LTCG and STCG from the sale of listed shares. So your claim for deduction under various sections of Chapter VIA will be restricted to your income from other sources and not beyond that if you opt for the old tax regime.

Please note that in case your normal income after these deductions goes below the exemption limit, such shortfall against the basic exemption limit applicable is allowed to be set off against taxable capital gains, and tax at a flat rate is payable only after such set off of shortfall in basic exemption against capital gains.

The basic exemption limit for a senior citizen, who has completed 60 years but has yet to complete 80 years, is ₹3 lakh under the old tax regime, whereas it is ₹4 lakh under the new tax regime, irrespective of your age.

The LTCG and STCG on listed shares are taxed at a flat rate of 12.50% and 20% respectively, and, therefore, the same are excluded while determining the slab rate applicable.

Since you are a senior citizen and do not have any business income, you are not required to pay any advance tax. You can discharge your tax liability at the time of filing your ITR by the due date. Please ensure to file your ITR by the due date, else you will have to pay interest on tax liability as well as for the delay in filing of the ITR.

Have a personal finance and income tax query? We will try to get them answered by experts. Write to rajeev.kumar@rksv.in
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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