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  1. If I sell equity shares for ₹12 lakh, where can I invest it to pay zero or less tax in 2026?

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If I sell equity shares for ₹12 lakh, where can I invest it to pay zero or less tax in 2026?

rajeev kumar

5 min read | Updated on February 27, 2026, 17:09 IST

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SUMMARY

According to Section 86 of the Income-tax Act 2025 (Section 54F of the Income-tax Act 1961), capital gains from the sale/transfer of shares can be exempted from tax if the amount is used for buying a residential house property within two years.

tax saving options after selling shares

If your total income, excluding capital gains, is below the basic exemption limit, then you can adjust capital gains against it. | Image source: Shutterstock

After selling any amount of shares, it is very common for investors to look for options that will help them save tax on capital gains. There are very few such options, and their applicability may vary on a case-by-case basis. This article will give you an idea of all available options.

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Let's begin with two important points:

First, since normal income up to ₹12 lakh has become tax-free under the new tax regime from FY 2025-26, several investors have been wondering whether equity income up to ₹12 lakh can also be tax-free. The answer is no. This is not possible because only incomes like salary, pension, and bank interest are treated as normal income, whereas income from equity shares is treated as special income and taxed at special rates.

Second, if you sell equity shares for ₹12 lakh, you must first calculate your capital gains by reducing the purchase price of the shares from the sale proceeds. Your capital gains can be either long-term or short-term, depending on the holding period. If you held the shares for 12 months or more, your gains will be treated as long-term for taxation. If the holding period was less than 12 months, your gains will be short-term.

Now, coming to the main question. There are two options under which you can end up paying zero tax on your capital gains in 2026.

Option 1: After determining the taxable long-term capital gains (LTCG), you can avoid paying tax on them by investing in a residential house property worth up to ₹10 crore. According to Section 86 (1) of the Income-tax Act 2025 (Section 54F of the Income-tax Act 1961), LTCG from the sale/transfer of shares can be exempted from tax if the amount is used for buying a residential house property within two years from the date of sale of shares. (read more about this provision here). This benefit is not available for short-term capital gains (STCG).
Option 2: If you intend to buy a house property with the LTCG from shares, but need some time, you can deposit the amount under the capital gains account scheme (CGAS). Such deposit should be done before the ITR filing due date, according to Section 86 (2) of the Income-tax Act 2025. You need to submit the proof of such deposit in your ITR.

Apart from the above, the following provisions of the Income-tax Act may help you reduce your tax liablity on LTCG from shares:

On long-term capital gains, you can get an exemption of ₹1.25 lakh.

For instance, if your total LTCG is ₹4 lakh, then you have to pay capital gains tax only for ₹2.75 lakh (as the remaining ₹1.25 lakh is exempted). There is no such exemption for short-term capital gains (STCG).

In case your total income, excluding LTCG, is below the basic exemption limit, then you can adjust long-term gains against it. Here's what the income-tax department says:

"A resident individual/HUF can adjust the exemption limit against LTCG; however, first any income other than LTCG is to be adjusted against the exemption limit, and then the remaining limit (if any) can be adjusted against LTCG. Unadjusted LTCG will be taxed at the applicable rate for LTCG. A non-resident individual and non-resident HUF cannot adjust the exemption limit against LTCG."

Please note that STCG can also be adjusted against basic exemption limit.

How the adjustment against basic exemption works:
  • You should be a resident individuals and HUFs

  • Your income without counting LTCG from equity is below the basic exemption limit

  • You can claim a deduction on those gains up to the shortfall.

For example, the basic exemption limit under the new tax regime is ₹4 lakh. Suppose your total income from other sources is ₹2 lakh and your long-term capital gains, after the ₹1.25 lakh exemption, amount to ₹1.4 lakh. Here, the remaining basic exemption limit is ₹2 lakh (₹4 lakh minus ₹2 lakh of other income). Therefore, the taxable LTCG of ₹1.4 lakh can be fully adjusted against the balance ₹2 lakh, and you don’t have to pay any tax.

Here are some key takeaways for you from this article:

Tax‑saving options on capital gains from shares in 2026:
PointSummary
Equity income isn’t tax‑freeNormal income up to ₹12 lakh is tax‑free, but equity gains are taxed at special rates.
How gains are classifiedHeld ≥12 months → LTCG; held <12 months → STCG.
Zero‑tax options1) Invest gains in a residential property (up to ₹10 crore). 2) Deposit gains in CGAS until property purchase.
LTCG exemptionThe first ₹1.25 lakh of LTCG is exempt each year.
Use of basic exemption limitResidents can adjust unused basic exemption limit (₹4 lakh in the new regime) against LTCG.
ExampleOther income: ₹2 lakh; LTCG (post-exemption): ₹1.4 lakh; remaining exemption: ₹2 lakh → no tax.
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About The Author

rajeev kumar
Rajeev Kumar is a Deputy Editor at Upstox, and covers personal finance stories. In over 11 years as a journalist, he has written over 2,000 articles on topics like income tax, mutual funds, credit cards, insurance, investing, savings, and pension. He has previously worked with organisations like 1% Club, The Financial Express, Zee Business and Hindustan Times.

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