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Not all ETFs in India are taxed the same way. An equity ETF, a debt ETF, and a gold ETF may all trade on the stock exchange, but their tax treatment can be very different. The underlying exposure is what determines the tax outcome, not the fact that the instrument is exchange-listed.
This guide covers how each category of ETF is taxed in FY 2025-26, what changed from earlier years, and where classification still requires careful checking before assuming a tax outcome.
Table of Contents
An ETF (Exchange Traded Fund) is a market-linked investment that usually tracks an index, a basket of securities, or a commodity like gold. It trades on the stock exchange like a share, with prices fluctuating through the trading day.
Being listed on an exchange does not automatically determine the tax treatment. For holding period purposes, listed ETF units are treated as listed securities, which means a 12-month threshold for long-term status. However, the applicable tax rate depends on what the ETF holds: equity-oriented rules apply to equity ETFs, while non-equity rates apply to gold, silver, and debt ETFs.
ETF investors can face tax in two ways.
For listed securities, the holding period for long-term status is 12 months. For unlisted securities and physical assets, it is 24 months. Listed ETF units, whether equity, gold, silver, or debt, therefore qualify for long-term treatment after 12 months, not 24 months.
| ETF / Fund Type | Listed? | LTCG Holding Period |
|---|---|---|
| Equity ETF (equity-oriented) | Yes | More than 12 months |
| Gold ETF (listed on exchange) | Yes | More than 12 months |
| Silver ETF (listed on exchange) | Yes | More than 12 months |
| Debt ETF (listed, not covered by Section 50AA) | Yes | More than 12 months |
| Gold Fund of Funds (unlisted structure) | No | More than 24 months |
| Silver Fund of Funds (unlisted structure) | No | More than 24 months |
| Physical gold / digital gold | No | More than 24 months |
| Physical silver / digital silver | No | More than 24 months |
An equity ETF is generally taxed like other eligible equity assets when it qualifies as equity-oriented, meaning it maintains the required level of investment in domestic equity shares under the applicable rules.
Short-term capital gains on eligible equity-oriented ETFs held for 12 months or less are taxed at 20% under Section 111A. Surcharge and 4% health and education cess apply on top.
Long-term capital gains are taxed at 12.5% under Section 112A on gains above the annual Rs 1.25 lakh exemption, where the ETF qualifies for equity-style treatment and STT was paid. The Rs 1.25 lakh exemption is an annual aggregate across all eligible equity LTCG, not a per-ETF or per-holding benefit. If LTCG from multiple equity holdings combined crosses Rs 1.25 lakh in a financial year, the excess is taxed at 12.5%.
STT applies on equity-oriented ETFs sold through a recognised stock exchange (0.001% on delivery-based sale). Where STT is paid, the STT condition required to access Section 111A and Section 112A rates is generally met. Gold ETFs, silver ETFs, liquid ETFs, and gilt ETFs do NOT attract STT. The absence of STT on gold/silver ETFs does not affect their capital gains rates, which follow listed securities rules regardless.
An investor buys an eligible equity ETF for Rs 8,45,000 and sells it after 13 months for Rs 10,55,000.
| Particulars | Amount |
|---|---|
| Purchase value | Rs 8,45,000 |
| Sale value | Rs 10,55,000 |
| Total capital gain | Rs 2,10,000 |
| Less: annual LTCG exemption (if not used elsewhere in same FY) | Rs 1,25,000 |
| Taxable LTCG | Rs 85,000 |
| LTCG tax at 12.5% | Rs 10,625 |
| Post-tax gain | Rs 1,99,375 |
Illustrative only. Excludes surcharge and cess. The Rs 1.25 lakh exemption is an annual aggregate. If other equity LTCG was realised in the same year, the exemption available here may be lower or nil.
Debt ETF taxation is not one rule for all products, and it changed materially in FY 2025-26 relative to FY 2024-25.
Section 50AA (introduced by Finance Act 2023) deems gains from certain fund structures as short-term capital gains regardless of holding period, taxing them at slab rates. The definition of "specified mutual fund" was amended by the Finance (No.2) Act 2024.
| Period | Section 50AA Definition | What Was Caught |
|---|---|---|
| FY 2023-24 and FY 2024-25 | Fund with 35% or less invested in domestic equity shares | Debt funds, but also gold ETFs and international ETFs (inadvertently) |
| From FY 2025-26 onwards | Fund investing more than 65% in debt and money market instruments, or a FoF investing 65%+ in such funds | Only debt-oriented funds and debt FoFs. Gold ETFs and international ETFs are excluded |
For debt ETFs that fall within the revised Section 50AA definition (more than 65% in debt and money market instruments), gains continue to be treated as short-term regardless of holding period and are taxed at the investor's applicable slab rate. For debt ETFs that do not meet this threshold, normal listed securities rules apply: LTCG after 12 months at 12.5%, STCG at slab rate.
Product structure, underlying composition, and acquisition date all matter. The classification should be verified for the specific fund before assuming the applicable rule.
Gold and silver ETFs are not taxed like equity ETFs. They do not qualify as equity-oriented. However, because they are listed on the exchange, they benefit from the 12-month holding period for long-term status, which is shorter than the 24 months required for physical gold/silver or gold/silver mutual fund FoF structures.
STT (Securities Transaction Tax) is NOT applicable on gold ETF or silver ETF transactions. STT applies only to equity-oriented ETFs. The absence of STT on gold/silver ETF trades does not affect their capital gains rates, which are governed by listed securities rules regardless of whether STT is paid.
No GST applies to the purchase or sale of gold ETF units or silver ETF units. Gold and silver ETFs are securities, and securities transactions are exempt from GST. By contrast, physical gold and physical silver purchases attract 3% GST, and digital gold also attracts 3% GST. This makes ETFs more cost-efficient than physical metal at the point of purchase, in addition to storage and making-charge differences.
Silver can be held in several forms in India, and the tax treatment differs meaningfully across them. The table below covers the key differences for FY 2025-26.
| Particulars | Silver ETF (listed) | Silver FoF (unlisted) | Physical Silver | Digital Silver |
|---|---|---|---|---|
| LTCG holding period | More than 12 months | More than 24 months | More than 24 months | More than 24 months |
| STCG rate | Slab rate | Slab rate | Slab rate | Slab rate |
| LTCG rate | 12.5% without indexation | 12.5% without indexation | 12.5% without indexation | 12.5% without indexation |
| Rs 1.25 lakh exemption? | No | No | No | No |
| STT applicable? | No | No | Not applicable | Not applicable |
| GST on purchase? | No | No | 3% GST | 3% GST |
Digital silver is not regulated by SEBI or RBI. Gains from digital silver are taxed like physical silver for capital gains purposes. Physical silver making charges (for jewellery/artifacts) attract 5% GST. All rates exclude surcharge and 4% Health and Education Cess.
The primary tax advantage of a listed silver ETF over physical silver or a silver FoF is the shorter LTCG threshold: 12 months versus 24 months. The LTCG rate itself (12.5%) is the same across all structures. The ETF route also avoids the 3% GST on physical purchase and eliminates storage and making-charge costs.
Gold is available in more investment forms than silver, including Sovereign Gold Bonds (SGBs). The tax treatment differs across each form.
| Particulars | Gold ETF (listed) | Physical Gold | SGB (held to maturity) | SGB (sold on exchange) | Gold MF / FoF (unlisted) |
|---|---|---|---|---|---|
| LTCG holding period | More than 12 months | More than 24 months | 8-year maturity | More than 12 months (listed) | More than 24 months |
| STCG rate | Slab rate | Slab rate | Not applicable (hold to maturity) | Slab rate | Slab rate |
| LTCG rate | 12.5% without indexation | 12.5% without indexation | Exempt from capital gains tax | 12.5% without indexation | 12.5% without indexation |
| Annual interest? | None | None | 2.5% per annum (taxable at slab rate) | 2.5% per annum (taxable at slab rate) | None |
| Rs 1.25 lakh exemption? | No | No | Not applicable | No | No |
| STT applicable? | No | Not applicable | Not applicable | No (SGBs are listed but not equity) | No |
| GST on purchase? | No | 3% GST | No | No | No |
SGB capital gains exemption applies only to redemption at maturity with RBI. Early redemption after Year 5 through RBI is also exempt. Exchange sale before maturity is taxed as capital gains. All rates exclude surcharge and 4% Health and Education Cess. SGB issuances have been paused since FY 2023-24; existing SGBs continue to trade on exchanges.
| Particulars | Equity ETF | Debt ETF | Gold / Silver ETF |
|---|---|---|---|
| Classification | Equity-oriented (if qualifying) | Depends on composition | Non-equity, listed security |
| LTCG holding period (listed) | More than 12 months | More than 12 months (if outside Section 50AA) | More than 12 months |
| STCG rate | 20% (Section 111A) + surcharge + cess | Slab rate (whether inside or outside Section 50AA) | Slab rate |
| LTCG rate | 12.5% above Rs 1.25 lakh annual exemption | 12.5% if outside Section 50AA; slab rate if inside Section 50AA regardless of holding | 12.5% (no Rs 1.25 lakh exemption) |
| Rs 1.25 lakh annual exemption? | Yes (Section 112A) | No | No |
| STT applicable? | Yes (0.001% on delivery-based sale) | No (liquid and gilt ETFs) | No |
| GST on purchase? | No | No | No |
| Section 50AA applies from FY 2025-26? | No | Yes, if more than 65% in debt/money market instruments | No (removed from FY 2025-26) |
| Key check required | Confirm equity-oriented status and STT payment | Confirm fund composition and Section 50AA applicability | Confirm listed ETF vs unlisted FoF structure |
ETF taxation involves classification checks, holding period tracking, and the Rs 1.25 lakh annual exemption aggregate. Our advisory team can help you plan your disposals before the financial year ends.
Book a Tax Planning CallETF capital losses can be set off only against capital gains, not against salary or other income categories.
The set-off rules are based on the nature of the loss (short-term or long-term), not the asset category. A long-term capital loss from a gold or silver ETF sale can therefore be set off against long-term capital gains from equity ETFs or any other capital asset in the same financial year.
| Mistake | What Actually Applies |
|---|---|
| Assuming all ETFs are taxed the same way | Equity, debt, and gold/silver ETFs have different applicable rates and rules. The underlying composition of the fund and its classification under the Income Tax Act determine the outcome |
| Applying 24-month LTCG threshold to listed gold or silver ETFs | Listed gold and silver ETF units are listed securities. Their LTCG holding period is 12 months, not 24 months. 24 months applies to physical gold/silver and unlisted fund structures like FoFs |
| Assuming STT is applicable on gold or silver ETF transactions | STT does not apply to gold ETFs, silver ETFs, liquid ETFs, or gilt ETFs. Only equity-oriented ETFs attract STT. The absence of STT on gold/silver ETFs does not change their capital gains rates |
| Assuming gold ETFs are still caught by Section 50AA in FY 2025-26 | The Section 50AA definition was amended by Finance (No. 2) Act 2024. From FY 2025-26, only debt-oriented funds (more than 65% in debt/money market) are covered. Gold ETFs and international ETFs are no longer included |
| Treating the Rs 1.25 lakh LTCG exemption as per-ETF or per-holding | It is an annual aggregate across all eligible equity LTCG (equity shares, equity ETFs, equity mutual funds). The total across all such holdings in the year must stay below Rs 1.25 lakh for the full exemption to apply |
| Confusing STCG rates across ETF types | Equity ETF STCG is 20% under Section 111A. Gold and silver ETF STCG is at the investor's slab rate. These are different rates from different sections |
| Ignoring acquisition date for debt ETFs | Section 50AA applies to units of specified mutual funds acquired on or after 1 April 2023. Units acquired before that date may be governed by different rules depending on the timing of the sale |
Yes. ETF investors face tax on IDCW distributions (at slab rate) and on capital gains when units are sold. The applicable rate depends on the type of ETF and the holding period.
No. Equity ETFs, debt ETFs, and gold or silver ETFs have different applicable rates and rules. The underlying composition of the fund and its classification under the Income Tax Act determine the outcome.
For eligible equity-oriented ETFs, LTCG is taxed at 12.5% under Section 112A on gains above the annual Rs 1.25 lakh exemption. The exemption is an annual aggregate across all eligible equity LTCG, not a per-ETF benefit.
Short-term capital gains on eligible equity-oriented ETFs (held 12 months or less) are taxed at 20% under Section 111A, plus applicable surcharge and 4% cess.
For a listed gold ETF, the holding period for long-term status is more than 12 months, since listed ETF units are listed securities. This is different from physical gold or gold mutual fund FoF structures, which require more than 24 months. Both are taxed at 12.5% LTCG, but the threshold to reach LTCG treatment differs.
No. STT (Securities Transaction Tax) does not apply to gold ETFs, silver ETFs, liquid ETFs, or gilt ETFs. STT applies only to equity-oriented ETFs. The absence of STT on gold and silver ETF transactions does not affect their capital gains rates, which are governed by normal listed securities rules regardless.
No. Gold ETF units and silver ETF units are securities, and their purchase and sale are exempt from GST. Physical gold and physical silver attract 3% GST at purchase. Digital gold also attracts 3% GST. This makes ETFs more cost-efficient at the point of purchase compared to physical metal.
The key difference is the holding period for LTCG. A listed silver ETF qualifies for LTCG after more than 12 months. Physical silver, digital silver, and a silver FoF (unlisted structure) all require more than 24 months. The LTCG rate is 12.5% in all cases. Physical silver also attracts 3% GST at purchase; silver ETF units do not. Please consult a qualified Chartered Accountant for guidance specific to your transactions.
No. The Rs 1.25 lakh annual LTCG exemption under Section 112A applies only to eligible equity assets (equity shares, equity-oriented mutual funds, and units of business trusts). Gold and silver ETFs are not equity-oriented and do not qualify for this exemption.
Not in all cases. From FY 2025-26, Section 50AA's STCG deeming rule applies only to funds investing more than 65% in debt and money market instruments. For debt ETFs that do not meet this threshold, normal listed securities rules apply: LTCG after 12 months at 12.5%, STCG at slab rate. The classification should be checked at the fund level.
Yes. Eligible capital losses can be carried forward for up to 8 assessment years, provided the ITR for the loss year was filed on time. Short-term capital loss can offset both STCG and LTCG from any capital asset. Long-term capital loss can only offset LTCG from any capital asset. A gold ETF long-term capital loss can therefore be set off against equity ETF LTCG in the same year. Please consult a qualified Chartered Accountant for transaction-specific guidance.
Disclaimer: This article is for general information and educational purposes only. It does not constitute investment advice, a recommendation, or an offer to buy or sell any ETF or securities. ETF tax rules described here are based on the Income Tax Act, 1961 as amended, applicable for FY 2025-26 (AY 2026-27). Classification rules, Section 50AA applicability, and holding period thresholds may differ by fund and may change in subsequent budgets or notifications. Please consult a qualified Chartered Accountant or tax professional for transaction-specific guidance, and a SEBI-registered investment adviser for investment decisions.
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