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Filing Income Tax Returns (ITR) is a crucial financial responsibility for taxpayers in India. For the Assessment Year (AY) 2025-26, which corresponds to the Financial Year (FY) 2024-25, many individuals earn income through salaries and capital gains. Understanding how to file ITR for salary and capital gains, along with the latest updates, can help taxpayers comply with tax laws and optimize their tax liabilities.
Before diving into tax rules, let’s quickly understand what these two income types mean:
Capital gains are of two types: Short-Term Capital Gain: Profit from selling an asset within a short holding period (usually less than 12 or 24 months) and Long-Term Capital Gain: Profit from selling an asset after holding it for a longer time.

For Assessment Year (AY) 2025-26, which corresponds to the Financial Year (FY) 2024-25, the due date for filing ITR 2 for individuals whose accounts are not required to be audited has been extended to September 15, 2025.
Initially, the due date was July 31, 2025, but the Central Board of Direct Taxes (CBDT) extended it due to extensive changes in the ITR forms and the time needed for system readiness and rollout of utilities.
The tax rules for AY 2025-26 include several major updates that impact salaried individuals and those earning capital gains:
The new tax regime now offers a higher tax-free income limit. If your total income, including salary, is up to ₹7 lakh, you could pay zero tax due to the enhanced Section 87A rebate and increased standard deduction of ₹75,000.
New rates apply based on whether the capital gains occurred before or after 23 July 2024.
Taxpayers with only salary income and LTCG up to ₹1.25 lakh (and no STCG or capital loss) can now file using ITR-1 or ITR-4, which are easier and faster to complete.
You must file an ITR if your total income exceeds ₹2.5 lakh (old regime) or ₹3 lakh (new regime). However, even if you are within limits, filing is compulsory in the following cases:
Your income sources determine which ITR form you need. Here’s a quick summary:
| Income Type | Applicable ITR Form | Notes |
|---|---|---|
| Salary only, 1 house, LTCG ≤ ₹1.25L, no STCG | ITR-1 | Simplest form |
| Salary + LTCG > ₹1.25L or STCG | ITR-2 | For capital gains |
| Salary + business income + capital gains | ITR-3 | For freelancers, traders |
| Presumptive income (small businesses) + capital gains | ITR-4 | Only if capital gains ≤ ₹1.25L |
If you have any short-term capital gain or carry-forward losses, ITR-2 or ITR-3 is mandatory, even if gains are small.
For real estate, you can still opt for 20% with indexation for property bought before July 2024. This gives flexibility to reduce your tax liability.
Maximize savings and meet deadlines—file ITR for salary, gains.
Call: +91 98182092461. Can I file ITR-1 if I have capital gains?
No, ITR-1 cannot be used if you have any taxable capital gains. However, if your only capital gains are exempt (like LTCG under ₹1.25 lakh from equity), you may still be able to use ITR-1—but only if there are no STCG or losses.
2. Which ITR form should I file if I have salary and capital gains?
If you have:
3. Is capital gain allowed in ITR-1?
Only exempt long-term capital gains (LTCG) up to ₹1.25 lakh on listed equity shares or mutual funds may be shown in ITR-1. Any taxable capital gains or short-term capital gains (STCG) require ITR-2 or higher.
4. Can I show capital gains in ITR-4?
ITR-4 is only allowed if:
5. Which ITR form for capital gains?
Use:
6. I have capital gains—can I use ITR-1?
Only if:
7. Which ITR to file for salaried person with capital gains?
8. What is the correct ITR form for capital gain and salary income?
9. Can capital gains be reported in ITR-1 or ITR-4?
Only if:
10. What happens if I choose the wrong ITR form?
Your return may be invalid or defective, and you may not be able to carry forward losses or claim refunds. Always choose the correct ITR based on your income type and capital gains status.
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