Taxation of gold ETFs and silver ETFs in India
Taxation of gold ETFs and silver ETFs in India is governed by the same framework as other “specified mutual funds” introduced by the Finance Act 2023. Gold ETFs hold physical gold (or gold-backed instruments); silver ETFs hold physical silver. Neither holds domestic equity, so both fail the 65% equity test and are classified as specified mutual funds. For units acquired on or after 1 April 2023, all capital gains are treated as short-term regardless of holding period and taxed at the investor’s income-tax slab rate. For units acquired before 1 April 2023, gains on units held for more than 36 months are LTCG at 20% with indexation under Section 112.
Tax advice disclaimer. This article is for educational reference only and does not constitute professional tax or financial advice. Tax law changes frequently and individual circumstances vary widely. Readers should consult a qualified Chartered Accountant or tax adviser before making any investment or tax-filing decision.
Structure of gold and silver ETFs
Gold ETFs and silver ETFs are exchange-traded open-ended schemes that:
- Are listed on the NSE and BSE.
- Hold physical gold or silver bullion (held in custody with a designated custodian).
- Issue units that represent a defined weight of the physical commodity (typically 1 gram per unit for gold ETFs; varying for silver ETFs).
- Are redeemable on exchange or, for large lots, directly with the AMC.
SEBI’s Operational Guidelines for Gold ETFs and subsequent circulars on Silver ETFs govern their structure. Both are classified under the “Other ETFs” category in SEBI’s fund categorisation framework, outside the equity-oriented category.
Tax classification
Gold ETFs and silver ETFs are specified mutual funds because:
- They invest in physical commodities (gold/silver), not in equity shares of domestic companies.
- Their equity allocation is 0%.
- The 35% threshold for specified-MF status is not met in the equity direction.
For Commodity Transaction Tax (CTT) purposes, gold and silver ETF transactions on the exchange are not subject to CTT (CTT applies to commodity derivatives on recognised commodity exchanges, not to ETFs).
STT is payable on ETF purchase and sale transactions on the stock exchange, as with equity ETFs. However, the payment of STT does not convert gold/silver ETF gains into equity-fund gains or attract Section 111A/112A treatment. The STT paid on gold ETF transactions is a separate cost that does not confer concessional STCG or LTCG tax rates.
Tax rates
Units acquired on or after 1 April 2023
All capital gains (regardless of holding period) are:
- Treated as short-term capital gains.
- Added to total income.
- Taxed at the investor’s slab rate.
No indexation, no LTCG rate, no Rs 1,25,000 exemption.
Units acquired before 1 April 2023
Pre-amendment regime:
| Holding period | Tax treatment |
|---|---|
| 36 months or less | STCG, slab rate |
| More than 36 months | LTCG at 20% with indexation (Section 112) |
For pre-2023 units still held as of 2024-25, the 36-month LTCG clock runs from the original acquisition date.
Comparison with physical gold and sovereign gold bonds
| Investment vehicle | Tax on gain | Indexation | Holding for LTCG |
|---|---|---|---|
| Gold ETF (post-April 2023 units) | Slab rate | No | No LTCG concept |
| Gold ETF (pre-April 2023 units, held 36+ months) | 20% with indexation | Yes | 36 months |
| Physical gold | Slab rate (STCG) or 20% with indexation (LTCG) | Yes for LTCG | 36 months |
| Sovereign Gold Bond (at maturity) | Exempt from capital gains tax on maturity redemption | N/A | N/A |
| Sovereign Gold Bond (early exit on exchange) | LTCG at 20% with indexation (if held 36+ months); STCG at slab otherwise | Yes for LTCG | 36 months |
Note: Finance Act 2024 revised the LTCG rate on gold (non-exempt) from 20%-with-indexation to 12.5%-without-indexation in certain contexts. Tax professionals should verify the current treatment of physical gold and SGB redemptions under the latest amendments.
Silver ETF-specific considerations
Silver ETFs are a relatively recent product in India (SEBI permitted them from late 2021). The tax treatment parallels gold ETFs exactly. Units acquired before 1 April 2023 enjoy the 36-month LTCG with indexation benefit; units acquired after that date are subject to slab-rate taxation.
Gold Fund of Funds
Gold Fund of Funds (investing in gold ETFs domestically) are also specified mutual funds and attract the same post-April 2023 slab-rate treatment for new units. The FoF taxation (revised 2024) article covers the FoF framework in detail.
IDCW from gold and silver ETFs
Gold ETFs and silver ETFs typically do not distribute dividends (IDCW); they are accumulation-style products. However, if IDCW is distributed, it is taxed at slab rates and subject to TDS under Section 194K.
Reporting
Gains from gold ETF and silver ETF redemptions are reported in Schedule CG of ITR-2 or ITR-3. Post-April 2023 gains are “short-term capital gain on other assets.” Pre-April 2023 LTCG is reported under “LTCG other than equity and STT paid.” Reconciliation with Annual Information Statement (AIS) is recommended.
See also
- Debt mutual fund taxation (post-April 2023)
- Indexation removal for debt MFs (Finance Act 2023)
- International MF taxation in India
- Fund of Funds taxation (revised 2024)
- Commodity Transaction Tax
- Securities Transaction Tax
- Capital gains tax in India
- AIS/TIS mapping for MF transactions
References
- Finance Act 2023 – specified mutual fund provisions.
- Income Tax Act 1961, Section 112 – LTCG on non-equity assets.
- SEBI Operational Guidelines for Gold ETFs.
- SEBI Circular on Silver ETFs (2021).
- Income Tax Act 1961, Section 48 – indexation.
- Income Tax Act 1961, Section 194K – TDS on mutual fund IDCW.
- CBDT cost inflation index notifications.