• Capital gain tax

I am selling a flat for 2.05 crores in april 2020,(purchased in 1989 for 3 lacs)
i have purchased a under constructed flat (agreement to sell executed in may 2019)
for 1.10 crores.possession in 2023 april.
what would be my capital gain tax.
Asked 4 years ago in Taxation

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14 Answers

Assessees can get an exemption by investing long term capital gains from the sale of house property in up to two house properties against the earlier provision of investment in one house property with same conditions. However, the capital gains on the sale of house property must not exceed Rs 2 crores.

The taxpayer has to invest the amount of capital gains and not the entire sale proceeds. If the purchase price of the new property is higher than the amount of capital gains, the exemption shall be limited to the total capital gain on sale.

 

Conditions for availing this benefit

1. The new property can be purchased either 1 year before the sale or 2 years after the sale of the property.

2. The gains can also be invested in the construction of a property, but construction must be completed within three years from the date of sale.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

Exemption under Section 54F is available when there are capital gains from the sale of a long-term asset other than a house property. You must invest the entire sale consideration and not only capital gain to buy a new residential house property to claim this exemption. Purchase the new property either one year before the sale or 2 years after the sale of the property. You can also use the gains to invest in the construction of a property. However, the construction must be completed within 3 years from the date of sale.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

1. 100% LTCG can be claimed in the following isolated or multiple circumstances, within time limit of 2/3 years:

a) Ready to move property, within 2 years, of sale of earlier property.

b) New /Under construction Flat/House on ownership plot, within 3 years, of sale of earlier property.

2. BOTH above can be claimed together, to the extent of Capital Gains amount, which in your case would be exempt entirely, provided entire LTCG is invested in above manner/s.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You can avoid paying the tax if you are reinvesting the amount in another  property within 2 years or 3 years if it is being constructed from the date of transfer of the property. You can also invest in bonds as notified under Section 54EC of the Income Tax Act. Up to Rs.50 lakhs can be invested in these bonds. If the gain is not utilised to buy another property or to invest in bonds, then it must be deposited in the Capital Gains Account scheme before filing your returns. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Capital gain is payable on the property based on the indexed value of appreciation in this case the property you are buying is is going to be registered in 2023 so it is not covered under capital gain exemption and you will be liable to pay entire capital gain tax liability in the year 2021 if you sell the property in 2020 the capital gain proceeds can be exempted only e if you purchase a property one year of sale or  purchase any property within 2 years from the date of sale of the property and using entire capital gain for purchase construction are acquiring any new property long term capital gain is taxed @ 10% plus surcharge of 3%

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Since you are selling flat after holding it for more than 20 years it would attract long term capital gains  you are liable to pay 20 per cent capital gains tax after indexation 

 

2) Long term capital gain is calculated as the difference between net sales consideration and indexed cost of property. The benefit of indexation is allowed to set off the impact of inflation from the gains made on sale of the property so that the actual gains on propertywill be taxed.

 

3)The new residential property must be purchased either 1 year before the sale or 2 years after the sale of the property/asset.

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

the new residential house property must be constructed within 3 years of sale of the property

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

Hi

Yes you can utilize the funds for construction. 

That should neutralize the tax matter.

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Dear Sir,

The following information may kindly be read;

Saving tax on long-term capital gains

  1. Guides
  2.  

  3.  Capital Gains
  4.  

  5.  Saving tax on long-term capital gains


The Income Tax Act has laid out exemptions under Section 54 and Section 54F to help taxpayers save tax on capital gains.

(1)Exemption under Section 54 is available on long-term Capital Gain on sale of a House Property.

(2)Exemption under Section 54F is available on long-term Capital Gain on sale of any asset other than a House Property.

To reiterate, both the exemptions are available only on long-term capital gains.

Common requirements between the two Sections:

  1. A new residential house property must be purchased or constructed to claim the exemption
  2. The new residential property must be purchased either 1 year before the sale or 2 years after the sale of the property/asset.
  3. Or the new residential house property must be constructed within 3 years of sale of the property/asset
  4. If you are not able to invest the specified amount in the manner stated above before the date of tax filing or 1 year from the date of sale, whichever is earlier, deposit the specified amount in a public sector bank (or other banks as per the Capital Gains Account Scheme, 1988).
  5. Only ONE house property can be purchased or constructed.
  6. Starting FY 2014-15 it is mandatory that this new residential property must be situated in India. The exemption shall not be available for properties bought or constructed outside India to claim this exemption.

Differences between these two Sections:

Section 54

Section 54F

To claim full exemption the entire capital gains have to be invested.

To claim full exemption the entire sale receipts have to be invested.

In case entire capital gains are not invested - the amount not invested is charged to tax as long-term capital gains.

In case entire sale receipts are not invested, the exemption is allowed proportionately.
[Exemption = Cost the new house x Capital Gains/Sale Receipts]

 

You should not own more than one residential house at the time of sale of the original asset.

This exemption will be reversed if you sell this new property within 3 years of purchase and capital gains from sale of the new property will be taxed as short-term capital gains.

This exemption will be reversed if you sell this new property within 3 years of its purchase or construction OR if you purchase another residential house within 2 years of the sale of the original asset or construct a residential house other than the new house within 3 years of sale of the original asset. Capital gains from the sale will be taxed as long-term capital gains.



Key points to remember

  • If the cost of the new residential property is lower than the total sale amount, then the exemption is allowed proportionately. For the remaining amount, you can reinvest the money under Section 54EC within 6 months.
  • The property must only be bought on the name of the seller and not on anybody else's name.
  • If the builder of the new residential construction fails to hand over the property to the taxpayer within 3 years of purchase, the exemption is still allowed.

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Yes you may get the benefit for capital gain on purchase of the house based on the agreement of sale. Further the calculation of capital gain would be based on Indexation so your CA.may help you with same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes you can use for same construction should complete in 3 years.


Yes you can use for same construction should complete in 3 years.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

To save LTCGT, purchase of under constructed flat with in 3 years post sale and not before sale.

To claim exemption of LTCGT, construct the house on your land.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

Use the below mentioned formula

 

Short-term capital gain= full value consideration – (cost of acquisition + cost of improvement + cost of transfer).

 

Long-term capital gain = full value of consideration received or accruing – (indexed cost of acquisition + indexed cost of improvement + cost of transfer

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

1. Long term capital gain tax of 20% will be applicable on around 95 lacs.

2. If you build house on this plot than you can claim exemption of tax over construction cost. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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