Dear Client
In India, if you want to avail of the capital gains tax exemption by investing in capital gains bonds (Section 54EC of the Income Tax Act), there are certain conditions that need to be met. While I can provide some general information, it's crucial to consult with a tax professional or a legal expert for specific advice tailored to your situation. Here are some key points to consider:
Property Registration: To be eligible for the capital gains tax exemption, the property must be registered in your name. In your case, since the property is not yet registered under your name, you may not be eligible for this exemption.
Capital Gains Bonds: You can invest the capital gains from the sale of a property in specified capital gains bonds within six months of the sale to claim the exemption. These bonds are typically issued by institutions like the National Highways Authority of India (NHAI) and the Rural Electrification Corporation (REC). The maximum amount that can be invested in these bonds is subject to a cap (e.g., Rs. 50 lakh as of my last update in September 2021). The bonds typically have a lock-in period of 5 years.
Short-Term Capital Gains: If your property was held for a period of less than two years (as in your case), the gains would typically be considered short-term capital gains. As of my last update, short-term capital gains on property are subject to taxation at your applicable income tax slab rate.
Given your specific scenario, where the property is not yet registered in your name and it's a short-term capital gains situation, you may not be eligible for the capital gains tax exemption through bonds. Instead, you will likely be subject to short-term capital gains tax.