Hello Sir, I am 48 years old working in a software company with the monthly income of 2.5lakhs. I have 2 independent houses in which I am planning to sell one for 1.6crores and take one flat with 1.4Cr to save capital gains. below are my queries
1. Can I use remaining 20lakhs for registration, car parking to save LTCG?
2. If not, I have other house with home loan of 80Lakhs. Can I prepay the 20Lakhs for other house to save LTCG?
3. the existing house sale might conclude by April 2025, and new flat registration I am expecting in 2026 April. so the full amount to the builder will happen only in April 2026, can I keep the amount in savings account or do a short term Fixed deposit? what are the tax implications on this amount as by the time we file the income tax this deal will not close.
Ans: Hi Karunakar,
You have an House property (independent house) valued at 1.6Cr which you intend to sell and use the amount to purchase another House property (flat) with value of 1.4Cr.
You have raise multiple queries and before responding to them, I will try to explain the capital gains on house property.
Capital Gains = Sale value - cost of acquisition - cost of improvement - expenses incurred for sale (e.g. brokerage).
So first calculate the Capital gains on selling the property, as you mentioned you are selling it for 1.6Cr, so reduce it by the acquisition cost, etc.
Once you have the Capital gains amount, that is the amount you need to re-invest in another property to save tax on it, in your case the Flat (value more than the CG) can be purchase with the next 2 years and no tax will be payable.
So lets assume out of 1.6 Cr, you have CG of 1Cr, then 1Cr reinvested in another property i.e. for your flat cost of 1.4Cr, you will have no tax payable.
So its not the full value of sale, its only on the Capital gains that you need to worry for paying taxes.
The remaining amount of 60lakhs in above example can be utilized as per your requirement.
Responses
1. & 2. You can use any amount above the capital gains for any purpose you see fit - like parking, registration, loan or any other form of investment.
3. If the sale will conclude in April 2025, and your payment of the capital gains towards new flat will be April 2026, then you need to invest the capital gains amount as per below -
- if you are sure of purchase of flat, then within 6 months of sale date invest the amount in "Capital Gains Account Scheme CGAS)" in authorized banks. Amount will be kept in a special FD for 2 years and you can withdraw anytime to pay for your new property.
Within 6 months from sale of property or before tax filing for FY of sale date, i.e. FY25-26 filing date 31 July 2026, whichever is earlier, you need to make a decision.
If you are not planning to purchase another house property, then reinvest in specific long term capital gain bonds from NHAI, REC, some others, these bonds have lock-in of 5 years
If you decide to purchase another property, deposit CG in CGAS as mentioned above.
Interest earned on these deposits in taxable (under head of Other income).
Thanks & Regards
Janak Patel
Certified Financial Planner.