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Can I claim capital gains tax exemption on the sale of under-construction flat?

T S Khurana |367 Answers |Ask -Follow

Tax Expert - Answered on Nov 26, 2024

A certified management accountant since 1993, T S Khurana is a fellow member of The Institute of Cost Accountants of India. His areas of expertise are income tax, specifically litigation cases, and GST.

Since the last 21 years, he has also been providing expert advice on financial matters, including investments and diversification of funds, and wealth building in the long term to his clients.
He believes that investment in real estate is the safest way for better returns and wealth generation over a period of time.

A former chairman of the Chandigarh Chapter of Institute of Cost Accountants of India, T S Khurana has also served as member of its technical committee.... more

Question by Deep on Oct 30, 2024Hindi

Money

I have 2 under-construction flats of 35L each ( i.e. total 70L ) which I had got via government lottery in the name of my Mother and Father respectively. Based on the status I think it will take another 2 years to be completed ( i.e. by 2026 ) and then I intend to sell them immediately after getting possession. This sale should fetch me around 1.2 Cr. I am planning to buy a new flat which would cost around 1.9 Cr and I will take a home loan to the max possible extent based on eligibility ( my yearly gross income is 40L ). The flat is a new launch and is expected to be completed and handed over by 2028. Will I be eligible to claim capital gains tax ( STCG or LTCG? ) exemption on that sale mentioned before, if I buy this flat now?

Ans: 01. You have to purchase a new house property within 2 years after Sale of Flat, to enable you to be entitled for exemption u/s 54. Kindly watch timeline, between sale & purchase of Flats.
Most welcome for any further clarifications. Thanks.

DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.

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Hello Sir, I need your advice in sale of flat, Sir, I booked one Under construction flat @ Virar In June 2004 for Rs.17,74,000 and paid Stamp duty of Rs.67,440 and the Registration charges of Rs.17,740 on that , of which I for possession in June 2014, Sir, I sold that flat in June 2023 for Rs.41,50,000/- Sir, how much I m liable to pay LTCG on that and within how much time I have to pay that tax to the Income tax Authorities, as I do not intend to invest in the new property.

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Indexed cost of acquisition can be calculated with the help of income tax calculator available at https://incometaxindia.gov.in/Pages/tools/indexed-cost-of-acquisition-or-improvement.aspx.

Property is booked in 2004 but payment would have done gradually till 2014. Thus, indexation benefit is available on each of the payment from each of date of payment.

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