Can I Offset Property Loss Against Share Sale Gain?

Ans: Yes, long term capital loss covered in Sec 112 can be set off against long term capital gain covered in Sec 112A. For gain above 1lacs is taxable @10% in Sec 112A

Ans: Long term capital loss can be set off only against long term capital gains (either of the same year or 8 years thereafter).

Accordingly, you may set off long term loss on house property against long terms gains on equity shares / mutual funds.

Please seek guidance from your CA as well.

Ans: In India, the Income Tax Act has specific provisions for the treatment of capital gains and losses. Here’s how it generally works:

1. Same Category Set-Off: Long-term capital losses (LTCL) can only be set off against long-term capital gains (LTCG). Similarly, short-term capital losses (STCL) can only be set off against short-term capital gains (STCG) or LTCG.

2. Carry Forward of Losses: If the capital loss cannot be fully set off in the same financial year, it can be carried forward for up to eight assessment years immediately succeeding the assessment year in which the loss was first computed. However, the carried-forward losses can only be set off against long-term capital gains in subsequent years.

Specific Case: LTCL on Property and LTCG on Stocks

• Long-term capital loss (LTCL) from property: This is a loss incurred on the sale of a property held for more than 24 months.
• Long-term capital gain (LTCG) from equity investments: This refers to gains from the sale of equity shares or equity mutual funds held for more than 12 months, which are subject to specific tax rates.

According to Indian tax laws:

• Set-Off: Yes, you can set off your long-term capital losses from the sale of property against your long-term capital gains from the sale of equity investments (stocks).

Example Scenario:

• LTCL from Property: Rs 10,00,000
• LTCG from Equity Investments: Rs 8,00,000

Here’s how you can handle it:

• Offset the Rs 8,00,000 LTCG from equity investments with Rs 8,00,000 of the Rs 10,00,000 LTCL from property.
• You will have Rs 2,00,000 of LTCL remaining, which you can carry forward for up to eight assessment years.

Filing and Reporting:

• Schedule CG: You need to report these transactions in Schedule CG of your Income Tax Return (ITR).
• Carry Forward Loss: Ensure you file your tax return before the due date to be eligible to carry forward the loss.

Key Points

• Tax Rates: LTCG on equity shares and equity mutual funds exceeding Rs 1 lakh is taxed at 10% without the benefit of indexation.
• Documentation: Keep all transaction records, such as purchase price, sale price, dates, and related costs.

It is advisable to consult a tax professional or financial advisor to ensure compliance with current tax laws and to optimise your tax planning strategy.

Ans: You bought a flat in Chennai for Rs. 29 lakhs in 2009. You sold it for the same price in 2024. This scenario involves calculating the long-term capital loss.

Calculating Long Term Capital Loss
Original Purchase Cost:

You bought the flat for Rs. 29 lakhs in 2009.

Additional Costs:

You paid Rs. 15 lakhs in interest and Rs. 3 lakhs for interiors. However, without bills, it’s tough to claim the interior costs. Interest paid on a home loan is also not considered part of the cost for capital gains purposes.

Sale Price:

You sold the property for Rs. 29 lakhs in 2024.

Indexed Cost of Acquisition:

Indexation helps to adjust the purchase cost to account for inflation. This reduces your capital gains.

Indexed Cost Calculation:
The Cost Inflation Index (CII) for 2009-10 is 148, and for 2023-24, it is 348.

Indexed Cost of Acquisition = Purchase Price * (CII of Sale Year / CII of Purchase Year)

Indexed Cost of Acquisition = 29,00,000 * (348 / 148) = Rs. 68,14,865.54

Long Term Capital Loss
Selling Price: Rs. 29,00,000

Indexed Purchase Price: Rs. 68,14,865.54

Long Term Capital Loss = Selling Price - Indexed Purchase Price
= Rs. 29,00,000 - Rs. 68,14,865.54
= Rs. -39,14,865.54

You have a long-term capital loss of Rs. 39,14,865.54.

Using Indexation Option
You can use indexation to adjust the purchase cost for inflation. This helps to accurately reflect the real value.

Booking Long Term Capital Loss
To book the long-term capital loss, follow these steps:

Document the Sale:

Keep the sale deed and bank statements showing the sale proceeds.

Calculate Indexed Cost:

Use the Cost Inflation Index for the purchase and sale year.

File Income Tax Return:

Declare the long-term capital loss in your ITR. You can carry forward this loss for up to 8 years to set off against future capital gains.

Documents Required
Purchase Deed:

Document from 2009 showing the original purchase price.

Sale Deed:

Document from 2024 showing the sale price.

Bank Statements:

Proof of receipt of sale proceeds.

Cost Inflation Index:

Values for 2009-10 and 2023-24.

Interest Proof:

Though interest isn't included in cost calculation, keep proofs for future reference.

Final Insights
You can claim a long-term capital loss of Rs. 39,14,865.54.
Use indexation to calculate this loss accurately.
Maintain proper documents to support your claim.
File the loss in your income tax return to offset future gains.
Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in