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54F Exemption for Home Loan Repayment: Reader's Query

Samkit

Samkit Maniar  |174 Answers  |Ask -

Tax Expert - Answered on Aug 28, 2024

CA Samkit Maniar has eight years of experience in income tax, mergers and acquisitions and estate planning.
He has graduated from Mumbai’s N M College of Commerce and Economics and has completed his CA from The Institute of Chartered Accountants of India."... more
SNEHAL Question by SNEHAL on Aug 07, 2024Hindi
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I had contructed one house property in 2017 by taking home loan. In 2024 I have sold another house property, Can I avail benefit of 54F exemption to repay loan amount

Ans: The time limit under section 54 is that if you sell your house then you can construct your house 3 years after the sale. In your case, it is exactly opposite wherein construction is followed by sale and hence the same will not aid you for capital gains tax perspective.

Please consult your CA before moving ahead.
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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Ramalingam

Ramalingam Kalirajan  |7592 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jun 09, 2024

Asked by Anonymous - Jun 08, 2024Hindi
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I have purchased a under construction property in Aug2021 and possession is in 2024 dec. I have sold my existing house in jan'24 and investing the full amount in the new flat can i get benifits under section 54f
Ans: Understanding Section 54F of the Income Tax Act
Thank you for sharing your query. Section 54F of the Income Tax Act, 1961, provides tax relief on long-term capital gains arising from the sale of any capital asset other than a residential house, provided the net sale consideration is reinvested in purchasing or constructing a residential house. This section aims to encourage investment in residential properties by providing tax exemptions on capital gains.

Eligibility Criteria for Section 54F
To avail the benefits under Section 54F, certain conditions must be met:

Long-Term Capital Gain: The asset sold should be a long-term capital asset.
Investment in Residential Property: The net consideration from the sale should be invested in purchasing or constructing a residential property within the specified period.
Single Residential Property: The taxpayer should not own more than one residential house property, other than the new house, on the date of transfer.
Time Frame for Investment:
Purchase: Within one year before or two years after the date of transfer.
Construction: Within three years from the date of transfer.
Your Scenario: Selling and Reinvesting in a New Property
You sold your existing house in January 2024 and plan to invest the entire amount in an under-construction property, with possession due in December 2024. Let’s evaluate how you can benefit under Section 54F.

Timeline of Events
Purchase of Under-Construction Property: August 2021
Sale of Existing House: January 2024
Possession of New Property: December 2024
Meeting the Conditions for Section 54F
Long-Term Capital Gain
Assuming the property sold in January 2024 was held for more than 24 months, the gain qualifies as a long-term capital gain, making you eligible for Section 54F benefits.

Investment in Residential Property
You plan to invest the entire sale proceeds in a new property purchased in August 2021. This new property is under construction, with possession due in December 2024. Here, the critical aspect is the timing of your investment and possession.

Assessing the Time Frame for Investment
According to Section 54F, the construction of the new property should be completed within three years from the date of sale of the original property. Since you sold your house in January 2024, the construction of your new house should be completed by January 2027. Since possession of your new house is expected in December 2024, it falls well within the stipulated three-year period, making you eligible for the exemption under Section 54F.

Calculation of Exemption
The amount of exemption under Section 54F is proportional to the investment made. If the entire sale consideration is invested, the entire capital gain is exempt. If only a part of the consideration is invested, the exemption is calculated proportionately.

Example Calculation
Let’s assume the following figures for clarity:

Sale Consideration of Existing House: Rs 50 lakhs
Cost of Under-Construction Property: Rs 60 lakhs
Capital Gain from Sale: Rs 20 lakhs
Since you are investing the full sale consideration of Rs 50 lakhs in the new property, the entire capital gain of Rs 20 lakhs is exempt under Section 54F.

Documentation and Compliance
To ensure smooth claiming of the exemption under Section 54F, maintain proper documentation, including:

Sale Deed of the Existing Property: Documenting the sale transaction.
Agreement to Sell and Purchase of New Property: Showing the reinvestment of the sale proceeds.
Proof of Construction/Completion: Possession certificate or completion certificate from the builder, indicating the date of possession.
Additional Points to Consider
Holding Period
To retain the benefits of Section 54F, the new property must be held for at least three years from the date of its acquisition or construction. If sold within this period, the capital gains exempted earlier will become taxable in the year of sale.

Multiple Properties
Ensure you do not own more than one residential property, other than the new house, on the date of transfer of the original asset. Owning multiple residential properties can disqualify you from availing the exemption under Section 54F.

Importance of Certified Financial Planner (CFP) Guidance
Navigating tax laws can be complex, and professional guidance ensures compliance and optimal tax savings. A Certified Financial Planner (CFP) can help you strategically plan your investments, ensuring maximum benefits under applicable tax laws while aligning with your long-term financial goals.

Strategic Investment Planning
While real estate investment offers tax benefits, diversifying your portfolio is crucial for balanced growth. Alongside property investments, consider the following:

Equity and Mutual Funds
Equity and mutual funds offer high growth potential, beating inflation over the long term. Actively managed funds, guided by a CFP, can provide superior returns compared to index funds due to strategic stock selection and management.

Public Provident Fund (PPF)
PPF is a risk-free investment with tax benefits under Section 80C. Regular contributions to PPF provide a stable corpus for long-term goals.

Systematic Investment Plan (SIP)
Investing in mutual funds through SIP ensures disciplined investing and benefits from rupee cost averaging, mitigating market volatility.

Evaluating Direct vs. Regular Funds
While direct funds have lower expense ratios, the expertise of a CFP in regular funds can enhance overall returns through strategic asset allocation and periodic rebalancing. This professional guidance often outweighs the cost advantage of direct funds.

Ensuring Adequate Insurance
Adequate health and life insurance coverage is crucial. It protects your family and investments from unforeseen events, ensuring financial stability.

Emergency Fund
Maintain an emergency fund covering 6-12 months of living expenses. This ensures liquidity and financial security in case of unexpected expenses or income disruptions.

Tax Planning and Compliance
Efficient tax planning enhances net returns. Utilize available tax-saving instruments and ensure compliance with tax laws to avoid penalties and maximize savings.

Final Insights
Your strategic approach to reinvesting the sale proceeds from your existing property into a new under-construction property aligns well with the provisions of Section 54F. This allows you to benefit from significant tax exemptions on long-term capital gains, ensuring compliance with the stipulated conditions.

Maintaining proper documentation, adhering to holding periods, and leveraging professional guidance from a Certified Financial Planner ensures optimal financial planning and tax efficiency. Diversifying your investments, maintaining adequate insurance, and having an emergency fund further strengthen your financial foundation.

Your commitment to informed financial decisions sets a strong foundation for achieving your long-term financial goals, ensuring a secure and prosperous future.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

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I am a 20 years old guy and in my past romantic relationships, have shown signs of emotional instability, too much dependency and lack of awareness of boundaries which affected my relationships badly...I hadn’t interacted with people in a long while since 2020 (precisely when lockdown had started) and feel that some aspects of my personality are not developed fully as they should be at this age. How to work on this? Also, i have noticed that I am able to create a good first impression but it soon pales and I feel like I am subtly disrespected or talked down to, and this has been happening in all interactions...i am always respectful (often to a fault!) and even have people pleasing tendencies...i sometimes ask immature weird questions and that might probably be the reason (but they’re never inappropriate)...but i do want to gain insights into why i am experiencing what i am and how to navigate this situation well so that I can maintain healthy relationships in future. Thanks you!
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First of all, I want you to understand that it is no small feat to realize the quirks and imperfections in ourselves- you have done it. Your effort to understand and rectify them deserves to be acknowledged and appreciated.
Now, coming to your question, I can only give you some general advice on each-
Emotional instability and dependency- these behavioral patterns can stem from various factors; it can be a lack of confidence or some past issues that are left unresolved. It is difficult for me to tell you exactly why it is happening. It can also arise from a lack of validation. To manage it, you can focus on self-regulation- like meditation or journaling whenever you feel these emotions rising. This way you are expressing them but not damaging your relationships. Take up new hobbies or goals. Achieving milestones can build confidence.
Navigating Boundaries- You can speak to your partner in the early stage of the relationship to understand their boundaries. This way there will be clarity and you won't overstep. You can set up some boundaries too.
For better interpersonal skills, you can proactively follow some rules- like active listening, avoiding overthinking, asking open-ended questions, and resisting the urge to seek your partner's approval.
About the awkward questions- it is important to understand that you might perceive them as awkward, but the person opposite to you might think of it as a genuine curiosity. As long as it isn't intrusive or inappropriate, there are no awkward questions.
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I’ve been in a relationship with a girl for the past 4 years, but due to various issues, things have become extremely complicated. Her father doesn’t approve of me, and my mother doesn’t like her either. Despite this, we’ve managed to stay together all these years. The problem is now escalating. My family is pressuring me to marry someone else, but I’m unable to leave her. At the same time, I feel I can’t marry her either because of her behavior and the ongoing issues with my family. I’ve tried to ask her to change certain things, but she hasn’t made any efforts in that direction. To make matters worse, her mother supports our relationship and trusts me, which makes it even harder for me to walk away. I don’t want her to marry someone else, but I also feel stuck because of my family’s expectations and the challenges in our relationship. Even If I leave her I don't know what she is going to do. What should I do in this situation to make the best decision for everyone involved?
Ans: it's crucial to reflect on what you truly want and need from a relationship. Ask yourself if this relationship brings you the happiness and fulfillment you seek, or if the challenges you face are too significant to overcome. It's important to differentiate between staying out of love and staying out of fear or obligation.

Talking to your partner openly is essential. Share your concerns honestly and listen to her perspective. If there are changes you've hoped for, express why they matter to you. At the same time, recognize that change is a two-way street—it requires effort and willingness from both sides. If she hasn't made efforts in the areas you've discussed, it may be worth considering whether this is a pattern that can be changed or a fundamental mismatch in expectations.

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Kanchan

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Relationships Expert, Mind Coach - Answered on Jan 20, 2025

Asked by Anonymous - Jan 09, 2025Hindi
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My age is 41 years. I have two kids. Nurturing n looking after them n whole home single handedly. I am a visiting faculty in a institute . Earns very nominal earning. My husband hits me, taunts me and use very arrogant words to me like tumhe belt se maarunga n similar many worst words. His family has been always unsupportive to me . Now after 16 years of marriage, he still wants me to please his mother n other family. Which I completely avoid as they have never supported me and always boycotted me. His real brother is in politics and all family members including his cousins do follow him and boycotted me n husband. Now for everything my husband blames me and says if you gave pleased them, all might have good. But inspite of pleasing them a lot , they are like treating me like I am a stranger. I handle n manage everything still by the end of the day.... everything is in vain. Husband says...What you did for home? I will never ever give my money to you and so on. I am literally in trouble thoughts, what to do ? I even many times thought to end my life but my kids are the reason I continuously bears everything. Please suggest what shall I do.
Ans: it's important to acknowledge that no one deserves to be treated with such disrespect and abuse. Your feelings of isolation and frustration are valid. It can feel overwhelming when the people who should support you instead make you feel like an outsider.

In situations like this, it’s crucial to find support outside the immediate family. Reach out to trusted friends, family members, or support groups who can offer you emotional strength and practical advice. Consider speaking with a counselor or therapist who can help you navigate these complex emotions and provide strategies for dealing with the abuse and stress.

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DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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