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Can I Avoid Paying Income Tax on Long-Term Capital Gains (LTCG) When Selling a House?

T S Khurana

T S Khurana   |96 Answers  |Ask -

Tax Expert - Answered on Aug 10, 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
Alok Question by Alok on Jul 29, 2024Hindi
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I had purchased a house in 2010 at Rs 1600000. Now I want to sell it off at Rs 4200000 in 2024. If I invest this amount in purchasing another flat costing Rs 6500000 in 2025 or 2026, will I have to pay income tax on the LTCG.

Ans: You may not have to pay LTCG tax under the given circumstances BUT, please ensure that gap between the sale of Property & purchase of new Flat should not be more than 2 years.
Most welcome for any further clarifications. Thanks.
Asked on - Aug 10, 2024 | Answered on Aug 10, 2024
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Do I have to declare the (LTCG) sell transaction in AY 2025-26. In that case how do I save tax as I will purchase the flat in FY 2025-26.
Ans: 01. Yes. You will have to declare LTCG for sold property after April 2024, in the ITR of AY 2025-26.
02. You may avail the exemption u/s 54. If you purchase new property till the last date of filing your ITR (31st July), there is no problem. If you purchase the same after that date, then, you may keep the amount of Investment in Capital Gain Account Scheme with a bank. However, you are supposed to purchase new house with in 2 years of sale of property, on which there is a LTCG.
Most welcom 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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Ramalingam

Ramalingam Kalirajan  |6336 Answers  |Ask -

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

Asked by Anonymous - Apr 21, 2024Hindi
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I am a NRI, I booked a flat for Rs 60 Laks in Nov 2009, paid the builder in EMIs through bank loan and took possession in Nov 2011, now intend to sell (on sale will get say Rs 1.2 Cr) this flat say by 1.7.2024 and buy a new flat (say agreement in Dec 2024) costing Rs 1.8 Cr again through bank loan and possession will be in Oct 2027; now what will be my LTCG tax applicability for the sale of old flat and purchase of new flat. I will adjust Rs one crore from sale of old flat proceeds with the new flat buying; both the properties are in Hyderabad/India.
Ans: LTCG Tax Applicability for Your Scenario
Based on the information you provided, here's how LTCG tax will likely apply to your situation:

Old Flat Sale:

You booked the flat in Nov 2009 and took possession in Nov 2011. Since the sale will happen after 2 years from possession (Nov 2011), it qualifies as Long-Term Capital Gain (LTCG).
LTCG on the sale of the old flat will be calculated as follows:
Sale consideration (estimated): Rs 1.2 Cr
Cost of acquisition (including stamp duty, registration charges etc. incurred in 2009): Let's say Rs 65 Lakhs (approximate figure, you'll need the actual amount)
LTCG = Rs 1.2 Cr - Rs 65 Lakhs = Rs 55 Lakhs
Tax on LTCG:

There are two ways to potentially reduce or eliminate your LTCG tax liability:

Section 54: This section allows exemption of LTCG on the sale of a residential property if the capital gains are invested in a new residential property within one year before or three years after the sale. In your case, since you plan to buy a new flat with some of the proceeds (Rs 1 Cr) within the prescribed timeframe (agreement in Dec 2024, which falls within 3 years of the sale in July 2024), you can potentially claim exemption under Section 54 for a portion of the LTCG (up to Rs 1 Cr).

Capital Gains Tax with Capital Gains Bonds (Section 54EC): If the investment in the new flat falls outside the window for Section 54, you can explore Section 54EC. This section allows investing LTCG in specific government bonds within 6 months of the sale to get exemption. However, the bonds typically have a lock-in period of 3 years.

New Flat Purchase:

The purchase of the new flat itself won't have any tax implications unless you decide to sell it in the future.

Important Points:

The actual cost of acquisition for the old flat will be crucial for calculating the exact LTCG amount.
Consult a tax advisor for a more precise assessment of your tax liability considering all the details and claiming exemptions effectively. They can advise you on the best approach based on your specific situation (e.g., Section 54 vs. 54EC).

Best Regards,

K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in

..Read more

Latest Questions
Ramalingam

Ramalingam Kalirajan  |6336 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Sep 19, 2024

Asked by Anonymous - Sep 18, 2024Hindi
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Sir my son in 2009 invested in Mutual fund rs.5000/- and again rs.5000/- another in 2011 total rs.10,000/- with Reliance mutuval funds later this company changed in the name of Nippon India private limite. My son at the of investments he had Old PAN no. Later on job purpose gone abroad and settled. He came in 2019 and submitted redeem his units say 2250 units currenly valued rs. 50,000 above . His application was rejected at first Old PAN Card not surrendered so he surrendered same with original attached with NRE status PAN and submitted agiain who they says You have to link his Aadhar card. He is not in a position to obtain this because he may get citizenship. I referred to SEBI and RBI to intervene but no response from them Please guide me how to redeem and get my son’s investments which I require for my ailing age of 78. Thanks in advance If you require his PAN no surrendered and obtained new NRE status PAN no.
Ans: Since your son cannot link his Aadhaar due to his NRI status, the best approach would be to reach out directly to Nippon India Mutual Fund and explain the situation. You can request the redemption process based on his NRI PAN and KYC status without Aadhaar linking.

Here's what you can do:

Contact Nippon India: Explain that your son is an NRI and cannot obtain an Aadhaar card. Request guidance for an NRI-specific redemption process.

Submit an NRI KYC Update: Ensure that your son's new PAN and NRI status are updated in the KYC records with the fund house. This can be done via the KYC Registration Agency (KRA) or CAMS for mutual funds.

Alternative Contact: If there is no response from the fund house, consider contacting AMFI or SEBI again, providing all necessary documents.

These steps should help you resolve the issue and redeem the units without requiring Aadhaar linkage.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

...Read more

Ramalingam

Ramalingam Kalirajan  |6336 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Sep 19, 2024

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Hello sir, With your earlier suggestion to achieve 5Cr for retirement and my 3yr old son's education, I'm planning the following monthly investment ( apart from current Parag, Nippon and Mirae investment of 10L+ 10L in PPF): Son's Parag: 8 My Parag:10 Mirae nifty ev & new age:30 Quant Infra:15 Nifty500 Manufacturing:10 Small cap:10 Mid cap:10 NPS vatsalaya:5(giving 25L) Term plan of 3Cr:8K Monthly in-hand savings:15k Plz suggest if I'm over diversifying & suggestion for small and mid cap fund
Ans: You have a good balance between long-term goals, such as retirement and your son's education, with monthly investments across multiple funds.

Investing Rs 15,000 of monthly savings alongside current investments and having Rs 10 lakh each in Parag and PPF is commendable. This shows discipline in securing your financial future.

Portfolio Overview
Let’s assess the diversification of your portfolio:

Son's Parag: Rs 8,000/month
This could be a good long-term investment for your child's future.

Your Parag: Rs 10,000/month
This adds value to your retirement goal.

Mirae Nifty EV & New Age: Rs 30,000/month
Investing Rs 30,000 in a thematic fund is a bold move. However, ensure this is for the long-term, as sector-specific funds can be volatile.

Quant Infra: Rs 15,000/month
Infrastructure is a good bet for growth in India. However, similar to thematic funds, it can be cyclical.

Nifty500 Manufacturing: Rs 10,000/month
Manufacturing is an essential part of India’s growth story. Still, its performance can depend on broader economic factors.

Small Cap: Rs 10,000/month
Small caps provide high growth potential but come with higher volatility. Keep a horizon of at least 7-10 years.

Mid Cap: Rs 10,000/month
Mid-cap investments are good for growth, but they too require a longer horizon.

NPS Vatsalaya: Rs 5,000/month
A good addition for retirement, as it provides long-term benefits and pension security.

Term Plan of Rs 3 crore: Rs 8,000 premium
This is a necessary expense to ensure your family’s financial security in your absence.

Assessing Over-Diversification
While diversification reduces risk, too much of it can dilute returns. Your portfolio seems slightly over-diversified.

Consider reducing thematic exposure (Mirae Nifty EV & Quant Infra) as they make up a large portion of your investments.

It might be more beneficial to concentrate on core funds like small caps, mid caps, large caps, and a flexi-cap fund for diversification across market caps without the risks of being overly thematic.

Small Cap and Mid Cap Suggestions
For small cap funds, consider selecting ones with a consistent performance history and a good track record in handling market volatility.

For mid cap funds, those that have shown steady growth across different market conditions will be a safer bet for building long-term wealth.

Instead of focusing on individual scheme names, select funds with a solid investment team, strong processes, and consistent performance.

Direct vs Regular Funds
Switching to Direct Funds might seem like a good idea due to the lower expense ratio. However, this shift means losing the valuable guidance of a Certified Financial Planner (CFP) who can help you optimize your investments over time.

By sticking with Regular Funds through a professional MFD (Mutual Fund Distributor), you get personalized advice, monitoring of your investments, and support with tax-saving strategies. Regular funds also provide better handholding, which is crucial in volatile times.

Disadvantages of DIY Platforms
Platforms like MF Central or Zerodha may look attractive for their lower fees, but they have their drawbacks:

Complexity: Managing your portfolio without professional help can be complicated, especially when it comes to tracking performance, rebalancing, or adjusting investments based on changing goals.

Lack of Tax Optimization: Without professional guidance, you may not optimize for taxes, potentially losing out on gains.

No Personalized Advice: Unlike a Certified Financial Planner, DIY platforms will not provide you with tailored advice for your financial goals, leaving you to manage everything yourself.

Long-Term Return Expectations
Your current mutual funds are performing well, but you must be prepared for market volatility. While returns can be 20% in short-term spurts, a more realistic long-term average would be around 12-15%. This will help in planning more effectively for your goals like your son’s education and your retirement corpus of Rs 5 crore.

Final Insights
Your disciplined approach and allocation to mutual funds and NPS are excellent for long-term wealth building. However, fine-tuning your portfolio for better efficiency and consolidation will enhance your returns.

Review the Thematic Funds: Consider reducing your exposure to thematic funds like EV, infrastructure, and manufacturing. These sectors can be volatile and may require active monitoring.

Stick with Regular Funds through an MFD: While direct funds may seem appealing, sticking with regular funds and leveraging the expertise of a Certified Financial Planner ensures you won’t miss out on personalized advice and tax optimization.

Focus on Core Funds: Keep a balanced allocation towards small-cap, mid-cap, and large-cap funds to ensure you cover different market cycles and benefit from market growth.

Adjusting for Volatility: Remember that 20% returns might not be sustainable over the long term. It's safe to plan for 12-15% average returns for your financial goals.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

...Read more

Ramalingam

Ramalingam Kalirajan  |6336 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Sep 19, 2024

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I have ~40L in my portfolio and all my MF`s are Regular funds since I have been investing thru ICICIDirect. Now I want to start investing into Direct funds since I realize that Direct funds have lower Expense ratio. So I want to invest thru MFcentral or Zeroda. Now, my quesiton is: Is it a good idea to cancel my existing MF`s (not redeeming) in ICICIDirect and start new direct SIP`s ? Will I be loosing compounding effect of my existing regular MF`s? I dont want to redeem the SIP`s since it will incurr large LTCG taxes
Ans: It may seem tempting to switch to Direct Funds for the lower expense ratio, but there are key factors to consider before making the switch.

Here are a few points in favor of continuing with Regular Funds through a Certified Financial Planner (CFP) or a professional Mutual Fund Distributor (MFD):

Value of Professional Advice
A professional MFD or CFP adds value by offering timely advice, portfolio reviews, and strategic changes based on market conditions and your financial goals. They help you stay focused on long-term plans and avoid emotional decisions.

Platforms like MF Central or Zerodha do not offer personalized advice. You’re left managing the complexities of your portfolio alone, which can be overwhelming and risky, especially during volatile markets.

Disadvantages of Direct Platforms
MF Central and Zerodha are DIY (Do-It-Yourself) platforms. While the lower expense ratio seems appealing, managing the portfolio on your own requires time, expertise, and market insight. Any wrong move could cost you more than you save in expense ratio.

MF Central is not user-friendly and does not offer real-time support for managing SIPs, rebalancing, or tracking your overall portfolio’s health.

Zerodha is a trading platform, but it doesn’t come with personalized advice. It lacks the long-term relationship benefits that an MFD or CFP provides, including goal-based planning and tax-efficient strategies.

Compounding Effect & Tax Implications
Cancelling your existing SIPs and switching to direct funds will not directly affect the compounding of your current investments. However, starting new SIPs in Direct Plans could lead to a disjointed investment strategy. You may also lose out on expert guidance that helps optimize the compounding effect through proper fund selection and market timing.

Switching to direct funds might seem cost-effective in the short run but could result in higher LTCG (Long Term Capital Gains) taxes if you later decide to rebalance your portfolio on your own without professional help.

Avoid Disruption
Switching platforms might disrupt your current portfolio management process like consolidated reports and capital gains tracking, which helps during tax filings. On DIY platforms, you will have to manage all of this yourself.

If you are not satisfied with ICICIDirect's services, you can always switch to another professional MFD or Certified Financial Planner (CFP). A good MFD will still provide the benefits of seamless portfolio management, including consolidated reports, capital gains tracking, and regular reviews, which are critical during tax filings and for keeping your investments aligned with your goals.

Final Thought
Instead of switching to direct plans, continue with Regular Plans through a professional MFD or CFP. The personalized advice you receive will often outweigh the slight difference in expense ratio. Regular reviews, goal setting, and rebalancing help ensure your portfolio remains aligned with your long-term objectives.

Making hasty decisions based on expense ratio alone can lead to missed opportunities and higher risks in the long run.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

...Read more

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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