Hello sir...the commercial property ( purchased in 2003 for 6.5 lakhs) that I have sold is registered on two names .the first name is mine and the second name is of my husband. my husband can't take tax benefit as he has already two properties on his name.i have already invested 63 lakhs in under-construction residencial flat in nov 24. this property is already registered and it's possession is expected in June 2027 and i have sold my commercial property in June 25. i have taken the cheque of 1.1 cr on my name and five lacs on my husband'name. So now how it can be calculated to save maximum tax on capital gain..please guide.regards..

Ans: Each of the beneficiaries shall file ITR separately and pay tax under the head Long Term Capital Gains. Since the plot is sold in June 2024, it shall be reported in ITR of A/Y 2025-26. Rate of LTCG Tax will be 12.50% (on gain only). Cost of plot as mentioned remains Rs.2,00,000.00, however please add Cost of Construction (which is not mentioned in the question) of house in the cost.
All the three are eligible for relief either by investing in house property or purchasing Capital Gains Bonds of NHAI or REC etc.
Most welcome for any further clarification. Thanks.

Ans: You sold a property in June 2024 for Rs 30 lakh. It was bought for Rs 1,15,000 in 1994. Let's evaluate if there's a capital gain.

Indexed Cost of Acquisition

The property purchase cost will be adjusted for inflation. This is called the Indexed Cost of Acquisition (ICA). The ICA is calculated using the Cost Inflation Index (CII) provided by the Income Tax Department.

Calculating Indexed Cost

Calculate the ICA to understand your capital gain. Since we won't use specific formulas here, you can consult a Certified Financial Planner to get the precise ICA value. This helps in determining the exact capital gain.

Long-Term Capital Gains (LTCG)

Since you held the property for more than 24 months, it is classified as a long-term asset. The profit from the sale, after adjusting for the ICA, is your Long-Term Capital Gain (LTCG).

Tax on LTCG

LTCG is taxed at 20% with indexation benefits. However, there are ways to save on this tax.

Investing in Another Property

You can save on capital gains tax by investing in another residential property. This is covered under Section 54 of the Income Tax Act. If you buy a residential house within two years or construct one within three years, you can claim exemption.

Investing in Capital Gains Bonds

Another option is to invest in Capital Gains Bonds under Section 54EC. These bonds have a lock-in period of five years and provide tax exemption on the gains. The maximum investment limit in these bonds is Rs 50 lakh.

Purchasing a Shop

Buying a shop will not provide capital gains tax exemption under Section 54. The exemption is only for residential properties. If you sell a residential property, you must reinvest in a residential property to save on capital gains tax.

Other Options to Save Tax

Residential Property: Invest in another residential property within two years.

Construction: Construct a new house within three years.

Capital Gains Bonds: Invest in these bonds within six months of the sale.

Final Insights

To save on capital gains tax, reinvest in a residential property or Capital Gains Bonds. Purchasing a shop will not help in saving tax on capital gains. Consulting a Certified Financial Planner can help you navigate these options efficiently.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

Ans: Since the property is jointly held and proceeds were split unequally, capital gain must be apportioned in the same ratio of ownership, not cheque received. For exact exemption and tax split, please consult your CA/CFP to structure and file correctly.

Best regards,
K. Ramalingam, MBA, CFP
Chief Financial Planner
www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

Ans: Hi Parth,

Total cost of the flat to you is - 69L + 1L (if you have brokerage receipt) + 3.5L + 28k + 4L + 55.5k = approx. 78 lakhs.
Based on the sale price, tax will incur on the excess amount of 78 lakhs. Assuming you sold it for 90 lakhs, 12 lakhs would be taxable at either 12.5% (no indexation) or 20% (with indexation).

Your share of profit will be taxed at 12.5% (LTCG) and your mother's share will be taxed at her slab rate (exemption of 3 lakhs).
You can invest the amount in following ways to avoid any tax on the gains:
- Exemption u/s 54 - invest the amount in any residential property within next 2 years.
- sec 54EC - reinvest the capital in NHAI or REC bonds to save tax upto 50L
- Capital Gains Account Scheme (CGAS): if you haven't decided on a new property by the date you file your ITR, can deposit all capital gains into a CGAS account with a public sector bank to avoid tax in the current year.

Get in touch with your CA to understand further things in detail.

Best Regards,
Reetika Sharma, Certified Financial Planner
https://www.instagram.com/cfpreetika/

Ans: If person invest gain amount in another property within 3 years, person is not liable to pay any tax. Amount remain univested till the time of filing ITR needs to be invested in the capital gain scheme account. Further, repayment of loan will not reduce/will not give benefit for tax on sale of house property. Also investment is shop will not be give any benefit. Any cost incurred for interior and furniture is personal asset and it can not be added even in cost of current house.