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Samkit

Samkit Maniar  |101 Answers  |Ask -

Tax Expert - Answered on May 27, 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
Atul Question by Atul on Apr 04, 2024Hindi
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Hello Samkit, I am planning to buy a residential flat this year and plan on selling some of my MF units to pay for that. My question is regarding Section 54F. I understand that I will be able to claim tax exemption if I invest all of the principal and gains from the sale. Questions are 1) Are there any special documents to keep in order to claim 54F or just proof of payments made and sale deed (or sale contract for under construction flat) is enough? 2) Do I have to invest full amount (principal + gain) or only gains?

Ans: 1. Sale of MFs and credit to bank + purchase deed are good enough proof
2. 54f states net considering hence entire sales consideration needs to be reinvested otherwise you will get proportionate exemption.

Please take your CAs advice 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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Mihir

Mihir Tanna  |850 Answers  |Ask -

Tax Expert - Answered on May 23, 2023

Asked by Anonymous - May 23, 2023Hindi
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Hi Mr Mihir, I have in all four properties (inherited and purchased) which I am holding in the following manner – two of them 100% owned (one residence in which I am living & one shop), one 50% owned (residence) and one 25% owned (residence). Except for the one property in which I live, rest all are let out on rent and my co-owner in all the jointly owned properties is my sister. I am planning to sell the commercial property and purchase a residential property for better rent prospects. I want to know: Do I have to sell of all other residential properties as well (except the 100% owned residence where I live) to get the benefit of 54F while buying the new residential property (because then I won't have any other residential property except the one in which I live) OR Can I get the benefit of 54F by selling only the one commercial property and using the entire proceeds to buy the new residential property to be let out on rent (which means I will continue to hold 50% and 25% ownership of two other residential properties, as the second holder in both the cases). Also, in case you say that I must compulsorily sell all the jointly owned residential properties as well to get the benefit of 54F while buying the new residential property so that I have only ONE residential property when I go to buy the new residential property – will I get the benefit under 54F if I sell multiple properties and buy one single residential property which matches the amount of capital gain + sale proceeds of the commercial property? I also wanted to know that I may have to take a home loan while buying the new residential property (to be let out on rent), therefore, what would be the amount which I will be allowed as deduction from my total income as I have an existing home loan since 9 years on the 100% owned residential property in which I am living. I have always been a salaried class person with income under Rs 50 lakh and ALL the above-mentioned properties, related incomes and home loan etc are already disclosed in my IT returns. – SB
Ans: To get the benefit of Sec 54F, person should not own more than one house property on the date of transfer of asset and not on the date of acquiring new residential property.

Further, with reference to buying a single house property against capital gain from multiple long term capital asset, in my view, Sec 54F benefit is available if sale proceeds from all long term capital asset is invested in buying a single house property. However, it can be subject to litigation.

With reference to deduction on housing loan, principal repayment deduction upto 1.5 lacs in overall limit of 80C , 2 lacs deduction on interest on self occupied house property and entire interest deduction on loan for rented house property will be allowed. However, loss from house property can be set off upto 2 lacs against other income subject to other specified conditions

..Read more

Ramalingam

Ramalingam Kalirajan  |3754 Answers  |Ask -

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

Asked by Anonymous - Jun 08, 2024Hindi
Money
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

..Read more

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Hi sir, my son got 9323 rank in comedk and 23350 rank in KCET. As per last year cutoff he may get Mechanical seat in BMS or MSRIT. Please suggest which one is good for Mechanical engineering
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I'm a girl from Jharkhand, I got 91.87%ile in jee mains, crl 1.22 lakh, category rank 40k. In which counselling program should I apply for and what colleges can I get at this rank? Is there any chance to get colleges through board %age as I got 95% in CBSE class XII
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All The BEST for your Daughter’s Bright Future.

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All The BEST for your Son’s Bright Future.

To know more on ‘ Careers | Education | Jobs | Resume Writing | Profile Building | Salary Negotiation Skills | Building Professional LinkedIn Profile | Choosing Right School Board (State | Matriculation | CBSE | ICSE |International Board) | Student Psychological Counselling | Exam Preparation Techniques (Board | Entrance & Competitive)| Strategies to Attempt Exams | Job Interview Skills | Skill Upgrading | Parenting & Child Upbringing Skills | Career Transition | Abroad Education | Education Loan (India | Abroad) | Scholarship (India | Abroad) | SOP Writing Tips’, please FOLLOW me in RediffGURU here.

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