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Can I save LTCG tax selling rural plots for an urban one?

Ramalingam

Ramalingam Kalirajan  |10375 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jun 04, 2025

Ramalingam Kalirajan has over 23 years of experience in mutual funds and financial planning.
He has an MBA in finance from the University of Madras and is a certified financial planner.
He is the director and chief financial planner at Holistic Investment, a Chennai-based firm that offers financial planning and wealth management advice.... more
Nitin Question by Nitin on Jun 04, 2025Hindi
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Hello Sir, Thanks for clarifying things. So as per your explanation, selling a big land in small parts(different plots of different size) in rural area (area is outside the limit of Nagar Nigam) & buying a single property(plot) in urban area doesn't attract any penalty or tax liability if my purchase is within the amount of LTCG. Here condition is (in case of buying a plot) that I should build a house on plot within 3 yrs of buying the same. It doesn't matter that sale & purchase is happening in 2 different FYs. Am I correct, please confirm. I've 2 more small queries: 1. If I built a single room on new plot with boundary of plot, is it good enough? 2. How the LTCG will be calculated for each FY as I purchased land & paid full amount in 2019 but it is partially sold in FY 2024-25 & 2025-26. I mean how property's base value be considered in 2 separate FY when property is sold. Thanks

Ans: Yes, you're correct. Selling rural agricultural land (outside Nagar Nigam limits) has no capital gains tax—it's not a capital asset under the Income Tax Act. So no LTCG, even if sold in parts.

1. A single room with boundary wall may not qualify as a “residential house” under Section 54F unless it’s clearly habitable. Better to construct a proper house.

2. If the land was urban, LTCG in each FY would be based on proportionate sale amount minus proportionate indexed cost from 2019 for the sold portion.

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

T S Khurana   | Answer  |Ask -

Tax Expert - Answered on Nov 23, 2024

Asked by Anonymous - May 11, 2024Hindi
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Can you please suggest on capital gains as per Indian taxation laws arising in the below two queries : 1) property purchased with joint ownership, me and my wife’s name in 2015 at a cost of 64,80,000, housing improvements done for the cost of 1000000 and brokerages of 200000 paid and sold the same property at 10000000 in Dec 2023? 2) 87% of the proceeds got from the deal i.e 8700000, have been reinvested to pay 25% amount in purchasing another joint ownership property in Dec 2023, 3) I have invested in another under construction property in Nov 2023 by taking housing loan, which is on me and my wife’s name worth 1.4 cr, here the primary applicant is me only while wife is just made a Co applicant in the builder buyer agreement and also on the housing loan . So what are the LTCG tax liabilities arising from the above 3 scenarios for FY 2023-2024 and FY 2024-2025. I intend to sale off the property acquired in (2) by Dec 2024 and use that proceeds to close the housing loan for the property acquired in (3), will this sale of property be inviting any tax liabilities if the complete proceeds received from the sale of the property in (2) would be utilised to close the housing loan taken in Nov 2023 for the property in (3) ? Since in FY 23-24, I would be claiming the LTCG from the sale proceeds of 1) invested in the purchase of property in 2), and I intend to sale off this property in Dec 2024, will the LTCG claim be forfeited on the property sale in (1), should I hold this property at least for further 1 year so that sale of this property in 2) will not invite STCG?
Ans: (A). Let's first talk about F/Y 2023-24 :
You jointly sold a Property during the year for Rs.76.80 lakhs (64.80+10.00+2.00), & sold the same for Rs.100.00 lakhs.
You have jointly also purchased Property No.3 (I suppose it is Residential only), for Rs.140.00 lakhs.
You should avail exemption u/s-54 & file your ITR accordingly. Please disclose all details about sale & purchase in your ITR.
02. Now coming to the F/Y 2024-25 :
You intend to Sell Property No.2, which was acquired in 2023-24. Any Gain on Sale of it would be Short Term capital Gains & taxed accordingly.
Alternatively, you may hold this sale of property no.2 (for 2 years from its purchase) & avoid STCG
You are free to utilize the sale proceeds in a way you like, including paying off your housing Loan.
Please note to avail exemption u/s 54 only from investment in property no.3 & not 2.
Most welcome for any further clarifications. Thanks.

..Read more

Ramalingam

Ramalingam Kalirajan  |10375 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Feb 04, 2025

Asked by Anonymous - Aug 22, 2024Hindi
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I purchased a agricultural land in 2019 & now selling it in small residential plots. I'm also incurring cost of developing the area like electricity, road etc. This sale may go beyond FY 2024-25 as there is not much demand. I'll be investing this sale proceeds in buying another residential plot in city & taking some loan in current FY for this new plot. I want to understand that what would be my tax liability in this case, can I get LTCG tax benefit by buying residential plot?. If I dont buy any plot or property then also what would be my tax liability for selling agricultural land in plots.
Ans: Your tax liability depends on several factors, including the nature of the land, how it is being sold, and how you reinvest the proceeds. Let's break it down step by step.

1. Taxation on Sale of Agricultural Land
The tax treatment of your sale depends on whether your land qualifies as a rural agricultural land or urban agricultural land under the Income Tax Act.

Rural Agricultural Land: If the land is in a rural area (outside notified municipality limits or beyond a specified population threshold), it is not considered a "capital asset" under the Income Tax Act. No capital gains tax is applicable.
Urban Agricultural Land: If the land is within a municipality or close to it, it is considered a capital asset. Capital gains tax will apply.
Since you are developing the land and selling it in small plots, tax treatment will depend on whether the sale is considered a capital gain or business income.

2. Is the Sale Taxed as Capital Gains or Business Income?
Capital Gains Tax: If you are simply selling agricultural land as a capital asset, long-term capital gains (LTCG) apply if held for more than 2 years. Otherwise, short-term capital gains (STCG) apply.
Business Income Tax: Since you are incurring costs on development (roads, electricity, etc.) and selling it in smaller plots, the tax department may treat this as a business activity rather than a capital gain transaction. In that case:
Profit from sale will be taxed as business income at slab rates instead of LTCG.
Expenses on development (electricity, roads, etc.) can be deducted from your total income.
No LTCG tax benefits will apply since it is treated as business income.
If the tax department considers it capital gains, here’s how it will be taxed:

3. If Taxed Under Long-Term Capital Gains (LTCG)
LTCG Calculation:
Sale Price – Indexed Cost of Purchase – Indexed Cost of Development = LTCG
LTCG is taxed at 20% with indexation benefit.
Exemptions Available:
Section 54F: If you use full sale proceeds to buy a residential house, you can claim full exemption. However, buying a residential plot alone does not qualify for exemption unless you construct a house within 3 years.
Capital Gains Bonds (Section 54EC): You can invest up to Rs 50 lakhs in NHAI/REC bonds within 6 months to get exemption.
4. If Taxed Under Short-Term Capital Gains (STCG)
If the land is considered urban agricultural land and sold within 2 years, the gain is added to your income and taxed as per income tax slab rates.
No exemption under Section 54F or 54EC is available.
5. If Taxed as Business Income
Profits are taxed as per your income slab (which could go up to 30% plus cess).
Development costs like roads, electricity, etc., are deductible.
No LTCG exemptions apply (like 54F or 54EC).
6. What Happens if You Do Not Buy Any Property?
If considered LTCG, you will pay 20% tax with indexation on gains.
If considered business income, you will pay slab rate tax on profits.
If considered STCG, it is added to your total income and taxed at slab rates.
7. Your Case – Tax Planning Considerations
Since you are selling in plots and incurring development costs, there is a high chance that this will be treated as business income rather than LTCG.
Buying a residential plot alone does not qualify for LTCG exemption. You need to construct a house within 3 years for exemption.
If you want to reduce tax liability, consider investing in capital gain bonds (54EC) or a ready-to-move residential house (54F).
If the sale extends beyond FY 2024-25, capital gains will be split across years, allowing tax planning opportunities.
Final Thoughts
Confirm whether the land is rural or urban to determine if capital gains tax applies.
Understand how the tax department may classify your sale—as capital gains or business income.
If it's business income, reinvesting in a residential plot won’t give tax benefits.
If you want to save tax, either buy a house (not just a plot) or invest in capital gains bonds.
Let me know if you need more clarity on specific points.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

..Read more

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Hello sir.... I wanted to pursue ba/bsc psychology from a rci approved college but I don't have any clearity that what should be right. Since I have passed 12th in this year only I have given my cuet but my marks where not that good to get into any college I have filled the form of Calcutta University where I can get addmission through my 12th marks that is 72% overall but I didn't get into any as I'm from general category and cut offs are high.. mop up rounds are still yet to happen. But I talked there.. there are barely some colleges which are serious about teaching psychology and I don't think I can get into some good college that's why I'm thinking to take a drop I don't want to still and abhi bhi looking for some colleges which maybe have seat vacant so that I can try to get into that.. i don't have any clarity regarding which is good govt college because I can't afford private colleges whose fees is that high for pursuing psycology if I'm taking a gap year
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Practical Roadmap and Solutions
Track Mop-Up Rounds and Merit Lists: Immediately monitor UC, Rabindra Bharati, Presidency, and St. Xavier’s websites daily for vacancies. Prepare scanned documents for swift online submission.

Apply to Multiple Institutes: Simultaneously apply to Vidyasagar University, North Bengal University, BHU, Panjab University, and Lucknow University in their ongoing merit-based admission windows. Their lower cutoffs increase chances.

Secure Waiting-List Positions: For high-demand colleges like Calcutta University and Delhi University, join all available waitlists, including evening programmes, which often have softer cutoffs.

Explore Evening/Shift Courses: Many reputed institutions offer evening or self-financed sections with relaxed cutoffs. Investigate Ashutosh College evening shift, DU evening courses, and PU self-financed sections.

Financial Planning for Private Colleges: Shortlist affordable options Inquire about scholarships or fee-installment plans at DAV College Chandigarh and Maitreyi College to help mitigate costs.

Bridge Courses and Summer Programs: As you finalize admissions, consider enrolling in online certificate courses in introductory psychology, research methods, and statistics from platforms like NPTEL or Coursera to enhance your portfolio.

Consider Gap-Year Strategy: If no suitable seat materializes by mid-October, plan a structured gap year focused on significantly improving CUET scores. Engage in disciplined self-study with coaching for CUET’s aptitude, English, and psychology modules.

CUET Preparation: Develop a timetable allocating two hours daily for CUET Psychology syllabus (foundations, developmental, abnormal, social, and research methods) and one hour for General English and Logical Reasoning. Use previous years’ CUET papers and take weekly mocks to track progress.

Alternate Entrance Exams: Some private universities conduct their own entrance tests (Christ University’s CUCET, Amity’s AUEET). Register for these supplementary exams to widen your admission avenues.

Mentorship and Counseling: Seek guidance from academic mentors or a career counselor to evaluate admission offers, financial implications, and long-term career trajectories in clinical, counseling, or research psychology.

By following this multipronged approach—pursuing merit-based vacancies, evening/self-financed programs, affordable private colleges, and preparing for CUET retake if required—you can maximize your chances of enrolling in an RCI-approved psychology UG programme without forfeiting a year.

Exhaust mop-up and merit-based admission options in government and reputed private colleges by mid-October, while preparing a robust CUET retake plan during a potential gap year to secure admission into top-tier psychology programs. All the BEST for a Prosperous Future!

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