Good Morning. I am a fan of yours and read you severally on Rediff replying queries of various Tax Problems. Sir, now I have a tax query and earnestly request you to resolve that which is as follows: My query is: I booked an under construction...

Good Morning. I am a fan of yours and read you severally on Rediff replying queries of various Tax Problems. Sir, now I have a tax query and earnestly request you to resolve that which is as follows:

My query is: I booked an under construction flat worth Rs.45.00 lacs which is scheduled to be ready for procession in year F.Y.2025-26.
Now I sold shares worth Rs. 10,00,000/- and total amount paid to builder in F.Y.2022-23. Out of shares sold my LTCG IS Rs.700,000/-.

Can I claim exemption for LTCG to that amount only which is given as advance in corresponding year?

Again in F.Y. 2023-24 I will pay Rs.20,00,000/- by selling shares and LTCG of Rs.10,00,000/-.

Can I claim Exemption for LTCG?

Same process will happen in next 2 F.Ys. till procession of my new Flat. Can I claim exemption on LTCG on sale of shares in each financial year?

Please also guide to fill ITR also for claiming above exemption in parts.

Ans: In respect of capital gains you can claim exemption from long term capital gains if the net sale consideration is invested in booking an under construction house. You get an extended period of three years to get possession in case it is booked with a developer.

In case the sale consideration is not fully invested in the residential house before filing of the Income Tax Return, the unutilised money has to be deposited with a bank under Capital Gains Account Scheme. The money deposited can be utilised within the prescribed period for payment of house.

You have to keep in mind that to claim this exemption, you should not own more than one residential house property on the date of sale of the shares except the one in respect of which you are claiming the exemption.

So once you claim exemption in FY 22 23, it is not advisable to claim exemption against gain earned in subsequent years.

In Income Tax Return, you can show the amount invested in property as exemption u/s 54F and if the entire 10 lakh consideration can not be invested in property then open CG account and show amount in ITR accordingly.

Ans: ? Your Transaction in Brief

– You sold listed shares on 10th August 2023.
– You claimed exemption under capital gains against purchase of a flat on 25th August 2023.
– You have now bought another flat on 18th November 2024.
– You are aware this may disallow the earlier exemption of Rs. 74.58 lakhs.
– You are rightly asking if tax will be 10% or 12.5%.

This is a very thoughtful and forward-looking question. Let’s decode it point by point.

? When is the Exemption Reversed?

– Capital gains exemption is condition-based.
– One such condition is – you should not buy another residential flat within 2 years.
– You violated this condition on 18th November 2024.
– So, the exemption taken earlier gets reversed.
– The amount of Rs. 74.58 lakhs becomes taxable again.
– This reversal happens in the financial year when condition is broken.
– So, this income will be added back in FY 2024-25.

? Which Tax Rate Will Apply on this Reversed LTCG?

– You sold shares in August 2023, that is before 23rd July 2024.
– This date is very important for taxation rules.
– The new LTCG rate of 12.5% is applicable only for transactions on or after 23rd July 2024.
– Your original transaction happened before this cut-off.
– Hence, the older LTCG tax rule of 10% applies in your case.

So, even though the exemption is reversed now, tax rate remains at 10%.
This is because the transaction date is the deciding factor.
Not the date of exemption being withdrawn.
So your understanding is correct, and that’s appreciated.

? Should You Worry About Indexation or STCG?

– No. Since shares were held for more than 1 year, it is clearly LTCG.
– Short-term capital gain rules will not apply here.
– Also, no indexation benefit is available for equity shares.
– But 10% rate on LTCG above Rs. 1 lakh is fair and reasonable.

? How Will This Affect FY 2024-25 Tax Filing?

– The Rs. 74.58 lakhs will now show as LTCG income in FY 2024-25.
– You should report this under capital gains section in ITR.
– Pay advance tax on this if not yet paid.
– Otherwise, you may end up paying interest under sections 234B and 234C.
– Please coordinate with your Chartered Accountant for the tax filing part.

This is important to keep your records clean and avoid scrutiny.

? Will This Impact Your Overall Financial Goals?

– A one-time tax outgo of 10% on Rs. 74.58 lakhs = approx. Rs. 7.45 lakhs.
– If you had planned this well, it can be absorbed easily.
– But if not planned, it could dent liquidity.
– You should relook at your emergency corpus and contingency planning.
– A Certified Financial Planner can help rebalance your goals accordingly.

? Why This Tax Rule Exists – An Insight

– The law allows you to reinvest LTCG into one residential flat.
– This benefit is to encourage home buying, not to speculate.
– That’s why, buying another home within 2 years is seen as a misuse.
– So exemption is withdrawn and LTCG is added back.
– This keeps the rule balanced and fair for all taxpayers.

? Should You Surrender Insurance Policies if Any?

– If you have ULIPs or traditional LIC policies with investment tag, please review.
– These give very low return and poor flexibility.
– If they are more than 5 years old, you may surrender them.
– Reinvest those amounts in mutual funds through a MFD-CFP route.
– That can give you better return, liquidity and transparency.

? Why Not to Go for Direct Mutual Funds?

– Direct funds look cheap, but they come with risks.
– No guidance, no risk-mapping, no goal alignment.
– They expose you to poor fund selection and wrong SIP allocation.
– MFD with CFP gives handholding and better fund filtration.
– Also, regular plans have built-in advisory value.
– This cost is worth paying for financial peace.

? Why Index Funds Are Not the Best Route

– Index funds are passive. They just follow market trend.
– They don’t outperform or give alpha returns.
– In volatile or falling markets, they give poor protection.
– They don’t adapt to sectoral changes or economic cycles.
– Actively managed funds adjust portfolio as per market moves.
– They have research backing, fund manager intelligence, and alpha generation.

In your case, where capital gains are involved, risk-managed returns are key.
So actively managed funds through regular route is more suitable.

? How to Absorb This LTCG Tax Impact

– Start an SIP-based STP to gradually invest surplus in balanced mutual funds.
– Create a buffer fund equal to 6 months’ living expenses.
– Maintain a separate fund for LTCG tax impact of Rs. 7.45 lakhs.
– Don't keep it in equity or risky instruments.
– Use ultra-short or low duration fund for this.

? Tax Planning Insight for You Going Ahead

– Before taking exemption, always review lock-in and restriction period.
– Never buy second property within 2 years unless you're ready to pay tax.
– Document all property purchases and sales in a simple Excel sheet.
– Keep timelines and lock-in periods marked.
– This avoids surprises and ensures smooth tax planning.

Also, keep your CA and Certified Financial Planner in sync.
They must work as a team for your financial health.

? What Could Have Been Done Differently

– You could have waited beyond 2 years to buy second property.
– Or, you could have avoided claiming exemption initially.
– Then invested gains in active mutual funds and booked 10% tax.
– This could have kept your financial strategy more flexible.
– But yes, past cannot be changed. Let’s focus ahead.

You still have ample time to plan FY 2024-25 tax outflow.
You’ve also gained clarity from this experience. That itself is an asset.

? What Should Be Your Next Steps

– Set aside Rs. 7.45 lakhs for LTCG tax.
– Inform your CA in advance for FY 2024-25 tax projection.
– Avoid buying another residential property again for next few years.
– Reassess your long-term asset allocation.
– Avoid ULIPs, traditional LICs, direct funds and index funds.
– Stay focused on goal-based MF portfolio managed via MFD with CFP.

? Finally

You are thinking ahead and keeping track of taxation. That is highly appreciated.
You have acted with good intent. The tax law has its own constraints.
But this clarity now gives you the power to act wisely.
Take a few right steps today, and you can still stay fully on track.
Please don’t panic. The 10% rate is a relief in this scenario.
Keep your documents clean and your CA informed.

For your long-term wealth journey, stay with a Certified Financial Planner.
They will help you stay aligned to your goals, taxes and peace of mind.

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