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Can I Use Equity Losses to Offset Long-Term Property Profit?

T S Khurana

T S Khurana   |319 Answers  |Ask -

Tax Expert - Answered on Sep 04, 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
Asked by Anonymous - Aug 13, 2024Hindi
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I have previous stcg losses on equity and approx 200000 is still carried forward. I have sold a piece of land with a profit after 10 years of purchase. Will i get the benefit of setting off stcg losses in equity from profit of ltcg on property profit?

Ans: 01. You may claim benefit of carried forward loss only up to 8 years. Please check the time line. I hope you have filed the ITR, for the year in which you had some losses under the head Capital Gains.
Most welcome 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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Moneywize

Moneywize   |174 Answers  |Ask -

Financial Planner - Answered on Jun 21, 2024

Asked by Anonymous - Jun 18, 2024Hindi
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I have long term capital loss on property but long term capital gain from investments in stocks. Can LTCG on equity offset against LTCL on property?
Ans: In India, the Income Tax Act has specific provisions for the treatment of capital gains and losses. Here’s how it generally works:

1. Same Category Set-Off: Long-term capital losses (LTCL) can only be set off against long-term capital gains (LTCG). Similarly, short-term capital losses (STCL) can only be set off against short-term capital gains (STCG) or LTCG.

2. Carry Forward of Losses: If the capital loss cannot be fully set off in the same financial year, it can be carried forward for up to eight assessment years immediately succeeding the assessment year in which the loss was first computed. However, the carried-forward losses can only be set off against long-term capital gains in subsequent years.

Specific Case: LTCL on Property and LTCG on Stocks

• Long-term capital loss (LTCL) from property: This is a loss incurred on the sale of a property held for more than 24 months.
• Long-term capital gain (LTCG) from equity investments: This refers to gains from the sale of equity shares or equity mutual funds held for more than 12 months, which are subject to specific tax rates.

According to Indian tax laws:

• Set-Off: Yes, you can set off your long-term capital losses from the sale of property against your long-term capital gains from the sale of equity investments (stocks).

Example Scenario:

• LTCL from Property: Rs 10,00,000
• LTCG from Equity Investments: Rs 8,00,000

Here’s how you can handle it:

• Offset the Rs 8,00,000 LTCG from equity investments with Rs 8,00,000 of the Rs 10,00,000 LTCL from property.
• You will have Rs 2,00,000 of LTCL remaining, which you can carry forward for up to eight assessment years.

Filing and Reporting:

• Schedule CG: You need to report these transactions in Schedule CG of your Income Tax Return (ITR).
• Carry Forward Loss: Ensure you file your tax return before the due date to be eligible to carry forward the loss.

Key Points

• Tax Rates: LTCG on equity shares and equity mutual funds exceeding Rs 1 lakh is taxed at 10% without the benefit of indexation.
• Documentation: Keep all transaction records, such as purchase price, sale price, dates, and related costs.

It is advisable to consult a tax professional or financial advisor to ensure compliance with current tax laws and to optimise your tax planning strategy.

..Read more

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Hello Sir, this is Dhiraj DM, I am 48 year's old married with no kids, we have any flat worth 1. 5 cr given on rent around 50 lakhs of equity 20 lacs mutual funds we want to retire in next 3 years,please guide. We live in a metro no liability, we r into Gifting business now want to retire in next 3 years
Ans: Your retirement is just three years away. You have built a strong foundation with real estate, equity, and mutual funds. Now, the goal is to structure your investments for steady income, security, and long-term sustainability.

1. Assessing Your Current Financial Position
Flat Worth Rs. 1.5 Crore: This generates rental income, but liquidity is limited.
Equity Portfolio of Rs. 50 Lakh: Market-linked investments with potential for high returns but volatile.
Mutual Funds of Rs. 20 Lakh: Offers diversification and moderate risk exposure.
No Liabilities: This is a strong advantage for financial freedom.
Gifting Business: If planning to exit, ensure business-related finances are sorted before retirement.
2. Estimating Post-Retirement Income Needs
Calculate expected monthly expenses, including medical, travel, lifestyle, and emergency costs.
Factor in inflation, as expenses will rise over time.
Consider long-term costs such as medical care and home maintenance.
3. Structuring Retirement Income
Rental Income as a Fixed Source
Your flat generates rental income, which helps with stability.
Consider reinvesting this income for further growth.
Portfolio Rebalancing for Stability
Equity exposure is beneficial but risky close to retirement.
Shift some funds to low-risk instruments for safety.
Keep some allocation to equity to combat inflation.
Maintaining Liquidity for Emergencies
Create an emergency fund of at least 2 years' expenses in liquid assets.
Avoid relying solely on investments that require selling in volatile markets.
4. Health and Insurance Planning
Ensure comprehensive health insurance for both of you, at least Rs. 15-20 lakh coverage.
If you hold any old insurance policies with low returns, consider restructuring them.
Create a separate healthcare fund for long-term medical expenses.
5. Tax Efficiency in Retirement
Structure withdrawals smartly to reduce tax burden on capital gains.
Use tax-free instruments where applicable.
Rental income is taxable, so deduct maintenance expenses to lower tax outgo.
6. Planning Investments for Retirement Income
Avoid complete reliance on fixed-income instruments, as they may not beat inflation.
A mix of mutual funds, debt instruments, and systematic withdrawal plans (SWP) will ensure steady cash flow.
Keep some investments growth-oriented to sustain wealth over decades.
7. Estate and Legacy Planning
Prepare a clear will to ensure smooth asset transfer.
If you plan to donate or support causes, structure funds accordingly.
Finally
Ensure liquidity and stability in your investments.
Reduce risk in equity but keep exposure for growth.
Maintain a dedicated healthcare fund and strong insurance coverage.
Structure investments to minimise taxes and ensure steady income.
Plan legacy and succession to avoid future complications.
Would you like a detailed plan on how to allocate your investments for steady retirement income?

Best Regards,

K. Ramalingam, MBA, CFP

Chief Financial Planner

www.holisticinvestment.in

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

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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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