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Selling My Flat for 1 Cr in 2024: Capital Gain Tax & CGAS Account?

T S Khurana |408 Answers |Ask -Follow

Tax Expert - Answered on Jan 02, 2025

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 - Nov 12, 2024Hindi

Money

Hi, I have purchased a flat in 2017 amounting 59lakhs inclusive of stampduty and taxes. I had opted for home loan of 40 lakhs against the flat which was fully paid in 2021. Now I want to sell this flat at 1 Cr in Dec 2024 and want to invest the full 1cr amount in new flat purchase probably in year 2025. New flat cost would be in around 2cr. Kindly suggest capital gain tax on the sell of flat and also suggest if I need to open a CGAS account to deposit the amount received from sale of flat.

Ans: 01. You are entitled for exemption u/s 54 for the LTCG, which you would be investing in new Flat. Kindly ensure to purchase the new flat within a period of 2 years (gap between the registration of both flats) from the sale of flat. this is a condition to avail exemption.
02. You won't need to open CGAS, if you purchase the new flat by 31st July-2025. If this is not possible, then you must have invested/paid against purchase of flat more than Rs.40.00 lakhs as part payment of flat. Otherwise, you will have to open CGAS account & keep the amount of capital gain only, in that account.
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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Asked by Anonymous - May 05, 2023Hindi

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I have booked a under construction flat in May 2022 for 2.80 crs inclusive of GST and stamp duty likely possession in December 2023, Flat is in joint name with my wife on 50:50 basis. I have availed joint Bank loan of 2.10 crores which is partially disbursed approx 1.76 crores up to now. balance will be disbursed before possession. I will be selling by old flat in January 2024 which is in my individual name, which I purchased in July 2017 for 92.50 lacs inclusive of stamp duty, approx selling price will be 1.25 crores. This flat is also on loan of 54 lakhs outstanding .What will be the capital gain against this and can this be setoff against the new flat? Difference amount 1.25 crores(sale price) less 54 lakhs (Bank Loan) balance amount of 71 lakhs I might pay against the new bank loan of 2.10 crores which will reduce the loan to 1.39 crores. Please guide how to go to save the Capital gain tax.

Ans: Hi
You may have a long term capital gain of about Rs. 6.70 Lakhs. Suggestions to avoid paying any tax on this gain would be to pay towards the construction of the new house. This would mean that you may need to sell your house before you take possession of the new house in December 2023 and use the sale consideration to pay to the builder to the extent of approx Rs. 6.70 Lakhs to make it eligible as reinvestment in a new under construction property. This cannot be the other way round i.e. you cannot pay full amount to the builder and take possession and thereafter sell the old house.

If you need the house to stay till the possession of the new property then you could try for a rental arrangement with the buyer of your old house.

T S Khurana |408 Answers |Ask -Follow

Tax Expert - Answered on Dec 02, 2024

Question by S - Nov 30, 2024Hindi

Money

I've purchased a Flat in 2013 for 24 Lakhs agreement value plus 3 Lakhs Registration and other charges. 1) If I resale the Flat for 34 Lakhs will there be any Capital Gain Tax on it? 2) Can I deposit the amount in existing Flat loan or a new Home Loan account?

Ans: 01. As per details provided by you, there is a LTCG of Rs.7.00 lakhs. LTCG can be calculated in either of the 2 following methods :
(a). Rs.7.00 lakhs @ 12.50% Rs.0.87 lakhs., OR
(b). Rs.27.00 lakhs indexed (at Rs.363/220) as Rs.49.00 lakhs. There would not be any LTCG tax, instead it would be a loss, (No Tax).
02. You should go for the second option above & file your ITR, declaring full facts of the transaction.
03. You may spend the Sale proceeds, in any way you like.
Most welcome for any further clarifications. Thanks.

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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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