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Anil

Anil Rego  |377 Answers  |Ask -

Financial Planner - Answered on Nov 03, 2021

Anil Rego is the founder of Right Horizons, a financial and wealth management firm. He has 20 years of experience in the field of personal finance.
He’s an expert in income tax and wealth management.
He has completed his CFA/MBA from the ICFAI Business School.... more
Yogesh Question by Yogesh on Nov 03, 2021Hindi
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I read your article on saving capital gain tax on sale of mutual funds and shares on Rediff.com. I have one query please. Request that you solve it.

I sold my mutual funds, from five or six funds, in the financial year 2020-2021. These investments were with me for many years and I needed the money for my newly constructed home.

Can I save the capital gains tax by showing evidence of construction of the home, which is in my name and it the only home I have?

Can I save the long-term tax by showing that the proceeds were used in newly constructed home?

Ans: There is exemption of long-term equity shares/mutual funds under Section 54F, when the sale proceeds are utilised for the purchase of a new residential property.

The limit of exemption is = Amount Reinvested* capital gains/net consideration

Conditions:

  1. The new residential property should be purchased one year before or within two years after -- three years, if the property under construction -- the sale of the capital asset whose capital gains is being reinvested.
  2. No additional residential property should be purchased within one year (three years in case of house under construction) from the date of sale of shares/mutual funds.
  3. The new residential property purchased should not be sold within three years of its purchase/construction

If these conditions are not met, the exemption available on the sale of shares shall be withdrawn and it shall be charged to tax as capital gains in the year of default.

 

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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Anil

Anil Rego  |377 Answers  |Ask -

Financial Planner - Answered on Nov 23, 2021

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Hope you are well. I am a regular reader of your Rediff column. I will appreciate if you can throw light on the following: I sold my house on March 31, 2020, and plan to reinvest the gains in another house that I will purchase in FY 21. While these gains will not be enough, I will have to liquidate some of my investments in shares and mutual funds to meet the obligation. My doubts are: 1. If I sell shares and mutual funds to fund the house purchase, will the long term gains be exempt from LTCG (sec 54), meaning I would not have to pay tax on the long term gains that I would make on the shares/MF units. 2. Are the short term gains on MF units exempt from tax if utilised for house purchase? 3. I have made some long term losses (in shares) in 2020-2021 (previous FY). How do I adjust these while filing my I-T returns this year? Can I carry these to the current FY and adjust with the house purchase somewhere?
Ans: To answer your questions:

1. You cannot take benefit of both section 54 (arising out of the sale of a house) and 54F (arising out of the sale of any other asset) at the same time.

You can choose to use either of them, depending on which gives you a higher benefit.

2. No, you cannot reinvest short term capital gains into a house purchase to save tax. Set-off is only allowed for long term capital gains.

Thus, your short term gains on equities will be taxed at 15 per cent and debt short term gains will be taxed as per your tax slab. Surcharge will also be as applicable.

3. The long term capital loss can be set off against the long term capital gains in the previous year.

If you do not have sufficient long term gains in that year, then you can carry forward this capital loss up to eight years.

But there is no provision to adjust with the house purchase because that was in the previous financial year.

 

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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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