I have in shares/equity mutual funds and now eligible for long term capital gain of Rs. 5 lacs. I want to save this from Income Tax, Can I purchase a property and rid of paying tax on this long term gain.

Ans: Hello, you can keep the LTCG below 1L in one financial year to avoid taxes

Ans: As an NRI, any capital gains arising from the sale of property in India are subject to taxation under the Income Tax Act, 1961. Here's how the taxation works and some strategies to minimize your tax liability:

Tax on Capital Gains: The capital gains tax is calculated based on the profit earned from the sale of the property. The gain is classified as either short-term capital gains (STCG) or long-term capital gains (LTCG), depending on the holding period of the property.
STCG: If the property is held for less than 24 months (two years), the gains are treated as short-term capital gains and taxed at your applicable slab rate.
LTCG: If the property is held for 24 months or more, the gains are treated as long-term capital gains. For NRIs, LTCG on the sale of property is taxed at a flat rate of 20%, with indexation benefits available.
Indexation Benefit: Indexation allows you to adjust the purchase price of the property for inflation, thereby reducing the taxable capital gains. This helps in minimizing the tax liability on long-term capital gains.
Exemptions and Deductions: Under Section 54 of the Income Tax Act, you can claim an exemption from LTCG tax if you invest the proceeds from the sale of the property in another residential property within a specified period. The exemption is available if the new property is purchased within one year before or two years after the sale, or within three years for under-construction properties. The entire amount of LTCG or the cost of the new property, whichever is lower, is eligible for exemption.
Capital Gains Account Scheme (CGAS): If you are unable to reinvest the proceeds from the sale immediately, you can deposit the gains into a Capital Gains Account Scheme (CGAS) with a designated bank. The amount deposited in the CGAS must be utilized for purchasing a new property within the specified time frame to claim the exemption.
Tax Consultation: Since tax laws can be complex and subject to change, it's advisable to consult with a tax advisor or chartered accountant specializing in NRI taxation. They can provide personalized advice based on your specific situation and help you navigate the tax implications effectively.
By planning your property transactions strategically and leveraging available tax-saving provisions, you can minimize your capital gains tax liability and maximize your returns from the sale of property.

Ans: To save tax, you need to invest at least Capital Gain part of the transaction, in :
(a). Purchase of a Residential Property, with in time limit of one year before or two years after the sale of property generating Capital Gain.
(b). Purchase Capital Gain Bonds, issued by NHAI etc.
(c). You may spend Rs.60 lakhs (Rs.90.00 - 30.00 lakhs), as per your choice.
(d). In your question, last option suggested by you seems to be a good choice, which will ensure increase in your monthly income and also take care of Capital appreciation (provided the property is residential).
Most welcome for any further clarifications. Thanks.

Ans: Hello;

I suppose this was a residential property and the property proposed to be purchased is also residential property and you do not own more then 2 houses at this time.

In this case you should purchase a residential house either 1 year before the date of sale/transfer or 2 years after the date of sale/transfer. In case you are constructing a house, then you have an extended time, ie. you will have to construct the residential house within 3 years from the date of sale/transfer.

Best wishes;