Capital gains tax: Can I use OC ready flats for exemption?

Ans: There is a grey area in tax law even today considering the period of holding of an under-construction property.

You can register the property but wait for 2 years before selling it, so that you are absolutely safe and make your asset long term.

If you require the money then you may sell otherwise not.

Please take your CAs advice before moving ahead.

Ans: When selling a flat for Rs 60 lakhs, the capital gains tax you will owe depends on how long you held the property. If less than 2 years, the profit will be taxed as short-term capital gains(LTCG) at your applicable income tax slab rate
If you held the property for more than 2 years, the profit is taxed as long-term capital gains at 20% with indexation benefits. Indexation adjusts the purchase price for inflation, which helps reduce the taxable amount.
for Example Let's say you bought the flat 10 years ago for Rs 30 lakhs. After applying indexation, your adjusted cost might be around Rs 45 lakhs (rough estimate). Your capital gains would be: 60L (sale price) - 45L (indexed cost) = 15L.The LTCG tax would be 20%(your income tax rate of Rs 15 lakhs, which is Rs 3 lakhs.
Now let’s see How to Save on Capital Gains Tax? You can save tax on long-term capital gains by investing in Section 54EC Bonds. The Bonds You Can Invest In are REC (Rural Electrification Corporation) Bonds/NHAI (National Highways Authority of India) Bonds, PFC (Power Finance Corporation) Bonds
The Key Features of Section 54EC Bonds are Maximum Investment: You can invest up to Rs 50 lakhs in these bonds within 6 months of selling the property. Lock-in Period: The lock-in period for these bonds is 5 years. Interest Rate: The current interest rate is around 5-5.25% per annum, but this can vary depending on market conditions.
Best regards,
Nitin Narkhede
Founder & MD, Prosperity Lifestyle Hub https://Nitinnarkhede.com
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Ans: 1. Calculation of Long-Term Capital Gains
Step 1: Determine the Sale Price
Sale Price: Rs 85 lakhs (amount for which the property was sold)
Step 2: Determine the Cost of Acquisition
Initial Purchase Price: Rs 27 lakhs (as per registered document)
Step 3: Adjust for Inflation
To calculate LTCG, the cost of acquisition is adjusted for inflation. This adjustment is done using the Cost Inflation Index (CII) provided by the Income Tax Department.

CII for the Year of Purchase (2010): Refer to the index published by the government for the year 2010.
CII for the Year of Sale (2023): Refer to the index for 2023.
Step 4: Calculate Indexed Cost of Acquisition
Use the formula:


Step 5: Calculate the Long-Term Capital Gains
LTCG
=
Sale Price
−
Indexed Cost of Acquisition
LTCG=Sale Price−Indexed Cost of Acquisition

2. Tax Implications
As it is sold before July 2024, the long-term capital gains are taxed at 20% with indexation benefits. Additional tax benefits may apply depending on the investment options you choose.

3. Saving on Long-Term Capital Gains Tax
Investment in Residential Property
If you reinvest the gains into another residential property, you can claim an exemption under Section 54 of the Income Tax Act.

Conditions: The new property must be purchased within two years of selling the old property or constructed within three years. The exemption is applicable on the amount of capital gains reinvested.
Investment in Capital Gains Bonds
You can invest up to Rs 50 lakhs of capital gains in specified bonds under Section 54EC to claim an exemption. These bonds must be held for a minimum period of five years.

Eligible Bonds: The bonds are issued by the National Highway Authority of India (NHAI) or Rural Electrification Corporation (REC).
Investment in Rural Development Bonds
Under Section 54EC, you can also invest in rural development bonds. These bonds also have a lock-in period of five years.

Reinvestment in Residential Property
To fully utilize the exemption, reinvest the entire long-term capital gains amount into a new residential property. Ensure compliance with the time limits mentioned.

4. Final Insights
Here’s a summary of actions you can take:

Calculate Indexed Cost: Use the CII to adjust the cost of acquisition for inflation.
Calculate LTCG: Determine the gain by subtracting the indexed cost from the sale price.
Explore Exemptions: Consider reinvesting the gains in a new residential property or capital gains bonds to reduce or eliminate tax liability.
Implement these strategies to manage your tax liability effectively. Always ensure you comply with the conditions specified under the Income Tax Act for exemptions.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in