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Tejas Chokshi  | Answer  |Ask -

Tax Expert - Answered on May 19, 2023

CA Tejas Chokshi has over 20 years of experience in financial planning, income tax planning, strategic and risk advisory, banking and financial products and accounting and auditing.
He is an information system auditor, a forensic auditor and concurrent bank auditor.
Chokshi, who has a master’s degree in management, audit and accounting from Gujarat University, has completed his CA from the Institute of Chartered Accountants of India.... more
Ravindra Question by Ravindra on May 11, 2023Hindi
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I sold the house and got a profit. Now I want to invest this Long Term Capital Gain to purchase Plot. Is it possible to purchase the plot ?

Ans: In India, you can utilize the long-term capital gains from the sale of a house to purchase a plot of land and potentially avail certain tax benefits. The provisions related to the reinvestment of long-term capital gains are covered under Section 54F and Section 54EC of the Income Tax Act, 1961. Here's an overview of these provisions:

Section 54F - Exemption on Investment in Residential Property: Under this section, if you have sold a residential property (other than an inherited property) and have made a long-term capital gain, you can claim an exemption from capital gains tax by investing the proceeds in a new residential property. However, there are specific conditions that need to be met:

a. Investment in Residential Property: The entire amount of the long-term capital gains must be invested in purchasing a new residential property within one year before or two years after the date of sale of the original property. Alternatively, you can construct a residential property within three years from the sale of the original property.

b. Ownership and Lock-in Period: The newly purchased or constructed residential property should be held for a minimum of three years. If you sell or transfer the new property within this lock-in period, the capital gains exemption claimed under Section 54F will be revoked.

c. Restrictions on Multiple Properties: It is important to note that if you own more than one residential property, except for the new property being purchased or constructed, you will not be eligible to claim the exemption under Section 54F.

Section 54EC - Investment in Specified Bonds: Under this section, if you have made long-term capital gains from the sale of any asset, including a house, you can claim an exemption by investing the capital gains amount in specified bonds issued by the National Highway Authority of India (NHAI) or the Rural Electrification Corporation (REC). Here are some key points:

a. Investment in Bonds: The entire long-term capital gains amount must be invested in these specified bonds within six months from the date of sale of the original asset.

b. Lock-in Period: The specified bonds have a lock-in period of five years. You cannot transfer or sell the bonds before the completion of this period.

c. Limit on Investment: There is a maximum limit of Rs. 50 lakh for investment under Section 54EC in a financial year. If the capital gains amount exceeds this limit, you can only claim an exemption up to Rs. 50 lakh.
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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Ramalingam

Ramalingam Kalirajan  |9719 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Aug 06, 2024

Asked by Anonymous - Aug 06, 2024Hindi
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I bought a plot in 1996 at R.1.6 Lakhs. It is likely to fetch 80Lakhs if I sell. 1. Can I invest the sale proceeds in buying an apartment and save tax on long Term Capital Gains? 2. If so, what is the lead time I have to buy an apartment? Thanks.
Ans: Capital Gains Tax Analysis
Property Purchase Details

You bought a plot in 1996 for Rs. 1.6 Lakhs.
Its current market value is about Rs. 80 Lakhs.
This shows a significant increase in property value.

Capital Gains Calculation

Your capital gain would be around Rs. 78.4 Lakhs.
This is the difference between purchase and sale price.

Capital Gains Tax Analysis
Property Purchase Details

You bought a plot in 1996 for Rs. 1.6 Lakhs.
Its current market value is about Rs. 80 Lakhs.
This shows a significant increase in property value.

Capital Gains Calculation

Your capital gain would be around Rs. 78.4 Lakhs.
This is the difference between purchase and sale price.
It's a long-term capital gain as held for over 24 months.

Tax Saving Option

Yes, you can save tax by investing in a new house.
This is allowed under Section 54F of Income Tax Act.
You need to buy one residential house in India.

Time Limit for Purchasing New Property

You have two options for the time limit.
Buy within 1 year before the sale of your plot.
Or buy within 2 years after the sale of your plot.

Construction Option

If you plan to construct a house, you get 3 years.
This 3-year period starts from the date of sale.
Construction must be completed within this time.

Important Conditions

The entire sale proceeds must be invested in new house.
If partial amount invested, tax exemption will be proportional.
You shouldn't own more than one house on sale date.

Capital Gains Account Scheme

If you can't buy immediately, there's a safe option.
Deposit the money in Capital Gains Account Scheme.
This gives you time to find a suitable property.

Tax Implications

If conditions are met, you save tax on entire gain.
Any amount not invested will be taxable.
Tax rate on long-term capital gains is 20% with indexation.

Professional Advice

Consider talking to a Certified Financial Planner.
They can guide you on best tax-saving strategies.
This ensures you make the most of your property sale.

Finally

You have a good opportunity to save tax.
Plan your property purchase within the given time limits.
Proper planning can help you save a significant amount.

Best Regards,
K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in

..Read more

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