Can I Sell My Existing Property After Buying a New One with My Wife to Save on Capital Gains Tax?

Ans: Hi V
Did not understand your question correctly. Assuming that you are asking that you would want to sell your existing house and reinvest in the under construction flat, here is the response.

You would need to get the possession of the house by reinvesting the capital gain portion from the sale of existing house within 3 years from the date of sale of the existing property.

Accordingly, as the possession is only in December 2027, you may breach the timeline if you sell your existing property now. Time your sale appropriately.

You would need to park the capital gain portion in Capital Gain Account Scheme (CGAS) account with any nationalized bank and transfer funds from that account based on construction linked payments

Ans: In order to claim capital gains tax deduction, one needs to buy a house one year prior or two years after selling the house OR construct the house three years after selling the house. In facts of your case, it looks to difficult to claim such a deduction. However, you can invest in bonds to get the exemption which may not serve your purpose but atleast you can obtain deduction.

Please take assistance of your CA in this regards as well.

Ans: Congratulations on successfully selling your joint property and managing the proceeds wisely! It's wonderful to see you taking proactive steps towards optimizing your financial situation.

Now, regarding your question about buying a joint property to obviate Capital Gains Tax, let's break it down:

Firstly, it's essential to understand that the sale of a property typically attracts Capital Gains Tax (CGT) on any profit earned from the sale.
However, under Section 54 of the Income Tax Act, there's a provision for exemption from CGT if the sale proceeds are reinvested in another property within a specified time frame.
In your case, since both you and your wife received 50% of the sale proceeds separately in your respective bank accounts, each of you can utilize your share to purchase a new property individually or jointly.
By purchasing a joint property, you can pool your resources and invest in a new asset together. This can be a strategic move to utilize the sale proceeds effectively and potentially minimize tax implications.
However, it's crucial to ensure that the new property meets the criteria for CGT exemption under Section 54. For example, the property should be purchased within the specified time frame and held for a certain period to qualify for the exemption.
Additionally, consult with a tax expert or Certified Financial Planner to understand the specific eligibility criteria and implications of reinvesting the sale proceeds in a joint property.
Keep in mind that while buying a property can offer potential tax benefits, it's essential to consider other factors such as location, affordability, and long-term financial goals.
As you navigate this process, remember that careful planning and informed decision-making are key. Seek professional guidance to ensure compliance with tax laws and optimize your financial outcomes.
Finally, I commend you for being proactive in exploring options to manage your finances effectively. With the right guidance and strategy, you can make informed choices that align with your goals and aspirations. Best of luck on your journey!