Selling farmland for house construction: Tax implications and avoidance strategies?

Ans: Yes long term loss from one type of capital asset can be set off against long term gain from other type of capital asset.

Ans: You have a salary-based income and are supporting your family. You are also selling a piece of land for Rs 20 lakhs, and you want to invest this amount for long-term purposes. You also want to understand the tax implications of this sale and ensure the investment aligns with your financial goals.

Let's explore both aspects: where to invest and the tax situation.

Tax Implications on Selling Your Land
From July 23, 2024, the new tax rules for real estate capital gains offer two options for taxation:

12.5% Tax Without Indexation: In this case, your long-term capital gains will be taxed at 12.5%, but you will not be able to adjust the cost of acquisition with inflation.

20% Tax With Indexation: This option allows you to adjust the cost of acquisition of the land with inflation, reducing the taxable gains, but you will pay a 20% tax rate on the adjusted gains.

It is important to decide which option benefits you based on how long you have held the property and the level of inflation over the period. A Certified Financial Planner can assist in calculating which of these options will give you better tax savings.

Long-Term Investment Options for Rs 20 Lakhs
Investing Rs 20 lakhs wisely can help you achieve significant financial growth. Based on your requirement for long-term investment, here are suitable options.

1. Equity Mutual Funds
High Growth Potential: Equity mutual funds have the potential to provide higher returns compared to other investment options. These funds invest primarily in stocks and are suitable for a long-term horizon of 5 to 10 years or more.

Diversification: Equity funds spread investments across various sectors and companies, reducing the risk of investing in individual stocks.

Tax Benefits: Long-term capital gains (LTCG) from equity mutual funds are taxed at 12.5% for gains above Rs 1.25 lakh. Short-term gains are taxed at 20%. Given your long-term perspective, equity mutual funds are a tax-efficient way to grow wealth.

2. Balanced or Hybrid Mutual Funds
Risk Mitigation: Balanced funds invest in both equity and debt instruments, providing a balance between growth and stability. These funds suit individuals who are not comfortable with the higher volatility of pure equity funds but still want exposure to growth.

Steady Growth: These funds generally give moderate returns but reduce the risk during market downturns. They are an excellent way to protect your investment while still allowing it to grow.

3. Debt Mutual Funds
Lower Risk Option: If you are looking for lower-risk investments, debt funds are a good alternative. They invest in bonds and government securities, offering stable returns. However, the returns are usually lower than equity funds.

Tax Efficiency: Debt funds are now taxed as per your income slab rate. Long-term capital gains in debt funds are taxed as per your income slab if held for over 36 months.

Capital Preservation: Debt funds are a better option for capital preservation, especially if you have low risk tolerance.

4. Systematic Withdrawal Plans (SWP)
Regular Income: If you prefer to have a fixed income from your investment, consider setting up a Systematic Withdrawal Plan (SWP) in mutual funds. It allows you to withdraw a fixed amount at regular intervals while the remaining corpus continues to grow.

Tax Advantage: Only the gains you withdraw are taxed, making it more tax-efficient than Fixed Deposits or other fixed-income options.

5. Public Provident Fund (PPF)
Safe Long-Term Investment: PPF is a government-backed scheme that offers an attractive interest rate and tax-free returns. It is one of the safest long-term investment options for risk-averse investors.

Lock-in Period: The lock-in period of PPF is 15 years, making it ideal for long-term goals like retirement.

6. Sukanya Samriddhi Yojana (SSY)
For Daughters' Future: If you have a daughter, this scheme is a highly tax-efficient and safe investment option. It offers higher interest rates than most small savings schemes, and the returns are completely tax-free.
Direct vs Regular Mutual Funds
It’s essential to clarify why direct plans of mutual funds, while attractive due to lower expense ratios, might not always be the best choice for investors.

Lack of Guidance: Direct plans do not provide access to advisory services. Without expert guidance from a Certified Financial Planner, it’s easy to make uninformed decisions that could negatively affect your portfolio.

Potential Missed Opportunities: By working with a Certified Financial Planner, you get personalised advice, timely portfolio rebalancing, and insights into changes in market conditions, which could significantly improve your investment performance over time.

For these reasons, regular plans through a Certified Financial Planner can be a more suitable option, especially for investors looking for long-term wealth creation with professional advice.

Actively Managed Funds vs Index Funds
While you are currently investing in index funds, it’s important to consider the drawbacks they have in comparison to actively managed funds.

Limited Returns: Index funds are passively managed, meaning they aim to match the returns of the index they follow. This can lead to underperformance in volatile markets.

Lack of Flexibility: Index funds do not have the flexibility to pick individual stocks or sectors that could outperform the index, which limits potential returns.

Market Risk: In a declining market, index funds will follow the index downwards without any strategy to minimise losses.

On the other hand, actively managed funds are handled by professional fund managers who use their expertise to pick the best-performing stocks, making them better suited for long-term wealth creation.

Insurance Considerations
If you hold LIC or ULIP policies, you may want to review their performance. Often, these policies do not provide competitive returns compared to mutual funds. Surrendering these policies and reinvesting in mutual funds can help you achieve better long-term growth.

Tax-Saving Opportunities
If you are looking to save tax on the sale of your land, consider reinvesting the gains in eligible capital gains saving schemes.

Capital Gains Bonds: Under Section 54EC of the Income Tax Act, you can invest the capital gains from the sale of property in bonds issued by the National Highways Authority of India (NHAI) or Rural Electrification Corporation (REC). These bonds have a 5-year lock-in period, and the interest earned is taxable. However, the principal amount is exempt from tax.

Residential Property: Another option is to reinvest the sale proceeds into buying or constructing a residential property under Section 54F. This option could also help you save on capital gains tax.

Final Insights
In conclusion, you have a variety of investment options that can help you achieve long-term financial growth. Based on your risk tolerance, you can choose between equity mutual funds for high returns, balanced funds for moderate risk, or debt funds for stability. PPF and SSY are great options for safe, long-term investments.

It’s also important to decide the best tax option for the sale of your land. Using the Certified Financial Planner's expertise, you can choose the right tax-saving strategy, whether it’s opting for indexation benefits or reinvesting in capital gains bonds or property.

By staying focused on long-term wealth creation, making informed decisions, and using expert guidance, you can grow your Rs 20 lakhs into a strong financial foundation for your future.

Best Regards,
K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

Ans: Selling a property attracts capital gains tax. Since your flat is a long-term capital asset (held for more than 2 years), the Long-Term Capital Gains (LTCG) tax rate is 20% with indexation.

LTCG Calculation = Sale Price - Indexed Cost of Acquisition
Tax Payable = 20% on the LTCG amount
However, you can avoid paying tax by reinvesting the capital gains under certain sections of the Income Tax Act.

Ways to Save Capital Gains Tax
1. Reinvest in Another Residential Property (Section 54)
If you buy another residential property within 2 years or construct within 3 years, you get an exemption on the LTCG amount.
The new property must be in India and should be held for at least 3 years.
If you sell it before 3 years, the exemption is reversed.
? Best for: Those who want to own another property.

2. Invest in Capital Gains Bonds (Section 54EC)
You can invest up to Rs 50 lakhs in NHAI or REC capital gains bonds within 6 months of sale.
The lock-in period is 5 years.
Interest is taxable but the capital gains are exempt.
? Best for: Those who want a risk-free investment with tax savings.

3. Deposit in Capital Gains Account Scheme (CGAS)
If you haven’t decided where to invest, deposit the LTCG in a Capital Gains Account Scheme (CGAS) before the IT return filing deadline.
This gives you time to buy property or construct a house.
The funds must be used within 3 years, or they become taxable.
? Best for: Those who need time before investing in real estate.

Other Investment Options (But No Tax Exemption)
If you don’t reinvest in property or bonds, the LTCG amount will be taxed at 20%. You can still invest the remaining amount in:

Mutual Funds – Equity funds for long-term growth
Fixed Deposits – Safe returns but fully taxable
Stock Market – High risk, high return potential
These options do not offer tax exemption but help grow wealth.

Final Insights
If you want tax-free gains, reinvest in property or capital gains bonds.
If you don’t want to lock funds, pay LTCG tax and invest in other assets.
Use the Capital Gains Account Scheme if you need time to decide.
Plan based on your financial goals and liquidity needs.

Best Regards,

K. Ramalingam, MBA, CFP

Chief Financial Planner

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment