Profits of one property to loan of other

Hi,

I have two flats and two housing loans as of now. I am planing to sale one flat where i will be making profits. if i repay the loan of other flat using profit made from sold property will i have to still pay taxes on money which i have paying off to bank?

Thank You

Amit
Asked 7 months ago in Capital Gains Tax from Bangalore, Karnataka
Yes. You will have to pay the capital gain tax on the sale of property. Repayment of Loan will not be eligible for the capital gain exemption.

To save, the best option is to invest in Capital Gain Bonds (REC. etc.) with a lock in period of 3 years. This should be done within 6 months from the date of sale.

B S Sridhar
CA, Chennai
35 Answers
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Hello Amit,

You cannot claim the benefit of exemption of Long Term Capital Gain by paying of your other flat loan, unless it was purchased 1 year prior to the date of Sale. If that was the case then you can claim the benefit.

Otherwise in order to save up on taxes you have to either buy a new property or invest your Capital Gains in Capital Gain Tax Saving Bonds within a period of 6 months from the date of sale upto a maximum of Rs. 50 Lacs.

Trust this clarifies your query. 

Feel free to get back/ call back for any further clarifications. 

Thanking You. 

Regards,
Rohit R Sharma
BCOM, ACA, LLB - GEN, CERT. FAFP
Rohit R Sharma
CA, Mumbai
719 Answers
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Hello Sir, as per provisions of the Income Tax Act you cannot claim exemption for repayment of loan in case of capital gains. Hence, it will be taxable in your hands although you repay other housing loan. For exemption, you have to either buy other property, investment in bonds or deposit it in capital gain scheme. 
Bhagyashree Kankaria
CA, Pune
26 Answers
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Dear Amit,

You can save capital gain taxes if you have purchased the another house within 1 year before the sale of house you are planning to sell. Suppose if you sell the house on 1 July 2016, in that case if you have purchased that another house on or after 2 July 2015, then you can save capital gain taxes.

If not then you should invest the amount in REC or NHAI bonds within 6 month from the date of sale. Alternatively, you can buy a new property within 2 yrs or construct a new property within 3 yrs.

Thanks and Regards
CA Abhishek Dugar
Caabhishekdugar@gmail.com
Abhishek Dugar
CA, Mumbai
766 Answers
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Need to check when you have purchased the other flat
Shyam Sunder Modani
CA, Hyderabad
955 Answers
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Hello Amit,

if you want to avail cap gain exemption you have to purchase a house within two years or construct a house within three year.

There is another way also to save tax 
You can invest within six month in Bonds of RECI or NHAI. 
Shiv Kumar Agarwal
CA, Delhi
195 Answers
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Dear Amit,

You can save capital gain taxes if you have purchased the another house within 1 year before the sale of house you are planning to sell. Suppose if you sell the house on 1 July 2016, in that case if you have purchased that another house on or after 2 July 2015, then you can save capital gain taxes.

If not then you should invest the amount in REC or NHAI bonds within 6 month from the date of sale. Alternatively, you can buy a new property within 2 yrs or construct a new property within 3 yrs.

Thanks and Regards
CA Abhishek Dugar
Caabhishekdugar@gmail.com
Abhishek Dugar
CA, Mumbai
766 Answers
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