• Capital Gains

Dear Team,
I have bought a flat for 30 lakhs in June 2018. I'ts price is 50 lakhs now and want to sell it next month. To avoid the tax, do I need to invest the total 50 lakhs in buying another flat/house/agriculture land or the margin amount (profit 20 lakhs which I made) is enough to invest to be eligible for zero tax on gain. Please let me know
Asked 5 years ago in Capital Gains Tax

Hi

 

You only need to invest the capital gain amount which will be less than 20 lacs as indexed cost of acquisition shall be considered for calculating capital gains.

 

You can also invest in section 54 EC eligible bonds wiring 6 months of sale which shall be redeemable after 5 years.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

Since you will be selling after June 20, it would be a long term capital gain and thus exemptions are available.

Only the investment of capita gain amount has to be in a residential house property or the specified bonds. Remaining consideration could be invested elsewhere.

 

There are no exemptions in case of short term capital gains.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

Dear Sir,

 

Hope you are doing well !!

 

You need to invest only capital gain amount to get full exemption.

 

The capital gain amount would be ~ RS 19 lakh after considering indexation.

 

Also, you can invest the capital gain amount in 54EC bonds to get full exemption.

 

 

It is advisable to take a phone consultation for detailed discussion.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Considering 40 lacs as capital gains, investment can be made in following options to claim capital gain exemption:

1. One house property for 40 lacs

2. One house property for 20 lacs and another for 20 lac

3. One house property for 20 lacs and one land of 20 lacs ( construction of house is a must within 3 years,)

4. 20 lacs in a house property and 20 lacs in bonds.

 

There can be more combinations possible but the maximum no. Of house properties shall be 2. And such option of investment in 2 properties and claiming capital gain exemption is once in a lifetime option. If you have capital gain in future, you can invest in 1 residential house property and claim capital gain exemption.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

You are going to sell the flat next month so it would be more than 24 months and hence long term capital gain.

To save capital gain tax you just need to invest the capital gain amount which would be somewhat less than 20 lakh as indexation would be applied and other such things.

 

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

You can as new scheme was introduced by CBDT to claim exemption of two house if capital gain is below 2 crore.

 

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

Hello,

 

For capital gain exemption, you need to invest the capital gain amount. It would be below Rs. 20 Lakhs after taking indexation into consideration.

I hope this answer satisfies your requirements. 

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

Investment can be made in residential property or specified bonds. Investment can be made in multiple properties but not more than two.

 

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

Your flat is a long term asset as it is held for more than 24 months. This period was reduced to 24 months from 36 months from FY 2017-18.

You need to invest the capital gain amount and not the entire sale proceeds.

You can invest in upto two house properties. Exemption is not available for land.

 

Ruchi Goel Anchal
CA, Gurgaon
525 Answers
16 Consultations

It would be long term capital gain and thus exemptions are available.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Yes, you can invest the same in 2 flats.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

- If the flat was purchased in June 2018 and sold in July 2020 then it would be a long term capital gain. There is no exemption available in case of short term capital gain and it is taxable at normal slab rates instead of concessional rate of 20% as in case of LTCG. It is better to sell it after 24 months which is about to lapse. In case of STCG, gain would be Rs.20 lacs minus the brokerage if any. In case of LTCG, gain would be 17.75 lacs and tax would be Rs.3.69 lacs.

 

- Exemption would be available either for investment in bonds or house property. You can invest into 2 houses only which is a one time option.

Vivek Kumar Arora
CA, Delhi
5014 Answers
1136 Consultations

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