Exemption Under Section 54 of the Income Tax Act


This query is : Resolved 

Quick Summary
This discussion clarifies whether capital gains from selling a solely owned property can be used to purchase a spouse's share in another property to claim exemption under Section 54 of the Income Tax Act. The consensus is that this is permissible, provided the sale to the spouse is conducted at market or stamp duty value. Your spouse will need to account for long-term capital gains tax on their share.

17 May 2021 At present I am holding 2 immovable properties out of which one is in my name and another in joint names with my spouse with 50:50 share in property. I want to sell the 1st property which is exclusively in my name.

Whether I can use the amount of capital gain to buy the share of property from my spouse to avail the benefit of Section 54 at market price.

17 May 2021 Yes you can do so...........

17 May 2021 Yes, she has to offer LT CG on selling the share to you.The sale should be at Stamp duty Value.

18 May 2021 Yes per Supreme Court decision in CIT Vs. T. N. Aravinda Reddy (1979) 120 ITR 46.

18 May 2021 Thank you to all for your valued advise


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