Long term capital gain exemption on flat sale
This query is : Resolved
Quick Summary
06 April 2023
Dear Sir,
One of my client has sold his residential house property as X in February, 2023 and has long term capital gain on sale.
1)Can he claim capital gain amount exemption if he purchases a new commercial property as Y
He had purchased another residential house property as P on loan around 1.5 years back before selling the above mentioned residential property X in February 2023.
2) Can the capital gain amount of X be adjusted against the loan repayment of the property P.
Please help me resolve these 2 queries.
Thanks,
Divyesh Jain
One of my client has sold his residential house property as X in February, 2023 and has long term capital gain on sale.
1)Can he claim capital gain amount exemption if he purchases a new commercial property as Y
He had purchased another residential house property as P on loan around 1.5 years back before selling the above mentioned residential property X in February 2023.
2) Can the capital gain amount of X be adjusted against the loan repayment of the property P.
Please help me resolve these 2 queries.
Thanks,
Divyesh Jain
06 April 2023
1. As per the Indian Income Tax Act, a long-term capital gain on the sale of a residential house property can be exempted if the proceeds are utilized to purchase or construct another residential property. However, in the given scenario, your client intends to purchase a new commercial property, and therefore, he would not be able to claim exemption under Section 54 of the Income Tax Act.
2. The capital gain amount can only be adjusted against the cost of acquiring the new residential property Within a period of one year before or two years after the date of transfer of old house, which your client has not purchased in this scenario.
2. The capital gain amount can only be adjusted against the cost of acquiring the new residential property Within a period of one year before or two years after the date of transfer of old house, which your client has not purchased in this scenario.
06 April 2023
For the second point, if the property P was purchased 7 months back from the sale of another residential property X in February 2023, will he get the exemption incase of loan repayment in such case.
06 April 2023
"For the second point, if the property P was purchased 7 months back from the sale of another residential property X in February 2023"
The LTCG being used to repay the home loan is considered to be fulfilling the criteria set under Section 54 and thus you are permitted to claim an exemption on the entire LTCG amount.
The LTCG being used to repay the home loan is considered to be fulfilling the criteria set under Section 54 and thus you are permitted to claim an exemption on the entire LTCG amount.
06 April 2023
Ok, Thank you very much for the detailed information.
08 April 2023
You are welcome.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Unregistered suppliers utility
- ITDS U/S.194T of Firm
- Difference between Date of Payment and Date of Deduction?
- Tax Audit Applicability – Newly Formed Partnership Firm with Profit Below 6%/8%
- GST Rate for Catering Services
- Non-Compliance documents have not been submitted by the contractors debited
- The TDS balance for March 26 shows a mismatch between the books and the portal; what should be done
- Same demand raised for original as well as rectification request return
- Sale of property held jointly with a non resident Indian
- Journal entry of busniess expenses
- Invertaded duty struture
- RCM @ 5% on Hamali charges, Transport Charges, Unloading charges we take ITC or not
- CALCULATION OF DEFFERED TAX - OP BL IS DTL & CURRET IT DTA
- LLP audit under companies act
- Experienced CA recommendation from Kolkata for FNO return filing
- Interest Reporting in Form 168
- Sales of goods of amount Rs77 lakhs to a party
- Tax Demand of ₹4,650 for AY 2026-27
- Concept of Vendor and customner reconciliation
- Mistake in e-invoice identified after 24 hours
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
