Master in Accounts & high court Advocate
9615 Points
Posted on 26 April 2025
Your client's business model involves buying open plots, constructing houses, and selling them.
Here's a breakdown of the tax implications: Tax Implications -
*Capital Gains Tax*: If your client sells a property after holding it for more than 24 months, it's considered a long-term capital gain and is taxed at a flat rate of 20%.
However, if the property is sold within 24 months, it's considered a short-term capital gain and taxed according to the income tax slab rates. -
*Business Income*: If your client's primary mode of income is from buying, constructing, and selling properties, the profits generated from such activities are considered "Income from Business or Profession" and taxed accordingly
Exemptions - *Section 54 Exemption*: If your client invests the net proceeds from the sale of a property in purchasing or constructing another residential property within a specified timeframe (1 year before or 2 years after selling the old asset, or constructing a new house within 3 years), they may be eligible for exemption from capital gains tax.
Tax Benefits on Construction - *Interest on Home Loan*: Your client can claim a deduction of up to ₹2 lakhs for interest paid on a housing loan under Section 24B of the Income Tax Act.
However, this deduction is allowed only after the property is completed and possession is taken. -
*Principal Repayment*: Your client can also claim a deduction of up to ₹1.5 lakhs for principal repayment on a home loan under Section 80C.
GST Implications - *GST Rate*: The GST rate applicable to under-construction properties is 5%.
For affordable housing properties priced up to ₹45 lakhs, the GST rate is 1%.
It's essential to consult a tax professional to determine the specific tax implications for your client's business, considering their individual circumstances and the complexity of tax laws.