Can i offset ltcg against home loan after 2 years of purchase but sale within 1 year?

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1. October 2018 I have booked a New Flat in a Project in pre-launch phase (yet to be started construction at ground), with estimated possession in Oct 2021.

2. The project cost is 60 Lakh out of which 10% I have paid at booking (that is 6 Lakh), and 90% through Home Loan (subvention scheme). Due to subvention loan, I am not allowed to per-pay loan until possession of the flat (which is Oct 2021).

3. I have an Old flat (purchased 10 years ago) in another city where I expect to get 50 Lakh sales price with LTCG of approximately 30 Lakh. I have not yet initiated Sale for this property.

As far as I understand the Section 54, I need to sale my Old Flat by Oct 2019 because the New Flat booked in Oct 2018. Assume that I sale my Old Flat in June 2019. Now, in June 2019 I will arise LTCG of 30 Lakh from this sale but cannot repay that against Home Loan I have taken for New Flat until the possession of the New Flat in Oct 2021, becasue of subvention Loan Scheme policy. Can I still offset LTCG against my Home Loan by prepaying my Home Loan in Oct 2021 (after Old Flat sold in June 2019)? Or I should not sale the Old Flat rightn ow and then sale that one just little before I get possession of my New Flat in Oct 2021 so that to offset the LTCG arising?

Replies (2)

Yes, you should not sale the Old Flat right now and then sale that one just little before you get possession of New Flat in Oct 2021, to offset the LTCG arising...........

Hi sir,
you also have an option to invest the sale proceeds,you are allowed to deposit your gains in a PSU bank or other banks as per the Capital Gains Account Scheme, 1988. And in your returnclaim this as an exemption from your capital gains, you don’t have to pay tax on it. However, you must invest this money you have deposited within 2 years in new property. so in your case your investment in new property will due in 2020 if you opt for this investment option


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