Capital gain investment timeline sale of property

Hi,

I have purchased under construction property which will be ready in 2027 May.

If i want to invest capital gain from sale of existing property in above property, when should I plan to sell the existing property?

Is it within 1 year from the time new property is booked?

 

Thanks

Abhi

Replies (5)
Quick Summary
This discussion clarifies the timeline for investing capital gains from a property sale into a new under-construction property. To qualify for tax relief, the sale of the existing property must occur within one year before or two years after the registered sale agreement date of the new property. It's also essential to pay at least the capital gains amount to the builder before filing the relevant Income Tax Return.

Within one year before registered sale agreement. (Or two years after that)

It must be within one year.

Ok , thanks, just to confirm, i can sell old one 2 years after the sale agreement of new property and the construction of new one should finish within 2 years of sale?

Yes, eligible, if you pay (at least) the capital gain amount to builder before filing relevant ITR.

An under-construction property ready in 2027:

• For Sec 54/54F, construction must be completed within 3 years from the date of transfer (sale) of the original asset. If you sold in, say, 2024 and the new flat (booked from a builder) completes in May 2027, it must be within 3 years of the sale date.

• CBDT Circular 471/1986 treats allotment of a builder flat as "construction". Payments to the builder within the period count, and completion of construction within 3 years is the test (tribunals are lenient where the delay is due to the builder).

• Deposit the unutilised amount in the CGAS before the ITR due date, and withdraw it as instalments are paid.

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