Capital gains ... ..

Hi sir or Madam.

I had purchased a flat 2yrs ago...and am paying the loan till now. So it's still under construction...so can I sell the flat to others or resell back to builder. Wts the tax implications.

Replies (1)
  • An under-construction flat can be sold before possession by transferring contractual rights to another buyer. This is called an “assignment of allotment,” and is typically formalized through a tripartite agreement among the seller (current allottee), buyer, and builder.

  • Builders usually require their consent (a No Objection Certificate) before the transfer, and may charge a transfer fee. Terms of such transfers are mentioned in your Builder Buyer Agreement.

  • The transaction is treated as a transfer of the “right to acquire the property” until the flat is registered or possession is taken.

  • If sold within 24 months (two years) of allotment, gains are taxed as Short-Term Capital Gains (added to income and taxed as per slab).

  • If sold after 24 months, gains are treated as Long-Term Capital Gains (LTCG) and taxed at 12.50% without indexation benefits.

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