Deduction under section 54f for ltcg exemption

Hi,

I have long term capital gains from unlisted shares that I want to utilise against exemption under section 54F for residential property investment. Sharing current facts below first - 

1. Date of capital gain - 1-Sep-2018

2. Current city - Gurgaon

3. Existing property investment

a. 3 year old investment in Maharashtra - possession taken, property registered under my name, but not rented
b. 4 year old investment in Haryana - possession still not taken. property not yet registered under my name. EMIs being paid from my account

4. New property investment (planned) - Gurgaon - Want to buy it in next 2 months

 

Problem statement: I want to invest in a new property as per Point 4 and claim exemption on it under 54F. However, 54F allows only one existing property.
 

Q1. Can we claim exemption on new property by excluding 3B since the possession/registration for 3B hasnt even been taken yet?  

Q2. If answer to Q1 is yes, what do I do with 3B for now? Should I sell it to someone without possession/registration and have the sale proceeds transferred to say my father's account instead? Or should I drag 3B for couple of more years without taking possession?

Q3. If answer to Q1 is no, I also have a gift deed with my dad where I have gifted 3B to him few months ago. However, the registration formalities havent been completed yet. Even if I register NOW (post receipt of LTCG money), can i exclude 3B from list of existing properties and claim exemption on new investment?

 

Any help would be appreciated. This entire topic is too messy for anyone to give me a clear answer. Hope someone can help from this forum.

 

 

 

Replies (1)

Q1. Can we claim exemption on new property by excluding 3B since the Possession/registration for 3B hasnt even been taken yet? 

Yes. But IT officer may not accept claim. Higher authorities can accept the claim based on non-registration stand.

Q2. If answer to Q1 is yes, what do I do with 3B for now? Should I sell it to someone without possession/registration and have the sale proceeds transferred to say my father's account instead? Or should I drag 3B for couple of more years without taking possession?

Either of it which suits most. For second option occupation certificate should not be available for at least 3 years from sale of original asset.

Q3. If answer to Q1 is no, I also have a gift deed with my dad where I have gifted 3B to him few months ago. However, the registration formalities havent been completed yet. Even if I register NOW (post receipt of LTCG money), can i exclude 3B from list of existing properties and claim exemption on new investment?

Rather than Gift deed, direct transfer of the allotment in father's name or third party would be safer option.
 

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