Deduction us 54

Dear all,

Long term capital gain from property can be invest by spouse for exemption u/s 54
Replies (8)
Quick Summary
This discussion explores whether capital gains from a property sale can be invested in a spouse's name to claim a deduction under Section 54. The core question is whether the seller's name must appear on the new property purchase for the deduction to be valid. While common sense might suggest it's acceptable, the consensus leans towards the seller's name being required on the new purchase, even if jointly owned, with funds originating from the seller's account.

Long term Capital gain from property sale.
Invest in capital gain bonds or purchase a new house within six months of such purchase. Construct a new house property.
Can be invest by spouse

FOR DEDUCTION U/S. 54 THE NAME OF THE SELLER SHOULD BE THERE IN NEW PURCHASE, BE IT JOINT PURCHASE; WITH THE INVESTMENT FROM THE SELLER'S ACCOUNT.

There is no indication as to the ownership of the property by the querist.

NEED TO APPLY COMMON SENSE. 

Yes my question is, if capital gain arise to husband for property sale then his wife purchase the property. can her husband take the benefit of 54
Common sense in Accounts and taxation is not allowed . Since its a general discussion forum it cannot be allowed.

My reply is based on your query .... "There is no indication as to the ownership of the property by the querist."

It is simple understanding based on word SPOUSE.... It is not related to Accounts or Taxation, but common language.

Well, sorry  if I have hurt you in anyway. My intention was to make you more serious to understand any query. Getting just points will not help in understanding the act or subject, or getting practical approach to any query.

That is the advantage of this FORUM, It is good platform to discuss any problem with open heart and not to evaluate anybody's IQ.

Good Luck ....

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