Exemption for constructed property.

we have a bungalow.
we r going to enter into agreement with builder for sale of conveyance deed to construct it again.
will exemption under sec54 be available since we are not receiving any money against the sale of our land but we r going to receive flats in that new bungalow.
agreement is not for redevelopment but for sale .
bungalow will be divided into 6 owners and seperate purchase agreement will be entered.
Replies (6)
Quick Summary
This discussion explores whether exemption under Section 54 of the Income Tax Act is available when a bungalow owner enters into a sale agreement with a builder to construct a new property. The owner will receive new flats instead of monetary compensation for the land. While capital gains may arise based on the fair market value of the flats received, the consensus is that Section 54 exemption can likely be claimed, provided all other conditions are met.

No it is not capital gains
I think you are talking about ratio deal. Am I Right sir?
if yes then capital gain may arise as against consideration you will receive flats.

If flats are being received then capital gains arise by calculating the Fair Market Value as on date of agreement as sales consideration and by effecting indexed cost of acquisition net LTCG arises

 

 

Yes capital gains will arise since there is sale of conveyance deed.that is certain my question was regarding exemption?
i think exemption can be availed for one flat since it is as good as selling the flat nd purchasing new one
Originally posted by : jaee sawant
we have a bungalow.we r going to enter into agreement with builder for sale of conveyance deed to construct it again.will exemption under sec54 be available since we are not receiving any money against the sale of our land but we r going to receive flats in that new bungalow.agreement is not for redevelopment but for sale .bungalow will be divided into 6 owners and seperate purchase agreement will be entered.

As I understand, exemption u/s 54 can be availed (subject to satisfaction of relevant requirements u/s 54) because the value of flats that you receive will be considered as sale consideration.

For more on section 54: https://cleartax.in/s/section-54-capital-gains-exemption#amount

Agree with poornima

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