Exemption on long term capital gains tax under section 54f

Tax queries 4980 views 10 replies

 

Can exemption from long term capital gains tax under section 54F be availed if one already owns a house?

 

Can exemption from long term capital gains tax under section 54F be availed if one already owns a house?



If a person sells a plot of vacant land, purchased over 3 years ago, and from the sale proceeds of the land, he proposes to purchase a flat so that he can avail exemption of long term capital gains tax under section 54F and if he already owns one flat(house property), can he still avail the tax exemption by purchasing a second house property? Is there any limit to the number of house properties one already owns, prior to the purchase of this new house property, in order to avail the tax exemption under discussion?

 

 

Replies (10)

yes he can avail exemption.

only i hp should be there prior to new hp

Yes he can claim exemption u/s 54f..only condition is one cannot possess more than one house excluding d one in which he is investing..

agreed.....you can own one house property prior to entering into new transac.

Me too agree with CS Pushkar Agarwal, Anupreksha Thote, Mayank Mall.

For More Clarification :

Conditions Must be followed

1. Asser other than Residential housae transferred

2. Applicable for Individual and HUF.

3. Should be long term capital asset

4. Assesee should not own more than one House on date of Transfer.( So mr Kapil, it is clarify that he can avail Exemption u/s 54F  if one already owns a house)

5. amount to be invested for purchasing new house is - Net Consideration received. if not, Exemption should be reduced proportiolately to amount received )

6. Purchase only a resident house.

7. sale of new house (same as section 54)

Dear Sirs, if he already owns two house properties and hence cannot claim exemption under section 54F, what are the other ways out to save tax? 

EXEMPTION CAN BE CLAIMED UNDER SECTION 54EC BY INVESTING IN NHAI OR RECL BONDS REDEEMABLE AFTER 3 YEARS UPTO UPPER LIMIT OF 50 LACS PROVIDED SUCH INVESTMENT SHOULD BE MADE WITHIN 6 MONTHS OF TRANSFER.

Originally posted by : CS Pushkar Agarwal

EXEMPTION CAN BE CLAIMED UNDER SECTION 54EC BY INVESTING IN NHAI OR RECL BONDS REDEEMABLE AFTER 3 YEARS UPTO UPPER LIMIT OF 50 LACS PROVIDED SUCH INVESTMENT SHOULD BE MADE WITHIN 3 YEARS OF TRANSFER.


Well i think investment limit in bonds u/s 54EC has to be made within 6 months and Capital Gain scheme is not applicable here.

YES........... YOU CAN AVAIL THE EXEMPTION.........

does section 54 f is applicable in case of long term capital arrising from sale of commercial property

Dear Sir/Madam,
Thanks for the information. I have one query. I sold a non-agricultural land on 17 April  2013 after holding it for more than 4 years. I had booked a flat in early 2009 for which the registration of "agreement to sale" with the builder happened on 24 Dec 2009, but got the possession of this flat only in Feb-2013. Can I claim advantage of "reinvesting in house property" to save long term capital gain tax relating to these transactions? As the actual possession date is within specified limit of 1 year before the land sell transaction, can I claim investment in this flat from the long term capital gain arising from selling of the land? As on the Income Tax website, it clearly shows that the act of giving possession  is treated as transfer of ownership for the purpose of Capital Gain. Please advice in this matter.
 
Rajashri


CCI Pro

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