Exemption sec 54f

Tax planning 656 views 6 replies

Respected Experts

Please help me in solving this issue:

Assessee sold a urban land earlier and purchased a house property (A) and that time as per law he took benefit of sec 54f.
Now in PY 2012-13 assessee sold another urban land and now want to purchase another house property (B) for taking benefit of sec 54F.

Facts are:
1.Resedential house property A is 2 year old but not 3 year.
2.Assess has only house A for his resident purpose now.

My Query are:

1.can assessee claim benefit of 54F by acquiring house property B...
2.if assessee has to hold till 3 year for selling out House property A..
if not then any other alternative for getting deduction of 54F.

and what is the time limit for the same..
Thanks in Advance 


 

Replies (6)

Hie, Yes , the assessee can claim 54F by purchasing a new house (B)...He does not need to sell old house (A) for it as one house is allowed...

 

He has to hold the new house for 3 years minimum...

Ok... Sneha D.

Assessee can take deduction of 54F by purchasing  House B.
But what about exemption of first 54F deduction by purchasing house A.

Because if assessee purchase House B, then he voilates condition that in next 2/3 year he should not acquire another residential house property..

and earlier deduction will be treated as LTCG..

am i right ??

Yes u are right... bt u said that old house A is now 2 years old right.... So he can now purchase a new house.... But if the old house has not completed 2 years then exemption on old house availed earlier will be withddrawn..

 

 

For claiming benefit 54EC can also be availed.... 

See, 

1st capital gain.... 

Sec 54F availed..house A bought

 

he should not purchase a new house till 2 years from date of transfer of original asset ... or not construct within a period of 3 years ....

 

After 2 years , he is free to purchase house B...

Crystal Clarity now..

Thanks for ur valuable suggestion and precious Time enlightened
 


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