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Lease agreements exemption

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i had sold my house property for 35 lacs and took a lease of another property for 40 years by paying 40 lacs at the time of agreement itself and so no further payment is required, the lease deed is silent regarding an sale or repurchase options, can I claim 54 exemption for the gain.
Replies (1)

Hi Abhishek,

Regarding claiming exemption under Section 54 on capital gains from sale of house property, here are some important points:

Section 54 Exemption Basics:

  • Exemption under Section 54 is available if you purchase or construct a residential house property within specified time limits (1 year before or 2 years after sale for purchase; 3 years for construction).

  • The exemption applies only when you acquire ownership of a new residential house.

  • Leasehold rights do not qualify as ownership of a property for claiming exemption under Section 54.

  • The lease agreement for 40 years, even with upfront payment, is considered a leasehold interest, not an ownership transfer.

In your case:

  • Since you have taken a lease of another property for 40 years (without sale or ownership transfer rights), you cannot claim exemption under Section 54.

  • Section 54 specifically requires purchase or construction of a residential house in ownership, not leasehold interest.

What can you do?

  • If you want to claim exemption, you should purchase or construct a house property in your name within the stipulated time.

  • Alternatively, explore exemption under other sections if applicable (like Section 54F if investing in a residential property with capital gains from any asset), but leasehold rights usually don’t qualify.

Summary:

Lease agreements—even for long periods with upfront payment—do not qualify for Section 54 exemption on capital gains.


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