Manager - Finance & Accounts
58605 Points
Joined June 2010
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:
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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).
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The exemption applies only when you acquire ownership of a new residential house.
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Leasehold rights do not qualify as ownership of a property for claiming exemption under Section 54.
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The lease agreement for 40 years, even with upfront payment, is considered a leasehold interest, not an ownership transfer.
In your case:
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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.
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Section 54 specifically requires purchase or construction of a residential house in ownership, not leasehold interest.
What can you do?
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If you want to claim exemption, you should purchase or construct a house property in your name within the stipulated time.
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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.