Long Term Capital Gain Exemption Rule

This is regarding LTCG arising from the sale of a residential flat.

My client purchased a flat in 2006 and a second flat in 2021 (in the same building, with a home loan still running). He had planned to sell the first flat within 2 years of purchase of 2nd flat but could not do so because of leakages from the building terrace. This year, 2024, he purchased a third flat (due to its proximity to the school) on a home loan. Now he is in a situation where he has to sell the first flat to pay off one of the home loans. 

The query is: If he sells the first flat (purchased in 2006) within 2 years of purchasing the third flat, can he claim exemption on LTCG?

Is it necessary to invest the total sales proceeds, or just the LTCG amount (after indexation)? The third flat is an old resale flat, and it is priced lower than the one I plan to sell. So, even if I include the improvement cost for the third flat, I won't be able to use the entire sale proceeds on it.

What about investing in government bonds to avoid tax? Am I eligible to do that? For how many years should I stay invested in them?

 

Thanks. 




Replies (4)
Quick Summary
This discussion explores the rules for claiming Long Term Capital Gains (LTCG) exemption when selling a residential flat purchased in 2006. The client plans to sell this first flat within two years of purchasing a third flat in 2024, to repay a home loan. Key questions include whether exemption is possible under these circumstances, if the entire sale proceeds or just the capital gain needs reinvestment, and the eligibility for investing in government bonds to mitigate tax.

  1. Change your understanding. It is not two years from purchase of another flat, but ONE year from .....
  2. If the above condition gets satisfied, only capital gain need to be invested, not entire sale consideration...

Sir, thanks for the prompt reply.
Yes you are absolutely right. The new residential property should be purchased either one year before the sale or within two years after the sale of the old property.
Does the number of flats owned during the buying of a new flat or the selling of the old flat count. 

Thanks. 

No.... As sec. 54 IT act applies in residential properties.

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