Long term capital gains tax - reinvesting in a property

Tax queries 261 views 7 replies

Dear Forum Members

I had sold a plot in February 2014, and I am re-investing the proceeds (capital gains portion - LTCG) in a vacant plot and constructing a building / dwelling unit on the plot within the 3-year timeframe as per Sec 54 capital gains act

I am buying 2 plots that are 2280 square feet each (a total of 4560 square feet) as part of the capital gains re-investment. The query I have is

  1. Should I register both plots in 1 single sale deed, or
  2. Can I register both plots in 2 sale deeds?

Will this have an impact on my capital gains re-investment with the Income Tax department?

Suggestions from experts on this forum will be very much appreciated

Regards

 

P S Krishnan

Replies (7)

You can get duduction u/s. 54F, as you have sold a PLOT. So, if other canditions of the saction are satisfied, you can get benifit to the extent of amount out of your total sales proceeds, by constructing ONE house property over any one plot/joint plot, within specified time limit. Till then deposit the unused amount in Capital Gains account scheme.

Thank you very much Mr Dhirajlal

My query is I am buying 2 plots of 2280 square feet x 2, For the Sec 54 reinvestment scheme, should I register both plots in 1 single sale deed or can I register as 2 separate sale deeds. If I register as 2 sale deeds will i get exemption u/s 54 only for 1 plot or will i get exemption for both plots. Your advise will be very much appreciated

regards
 

Krishnan


 

"If I register as 2 sale deeds will i get exemption u/s 54F for both plots."

Yes, provided you plan to construct ONE house over both of them

I have another question linked to this. I have a residential land and an apartment for last 8 years. If I sell the land (not the apartment) then can I reinvest the LTCG in another land or apartment to save tax? The full amount has to be reinvested or only the LTCG? The LTCG is much higher than Rs. 50 Lacs.

I was told by someone that under new rules this is not permitted. One can reinvest and save LTCG tax ONLY if the person has only ONE residential property. 

Please clarify.

"The full amount has to be reinvested or only the LTCG?"

When you sale land, for exemption u/s. 54F, the sale proceeds is considered for exemption and not just gains.

Secondly, the condition is, you should not have more than one house on the date of sale of the land. So, need not worry for the said ONE apartment.

Finally, you can also avail exemption u/s. 54EC, investment in Capital Gains Bond, in addition to investment in new house porperty.

Thanks a lot Sir. Just to clarify : I can reinvest the Sale proceeds in a new land or apartment to save tax? If instead of land, I had 2 apartments and I had sold 1 apartment then this "Reinvestment into another property" would not have been available?

1. Exemption available for A Residential House or Apartment. (not for just land)

2. For sale against any house property, section 54 is attracted, there the condition of previously owned residential property is not there. You may have any number of house properties, still exemption u/s. 54 can be availed.


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