LTCG exemption for plot + construction

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Hi All,

 

Purchased a plot last year in October where I plan to construct a house in 2 years. Can I use all my mutual fund / equity sale amount under section 54f to avoid LTCG for this. All the equivalent mutual fund / equity share amount have already gone to payment so far to plot. I have only one residential flat in my name as of now (this would be the 2nd property).

 

Please let me know. Thanks!

Replies (3)
Quick Summary
This discussion explores whether funds from mutual fund and equity sales can be used to claim Long-Term Capital Gains (LTCG) exemption under Section 54F when purchasing a plot for future house construction. The user has already made payments towards the plot using these funds and seeks clarification on its eligibility for exemption, especially since they plan to build a house on it within the stipulated timeframe. The response outlines the general steps for claiming LTCG exemption on property construction, including holding periods, construction timelines, and necessary documentation.

To get Long-Term Capital Gains (LTCG) exemption on constructing a flat, follow these steps: 1. _Hold the asset for 2 years_: Ensure you've held the asset (land or property) for at least 2 years to qualify for LTCG. 2. _Construct a residential house_: Use the gains to construct a residential house within 3 years from the date of transfer. 3. _File Form ITR_: File your Income Tax Return (ITR) and report the LTCG in Schedule CG (Capital Gains). 4. _Claim exemption_: Claim the exemption under Section 54 of the Income Tax Act, 1961. 5. _Invest in a new asset_: Invest the LTCG in the construction of a new residential house. 6. _Get a completion certificate_: Obtain a completion certificate from the builder or a certificate of occupancy. 7. _Submit documents_: Submit documents, such as: - Proof of investment in the new asset - Completion certificate - Proof of payment of LTCG 8. _Exemption limit_: The exemption limit is ₹2 crores per financial year. Note: - Consult a tax expert or chartered accountant to ensure accurate reporting and compliance. - The exemption is available only for individuals and HUFs (Hindu Undivided Families). - The new asset must be held for at least 3 years to avoid tax implications.

Thanks Mr. Rama. What I wanted to validate was that payment towards plot (land) can also be considered under 54F if I am planning to construct a house on the same. Payments started from Oct 2023 and mutual fund sale happend till Mar 2024. 

Waiting for revert on this

What I wanted to validate was that payment towards plot (land) can also be considered under 54F if I am planning to construct a house on the same. Payments started from Oct 2023 and mutual fund sale happend till Mar 2024. 

 

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