Query On LTCG Tax After Selling HUF Property (FLAT)

Tax queries 343 views 1 replies

HUF owns a flat in Mumbai. This property was purchased in 2008. Now HUF wants to sell the property. At this moment HUF owns only one residential property in Mumbai. This property is generating rental income for HUF.  ITR of HUF is filled every year. At this moment the Karta of HUF owns, two flats in his individual capacity. I have following queries

1)     Can HUF reinvest LTCG in new flat to save income tax?

2)     Since Karta of HUF owns two flats in individual capacity, LTCG exemption under Section 54 will be allowed to HUF or not? I mean, is there any rule which prevents HUF to reinvest capital gain because Karta owns two flats at the moment?

3)     Does bank provide home loan to HUF?

Replies (1)

I'll address each of your queries: 1. Reinvestment of LTCG by HUF: Yes, HUF can reinvest Long-Term Capital Gains (LTCG) in a new residential property to save income tax under Section 54 of the Income-tax Act, 1961. However: - *Time Limit*: The new property must be purchased within 2 years from the date of sale of the original property or constructed within 3 years [1]. - *Exemption Limit*: The exemption is limited to the amount of LTCG reinvested in the new property [1]. 2. LTCG Exemption under Section 54: The exemption under Section 54 is available to HUF, regardless of the Karta's individual ownership of properties. The key consideration is: - *HUF's Ownership*: HUF must not own more than one residential property at the time of sale of the original property to claim exemption under Section 54 [1]. Since HUF owns only one residential property, it can claim the exemption. 3. Home Loan to HUF: Yes, banks provide home loans to HUF. However: - *Karta's Guarantee*: The Karta may be required to provide a personal guarantee for the loan. - *HUF's Income*: The bank will consider HUF's income, including rental income, to determine loan eligibility. To ensure compliance with tax regulations and to explore home loan options, consult a tax professional or chartered accountant.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
19 May 2026
Accountant

ca kunjan

Mumbai

CA Inter

View Details
Company
12 June 2026
Accounts & Taxation Executive

Winshine Financial Services

Mumbai

CA Inter

View Details
Company
01 June 2026
Audit, Taxation & Compliance Executive

R P S K & Associates

Nashik

CA Inter

View Details
Company
29 May 2026
Company Secretary - Part time

Shaswat initial support private limited

Ahmedabad

CS

View Details
Company
26 May 2026
CA / MBA (Finance) / CMA / M.Com (Finance)

Sri Aurobindo Gnostic Centre of Education

New Delhi

CA

View Details
Company
19 May 2026
Article, CA & Paid Assistant Positions

Aggarwal Sarawagi and Co

New Delhi

CA

View Details
Company
22 May 2026
U.S. Financial Reporting & Consolidation Manager

Karia Overseas

Ahmedabad

CA

View Details
Company
27 May 2026
Audit Assitant

Virender K Gupta and Co

New Delhi

B.Com

View Details