Reinvestment of long term gains u/s 54

Hi,  I had previously sold a property and invested the proceeds in a Capital Gains account with a nationalized bank to save on capital gains tax.  I purchased another property this year and used the proceeds in the Capital Gains account for this purpose.  I did this all within the 3 year limit set by the tax authorities.  I am planning on putting this new property on rent for the next 12 months after which I will be moving in there.  Am I allowed to put this house on rent or does it have to be self occupied?

Appreciate if someone can advise on the above.

 

Regards,

Sam

Replies (4)

Sam,

There is nowhere mentioned in the provisions that the purchased house should be self occupied to get the LT exemption.

The provisions talk about type of investment precisely. Hence no need to worry if you have followed the timelines specified in the section.

 

 

 

Thanks Suri, greatly appreciate your response.  My CA feels that the property needs to be self occupied in order to apply the funds earmarked as LTCG.  As per her we will have to pay 30% tax on the LT portion.

I am getting a lot of conflicting views on this.  Can you point me to an article or paper that can provide more clarity on this.  Once again thanks for your help.

 

Regards,

Sam

Sam,

I am surprised to see a CA advising so.  :)

I am enclosing a pdf Doc wherein  refer to Sec 54 at the top section. There is no condition abt the self occupancy.

Carry the same PDF to your CA or else go for a second opinionwith another CA. From my point of view, you dont need to worry if you have followed timelines. 

Suri.

 

 

 

 

 

Attached the PDF File.

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