SEC 54 AND 54 F

Dear Sir , Kindly help us with the following queries regarding sec 54  and 54  F on capital gains 

1  I have  an LTCG from   Equity Investments in 2018 -2019  FY  for 30 lakhs (  Net consideration was 70 lakhs and LTCG 30L)

2   I  don't have any house during this period . And I purchased a flat for around 85 lakhs in 2019 Dec ,  which was under construction . The flat was  occupied in 2021 and Registration was made in 2022 Jan .. I have claimed an exemption  under Sec 54 F in my return for AY 2019 -20. 

3 . Now I am planning to buy another flat  ( in 2024)  .  Can I get another exemption under Sec 54 F for this new flat , if I am investing  my LTCG  from shares , in 2024 (  I am planning to sell my shares in 2024) .  Since the Original capital asset was sold in 2019 , i don't think I am violating the 1 year or 3 year statutory period for buying a new flat  under sec 54 F . Is my view correct ? . Meantime I am keeping the flat  regd in 2022  for 3 years . 

4.  If I am taking a housing loan for both the above flats , can I get   deduction for the same irrespective of the fact that 54 f has been allowed earlier 

 

5 If I sell the first flat after 3 years ( say in 2025) and invested in the new flat (  the same  flat which I am planning to purchase in 2024)

can i get exemption   under sec 54 . Any restrictions that the same flat   will not be considered for the exemption 2 times  ?

Because here I am using the new flat to claim exemptions under sec 54 F in Ay 2025 -2026    and   sec 54  in 2026 -2027 Ay . Is this possible ?

 

Expecting your expert advice 

 

 

 

 

Replies (6)
Quick Summary
This discussion clarifies capital gains tax exemptions under Sections 54 and 54F, particularly concerning Long Term Capital Gains (LTCG) from equity investments. It addresses queries about claiming exemptions on purchasing new residential properties, the timing of these purchases relative to the sale of the original asset, and the ability to claim exemptions on multiple properties. The advice confirms that an individual can own one existing property and claim an exemption on a new one, and that exemptions can be claimed sequentially under different sections if conditions are met.

All your answers could be in affirmation, except the time period to purchase any another flat should be only after 3 years from the possession taken of the first flat. As you have taken possession in 2022 so plan next flat purchase in 2025,,,,,

1. needs to be invested in house property.

Dear Sirs

Thanks for the reply ..  

The section is saying   2  conditions 

1)  Newly purchased flat ( claimed for 54F)  should not be sold before 3 years of possession / Registration 

2)  Should not purchase / construct a new house before 1 year / 3 years ,  from the date of transfer of the original asset . 

 

Point no 1 is pretty clear . 

Regarding point 2 , since the original capital asset was the Equity Shares , and they are transferred / sold in 2019 , that means a new house can be owned after 2022  ( 3 years )

Kindly advice if this view is right 

 

 

 

 

The first exempted asset which you purchased needs to be sold after 3 years of its purchase/ construction. Then only purchase another Asset because the condition to have 1 rhp at a time is there.

Dear Sir 

Thanks for the reply . Agreed that the first exempted flat can be sold only after 3 years , to keep 54F 

As per my understanding of the rules , I can own 2 houses  

The person  should not own more than one residential property other than the new one and must not buy or construct another residential property for two and three years, respectively, after the sale.of the original asset  . So this means , he can own 1 + the new exempted 1 = 2 flats at the time of claiming 54F . 

In my case I am  not owning any house except the new flat ( sec 54 f claim) . Hence even if   I  am purchasing another flat ( after 3 years of the transfer of the original asset)  using my new LTCG  in shares , I think the conditions are met because totally  I am owning only 2 flats , which is ok as per the rule 

Pls advice if this interpretation is correct 

 

 

Please advice if this interpretation is correct 

 

Yes, that is correct.         

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