Tax on sale of site

Tax queries 145 views 5 replies

I purchased a site in Bangalore in 2002 for 5 lakhs and sold in 2017 for 15 lakhs.

1. Now, do we have to pay tax on this long-term capital gain from selling this site if I buy an apartment in 2018 August and its construction completion is in 2021.

Replies (5)

No need to pay LT CG tax....

But you have to declare the same in ITR and claim exemption u/s. 54F

Long Term Capital Gain 

=Sale Price - Indexed Ciost of Acquition 

= 1500000 - 500000*272/105 = 204761

Basic conditions Following conditions should be satisfied to claim the benefit of section 54.

 The benefit of section 54 is available only to an individual or HUF.

 The asset transferred should be a long-term capital asset, being a residential house property.

 Within a period of one year before or two years after the date of transfer of old house, the taxpayer should acquire another residential house or should construct a residential house within a period of three years from the date of transfer of the old house. In case of compulsory acquisition the period of acquisition or construction will be determined from the date of receipt of compensation (whether original or additional).

With effect from assessment year 2015-16 exemption can be claimed only in respect of one residential house property purchased/constructed in India. If more than one house is purchased or constructed, then exemption under section 54 will be available in respect of one house only. No exemption can be claimed in respect of house purchased outside India.

Long term capital gain will be applicable.But you will get exemption under section 54  since you are investing in new residential property(constructing within 3 years of transfer).

 

Thanks Koushal, You mentioned that 

The asset transferred should be a long-term capital asset, being a residential house property.

But we sold an urban plot/site - Is this the same?

 

Originally posted by : Pradeep Dsouza
Thanks Koushal, You mentioned that 

The asset transferred should be a long-term capital asset, being a residential house property.

But we sold an urban plot/site - Is this the same?

 

in the case of an assessee being an individual, the capital gain arises from the transfer of any long-term capital asset, not being a residential house Section 54F Applicable  

Refer https://www.incometaxindia.gov.in/Acts/Finance%20Acts/1982/102120000000036022.htm


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