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Long Term Capital Gains on Property Sale


Long Term Capital Gains on Property Sale

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🏠 Navigating Property Sales in India: Understanding the New LTCG Tax Rules (Effective July 23, 2024)

India’s real estate sector has undergone a key transformation with updated Long-Term Capital Gains (LTCG) tax rules for property sales, as introduced in the Union Budget 2024. Whether you’re planning to sell your long-held home or investing in new real estate, understanding these changes is essential to make informed financial decisions.


What’s Changed in LTCG Tax Rules?

Effective July 23, 2024, the Income Tax law now provides two distinct taxation methods for calculating LTCG from property sales—depending on when the property was acquired.

📊 Tax Methods Comparison

Criteria

20% Tax with Indexation

12.5% Tax without Indexation

Applicable To

Property bought before July 23, 2024

All property sold post July 23, 2024

Tax Rate

20%

12.5%

Indexation Adjustment

Yes

No

Flexibility

You can choose the better option

No choice available

Exemptions (Sec 54/54EC/54F)

Applicable

Applicable


 Which Method Should You Choose?

Option 1: 20% with Indexation

Ideal for properties held long-term. The original purchase price is adjusted for inflation using the Cost Inflation Index (CII), reducing your taxable gain significantly—especially helpful for assets bought years ago.

Option 2: 12.5% without Indexation

Better for relatively recent purchases. It skips inflation adjustment but offers a lower tax rate. For some sellers, this method results in lower taxes overall.

💡 If your property was acquired before July 23, 2024, you can use whichever method saves you more tax.


🛡️ Tax-Saving Exemptions You Should Know

You can reduce or even eliminate LTCG tax by leveraging these provisions:

🔹 Section 54 – Reinvest in Residential Property

  • Reinvest capital gains into a new house within specified timelines
  • Exemption cap: ₹10 crore
  • Must be purchased within 1 year before or 2 years after the sale, or constructed within 3 years

🔹 Section 54EC – Invest in Specified Bonds

  • Bonds issued by NHAI, REC, PFC, or IRFC
  • Investment must be made within 6 months
  • Max ₹50 lakh/year; 5-year lock-in period

🔹 Section 54F – Reinvest Gains from Non-Residential Assets

  • Use sale proceeds from other long-term assets to buy a residential house
  • Must not own more than one house on sale date

🚨 Important for New Buyers

If the property is acquired on or after July 23, 2024, you will automatically fall under the new system:

  • Flat 12.5% tax rate
  • No indexation adjustment

This streamlines the tax computation but removes inflation relief.


📌 Final Takeway

The 2024 amendment offers more flexibility for long-term owners while simplifying taxation for new investments. If you’re selling a property acquired before July 23, 2024, take full advantage of the grandfathering provision to choose the method that minimizes your tax.

👉 Consult us to calculate your potential liability under both methods before making a sale decision.


 

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