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Strategies for Minimizing Capital Gains Tax on the Sale of Residential Property in India

Blox Blogs
Sep 19, 2023
5 mins read
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Blox Blogs
Sep 19, 2023
5 mins read

It might be financially profitable to sell a residential property in India, but there are tax repercussions as well. Profits from property sales are subject to capital gains tax. Are you wondering, how to save capital gain tax on sale of residential property? There are a few methods that homeowners can use to reduce their tax obligations. This article will examine practical strategies for reducing capital gains tax on the sale of residential property in India.

Understanding Capital Gains Tax

Understanding the fundamentals of capital gains tax in India is crucial before diving into tactics. There are two categories for the tax: 

  • When a property is kept for less than two years before being sold, short-term capital gains (STCG) are applicable. The gains are taxed in accordance with the individual's tax bracket after being added to their income. 
  • Property that has been owned for longer than two years is considered to have long-term capital gains (LTCG). Taxes on long-term capital gains (LTCG) are steady at 20% and benefit from indexation to account for inflation.  

Knowing about these aspects is vital if you want to understand how to save capital gain tax on sale of residential property in India. 

Utilize the Exemption under Section 54

Reinvesting the money you receive from the sale of your primary residence in new real estate is one of the best strategies to reduce your capital gains tax. According to Section 54 of the Income Tax Act of 1961, capital gains are tax-free if the entire sum is invested in a new residential property within a year before or two years after the sale or in certain bonds within a six-month period. This is one of the ways worth considering if you were thinking of how to save capital gain tax on sale of residential property

Consider Joint Ownership

Each co-owner of a piece of property has a claim to their fair share of the capital profits. Each person's tax obligation may come down as a result of this. However, it's imperative to confirm that the ownership structure of the property complies with the law.

Opt for a Joint Development Agreement

The tax consequences of a joint development agreement between a property owner and a builder can be advantageous. In accordance with this arrangement, the owner is given new flats in exchange for a piece of the area that was developed. Since there was no exchange of money, capital gains tax may be postponed until the newly acquired asset was sold.

Leverage Section 54EC

Another way to reduce capital gains tax is under Section 54EC. Individuals may be eligible for a gain exemption if they invest the sale proceeds in certain government-notified bonds within six months of the transaction. A three-year lock-in period is usual for these bonds.

Explore the Benefits of Section 54F

Section 54F presents an alternative for those who do not wish to reinvest in further real estate. A new residential home or a specific asset, such as bonds, is acceptable as an investment under this clause. The only condition for this exemption to apply is that the person selling the property must not own any additional homes.

Keep Detailed Records and Receipts

It is essential to keep meticulous records of all expenditures related to the purchase, improvement, and maintenance of real estate. These records can be used to determine an acquisition's indexed cost, which lowers taxable gains.

Seek Professional Advice

Understanding tax laws and regulations in-depth is necessary to navigate the capital gains tax's complexity. To ensure that you take full advantage of the various exemptions and deductions, you should get counsel from an experienced tax adviser or chartered accountant. 

Signing Off 

As you can see, careful legal compliance and strategic planning are required to reduce capital gains tax on the sale of residential property in India. Homeowners can improve their tax situation and raise the proceeds from the sale of their property by looking into these strategies and getting expert advice. Keeping in mind that each person's financial position is different, it is advisable to seek out specific counsel from a tax expert. With a little planning and the right strategy, you can lower capital gains taxes without any hassles. 

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