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How can you save Long Term Capital Gains Tax?

Under Section 54 of the Income Tax Act, the seller of a real estate asset can claim for long term capital gains tax exemption, through these two methods.

• The seller must use the capital gain, arising out of the sale of his or her real estate investment, to buy or build another house

 

• The seller must use the capital gain, arising out of the sale of his or her real estate investment, to invest in specified capital gains bonds.

Therefore, continuing with our above example, if you have made a profit of Rs 15 lacs on the sale of your property, and you re-invest the entire capital gain amount (e.g. Rs 15 lacs) in a new property in the same financial year when the sale was made, then you will be exempt from long term capital gains tax on the sale of your property.

What if you have not been able to identify a property to avail benefits under Section 54?

If you are not able to identify a property in same financial year after selling property, you can still avail the tax benefits under Section 54 of the Income Tax Act, provided you buy another house in 2 years or build another house in 3 years. To avail of long term capital gains tax benefit, you have to open a special account called capital gain accounting scheme and deposit the amount of capital gains in the capital gains account before the due date of filing of income tax returns for the assessment year in which the asset sale was. All withdrawals from the capital gains account should be made only for purchase of property. Continuing with our above example, if you deposit the entire capital gain amount (e.g. Rs 15 lacs) in a capital gains account before the date of filing of IT returns for the assessment year 2014 - 2015, which will be sometime in end of July 2014, you will be able exempt from long term gains. You will be able draw funds from your capital gains account to buy another house in 2 years (i.e. by 2016) or build another house in 3 years (i.e. 2017). However if you fail to purchase a property within three years after selling your property, the entire sales proceeds will be exposed to Long Term Capital Gains and the tax consequences thereof.

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