14 December 2009
Can a person can claim two exemptions u/s 54EC & 54 on sale of Residential House property by exempting Capital Gains first in 54EC and balance portion in sec 54
18 July 2024
No, a person cannot claim both exemptions under Section 54EC and Section 54 for the same capital gains arising from the sale of a residential house property. Here’s a detailed explanation:
### Section 54EC Exemption: - **Purpose:** Section 54EC provides an exemption from capital gains tax if the capital gains are invested in specified long-term assets, specifically eligible bonds issued by NHAI (National Highways Authority of India) or REC (Rural Electrification Corporation). - **Conditions:** - The investment must be made within 6 months from the date of transfer of the original asset. - The maximum amount that can be invested in these bonds is Rs. 50 lakhs in a financial year. - The lock-in period for these bonds is 5 years. - **Exemption Limit:** The amount invested in the specified bonds within the specified time frame up to Rs. 50 lakhs can be claimed as an exemption from capital gains tax.
### Section 54 Exemption: - **Purpose:** Section 54 provides an exemption from capital gains tax if the capital gains are reinvested in another residential house property. - **Conditions:** - The investment must be made either within 1 year before or 2 years after the date of transfer of the original house property, or within 3 years if a new house is being constructed. - The new residential house property must be purchased in India. - **Exemption Limit:** The amount of capital gains invested in the new residential house property can be claimed as an exemption.
### Can Both Exemptions Be Claimed? - **Overlap and Exclusivity:** These two exemptions are mutually exclusive. If an individual chooses to claim exemption under Section 54EC by investing in specified bonds, they cannot simultaneously claim exemption under Section 54 by investing in another residential house property. - **Choice of Exemption:** The taxpayer has the discretion to choose which exemption they want to claim based on their financial planning and objectives. They cannot split the capital gains to claim partial exemption under Section 54EC and the remaining under Section 54.
### Conclusion: When selling a residential house property and aiming to claim exemptions from capital gains tax: - **Section 54EC:** Useful when planning to invest in specified bonds to save tax on long-term capital gains. - **Section 54:** Suitable if the intention is to reinvest in another residential house property to save tax on capital gains. - **Consultation:** It’s advisable to consult with a tax advisor or chartered accountant to determine the most beneficial strategy based on your specific circumstances, ensuring compliance with tax laws and optimizing tax savings.
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