Advance Tax on Capital Gains for Senior Citizen

Hi,

I have given my land for construction to a builder. After completing the construction I was handed over my share of flats in May 2024. I am 74 yrs old.

I understand I have to pay capital gains tax on it, but my question is do I need to pay full capital gains by 15 June 2024 or I can make part payment.

Please suggest.

Replies (14)
Quick Summary
This discussion clarifies advance tax obligations for senior citizens receiving capital gains from property. It confirms that resident senior citizens (aged 60+) with no business income are generally exempt from paying advance tax, even on capital gains. While advance tax installments are not required, the final tax liability must be settled by the due date to avoid late filing interest. The conversation also touches upon Section 54EC investments for reducing capital gains tax, highlighting the need to invest the net taxable gain, not just the tax amount, with an annual limit of Rs. 50 lakh.

If you do not have any business activity, i.e any income u/h. PGBP, you are not liable to pay any advance tax.

Section 207 IT act gives relief from payment of Advance Tax to a Resident Senior Citizen.

Sir thank you very much for your help.

Sir I have income from pension, no business or any other income.

so do I need to pay advance tax.

please suggest.

No. You are exempted from advance tax liability.

Sir didn’t got it.

Sir it means I have to pay advance tax or not.

Simply, you are not required to pay advance tax.

Thank you very much sir.

You are welcome.               

Avoid capital gains tax and invest in Sec 54EC AND OTHER SEC 54F

ok thank you will look into it.

Hi there is one query about sec 54 EC :

Is this illustration correct or I am missing something.

Particulars Amount (Rs.)
sale consideration 1 cr
Less: Indexed cost of acquisition 46 lakh
Less: Indexed cost of improvement 10 lakh
Net 44 lakh
LTCG 20% 8.8 Lakh
Investment under 54 EC

8.8 lakh

so Net Tax - NIL

You need to invest net long-term capital gain from the sale of Land / Building in Capital Gain Bonds to claim a deduction u/s 54EC. Thus, in the given case you need to invest Rs. 44 lacs. Investing Rs.8.8 lacs shall allow you a deduction u/s 54EC to the extent of Rs.8.80 lakh and the balance shall be liable to capital gain tax. It is the net taxable capital gain that has to be invested and not the tax. The investment in bonds is subject to a maximum of Rs.50 lacs in a year.

Originally posted by : PARAS CHHAJED
opening quote You need to invest net long-term capital gain from the sale of Land / Building in Capital Gain Bonds to claim a deduction u/s 54EC. Thus, in the given case you need to invest Rs. 44 lacs. Investing Rs.8.8 lacs shall allow you a deduction u/s 54EC to the extent of Rs.8.80 lakh and the balance shall be liable to capital gain tax. It is the net taxable capital gain that has to be invested and not the tax. The investment in bonds is subject to a maximum of Rs.50 lacs in a year. closing quote

 

ok got it...thank you very much.

The advance tax exemption for resident senior citizens (aged 60+) applies across ALL income heads, not just salary or pension. So if your only income sources are pension/interest/rental/capital gains, you are EXEMPT from advance tax installments under Section 207.

This means:
- No quarterly advance tax payments needed for LTCG or STCG from shares or mutual funds
- No Section 234B interest on shortfall (because the exemption removes the advance tax obligation itself)

However, Section 234A interest (1% per month) still applies if you file the ITR late after July 31, 2026. So while you do not need to pay tax in installments during the year, you still need to clear any final balance and file on time.

One exception: If the senior citizen HAS business or professional income (even part of the income mix), the advance tax exemption does not apply, and installments are required on the TOTAL tax liability including capital gains.

For the capital gains tax rates on equity shares and the advance tax timeline, this [Section 234B and 234C advance tax interest calculation guide](https://taxgarden.in/blog/section-234b-234c-advance-tax-interest-calculation-india) has the exemption rules and interest computation in one place.

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