Capital gain tax on 3 rd house property

Tax queries 822 views 13 replies

Hi Friends,

I have 3 houses in bangalore and out of these I have sold one house and my capital gain is approx 50 lakhs and capital gain tax after indexation is  around 10 lakhs. I have info on 54 EC bonds but i want to invest in new house property.

can I still save my capital gain if I utilize it in buying my another house?

Please advice

Thanks 

Replies (13)

yes, you can purchase new house property to save tax.

Yes u/s 54, you can claim exemption and can bought a new residential house but you cant sell that house for next 3 years.

Originally posted by : CA Manish Malu

yes, you can purchase new house property to save tax.

Thanks a lot Mr.Manish & Harpreet.

Do I need to put my capital gain amount in Capital gain saving scheme 1988 or i can directly use it for construction of new house? And if I can use it directly to build a house in 3 yrs than what is the use of CGSS 1988 account?...

Please update me on the same

 

 

Your construction might take some time (say 6 to 7 months).....and exemption is  available only  if the house has been constructed till due date of filling of return of income or if the same is not possible then keep your funds likely to be used in construction in a special account tobe opened under Capital Gains A/c scheme,1988........(the exemption will be available equal to the amt. deposited in CGAS,1988)......so it is advisable to deposit the investible amount in A/c under CGAS,1998 and then withdrew from the bank as and when required by submitting FORM-C to bank.

Hi Maish...Exemption is - you can use that money for construction in next 3 years and you can acquire new house 1 year before sale & upto 2 years from date of sale. If you have any excess money in hand out of sale receipts (CG portion), you have to deposit that money into Bank Account & have to route all transactions through that Account but if you have already spend  whole CG portion in another residental house, no need to deposit.

Sorry wrongly spelled Manish.

Above message is for Garvit too.

Dear Saurabh/Harpreet/ Manish,

As per sec 54F I should not own on the date of transfer of the original asset more than one residential house (other than the new house) where as i own 1 self occupied property and 1 let out property at present. Still I can purchase a new residential house and claim exemption on my capital gain tax......Please advise!!!!

 

Thanks & regards

Garvit

Originally posted by : Garvit

Dear Saurabh,

As per sec 54F I should not own on the date of transfer of the original asset more than one residential house (other than the new house) where as i own 1 self occupied property and 1 let out property at present. Still I can purchase a new residential house and claim exemption on my capital gain tax......Please advise!!!!

 

Thanks & regards

Garvit


You are not supposed to claim exemption u/s 54f you have to claim exemption u/s 54.

Manish,

My main doubt is -i own 1 self occupied property and 1 let out property at present. Still I can purchase a new residential house and claim exemption on my capital gain tax......Please advise!!!!


 

Originally posted by : Garvit

Manish,

My main doubt is -i own 1 self occupied property and 1 let out property at present. Still I can purchase a new residential house and claim exemption on my capital gain tax......Please advise!!!!


 

Yes you can do so.
 

@ Garvit Have you held the asset(house property)  sold for period of atleast 3 years....??

 

If u Satisfy above condition u can claim Exemption under Sec 54..Else No...

 

Yes mr.manesh Even if u have more than house property and capital gain on sale of above will get exempted if you bought a house property one year prior to that transfer or buy a house property with in two year or construct a house property with in 3 years as per sec 54

yes, you can purchase new house property to save tax.
enjoy smiley !!!


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