Ltcg on sale of a flat

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Dear Sir, I have booked an under construction flat in August 2013 with proper agreement letter and payment duly mentioned in my registry. The possession and registry took place in May. 2015. Now I have decided to sell this flat. Can I be exempted from the tax in terms of LTCG if I buy another ready to move flat within a year or so! Thanks
Replies (3)

House property is said to be a long-term capital asset if it is held for >36 months. Since you say the possession was taken in May 2015, you need to wait at least for 3 yrs since the date of possession (or registration) in order to avail exemption u/s 54.

Thanks. Can I avail tax benefit u/s 54F since under construction property was booked in Aug 2013 but possession was taken in May 2015! I am ready to invst full sale consideraion with buying of another residential flat in a year or so.

 

  1. In order to avail exemption u/s 54F, you need to sell a long-term capital asset (not being house property) and buy a house property. Since this criteria (nature of asset and holding period of asset) is not satisfied, how do you intend to avail exemption benefit u/s 54F?
  2. What I understand is, you may avail exemption u/s 54 provided your flat that you are proposing to sell becomes a long-term capital asset. Right now, it is a short-term capital asset (as 3 yrs not over since possession or registration, whichever is earlier).
  3. I think you may do so after 3 yrs are completed (from May 2015).


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