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Best Ways To Save Tax On Capital Gain

Best Ways To Save Tax On Capital Gain

July 5, 2020

Most of you will come across this term when we make a huge return of investment from a property sale. It is a very common scenario in India to invest in properties as part of the investment. But the returns of investments attract capital gain tax. There are few legal ways where you can save tax on your capital gain, be it STCG or LTCG

Re-Invest again in a property

This is the most common method we follow. Invest the capital gain to buy a new property or construct a house ( maximum 2 houses ). You can do it one year before or within two years after you make the sale.

Yes it is legal according to section 54 of income tax act.

There is one more condition, the capital gain must not exceed 2 crores in order to claim this exemption.

What if you are not interested to invest again in the property, how do you avoid paying tax?

For this, you can invest the capital gain in bonds issued by the government but there are restrictions. Like you can only invest up to 50 lakhs and only bonds issued by the National Highway Authority of India (NHAI) and Rural Electrification Corporation.

This is also legal according to section 54 EC of IT act.

If you ask me, I would say it is better to reinvest in property because the interest rate on returns from this bond is less like 6% and there is a lock-in period of 5 years. It is kind of unattractive.

What if you have a capital gain from other assets like gold, stocks, or mutual fund ??

In this condition, to save tax on capital gain you have to invest the entire sale proceed not just the capital gain to buy a property, construction, or bonds.

Things to remember

  • These exemptions are allowed only for individual or HUF
  • You can claim only one residential property. (you should not own more than one house/ property on the date of transfer other than one bought for claiming)
  • No exemption for capital gained outside of India
  • The capital gain obtained from a residential property cannot be claimed if invested in commercial property( shops, office space)

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