Long-Term Capital Gains Tax Exemption Under Section 54F Of The Income Tax Act (LTCG)
Indian nationals are eligible for some tax exemptions under various parts of the Income Tax Act. By selling any capital asset, with the exception of real estate, we can earn long-term capital gains free of tax under certain sections of the Income Tax Act, one of which is Section 54F.
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Therefore, if we choose to sell capital assets like shares, bonds, gold, etc. and then reinvest the sale profits to buy or build any house property, we can anticipate receiving a tax refund on the money made from the sale of the capital assets. We shall go into great detail about section 54 of the Income Tax Act in this essay.
How can I make an exemption claim in accordance with Section 54F of the Income Tax Act?
For an exemption under Section 54F, a few prerequisites must be met. The following is a list of all the necessities:
- Only private individuals or a Hindi Undivided Family are eligible for the exemption (HUFs)
- Section 54F of the Income Tax Act provides an exemption for capital gains on the transfer of any long-term capital asset, with the exception of a primary residence.
- To claim the exemption, the sale must go through the following steps:
- A residential property must be purchased one year prior to the asset’s sale.
- After selling an asset, you have two years to purchase a residential home.
- After the asset has been sold, you have three years to build a residential property.
- A partial exception to the capital gain under Section 54F will apply if only a portion of the property is invested. In these circumstances, the total exemption is not permitted because the investment is not finished.
How does NET Consideration work?
It is crucial to comprehend what NET consideration means in accordance with section 54 of the Income Tax Act. The assesses must reinvest the Net consideration in order to qualify for the exemption. Under 54F, the phrase has a precise definition.
The overall amount of consideration one receives in exchange for transferring long-term capital assets is known as the “net consideration.” This does not include any other transfer-related expenses. Net consideration, in more specific terms, is the total value of consideration less related expenses.
Absence of Section 54F of the Income Tax Act
The following situations will not qualify for the tax rebate provided by Section 54F:
- If, on the day the transfer of the long-term asset is completed. The assesses is the owner of more than one residential property.
- Let’s say the assesses decides to buy a different residential property than the one they bought for the section 54F claim. Moreover, if it occurs within a year after the date the transfer of long-term capital assets is completed.
- If the assesses builds any residential homes other from the one that was purchased in connection with the section 54F claim. Moreover, if it occurs within a year after the date the transfer of long-term capital assets is completed.
- In the aforementioned instances, Section 54F will not be applied. And the entire amount of capital gains acquired by selling the initial assets that were not taxed will be recognised as taxable income.
A capital gain deposit account scheme: what is it?
In some circumstances, a capital gain deposit account plan may be practical. For instance, you can receive assistance from the plan if you are unable to use the entire or a portion of the selling profits to buy or build a new home.
You can keep the sale revenues under this plan in a bank that serves the public interest. In light of this, you are free to use all or a portion of the funds to build or buy a new home.
What effects do asset transfers have?
Let’s say you decide to purchase a home using the profits from the sale of capital assets. And take advantage of the provisions of section 54F of the Income Tax Act (section 54 of income tax act). If that’s the case, you have three years from the time of purchase or the completion of construction to transfer or sell that. If not, the 54F exemption (included in Section 54 of the Income Tax Act) will be revoked.
To avoid problems with tax benefits, you must be diligent and in compliance with all established rules and regulations while transferring assets.
What distinguishes Sections 54 and 54f from one another?
Despite certain similarities, Section 54 (section 54 of the Income Tax Act) & Section 54F also differ differently from one another. The differences are as follows: –
- Only when you sell a residential property is the section 54 of the Income Tax Act (section 54 of the Income Tax Act) exemption available. On the other hand, any transfer of a capital asset that is not a residential property is excluded under Section 54F of the Income Tax Act.
- Only when a long-term capital gain is used to build or buy one residential property is Section 54 exemption valid. Contrarily, Section 54F of the Income Tax Act for AY 2020–21 states that a taxpayer may only invest in two residential properties once in their lifetime and only if the long-term capital gain does not exceed $2 million. Any capital gain under Section 54F must be used to build or purchase a residential property.
- You are not required to have a maximum number of residential properties under Section 54. The exemption described in Section 54F of the Income Tax Act. However, is not available if the taxpayer owns more than one residential property on the day the long-term asset is transferred.
- You are still qualified to purchase any other residential property after claiming the exemption under Section 54. However, after you have requested the exemption under Section 54F of the Income Tax Act. You are not permitted to seek out another residential property.
Conclusion
Furthermore, it’s critical to be aware that your immunity will be revoked. If you purchase another residential property within three years of selling the previous one. If you purchase another residential property within two years of building the first one, the outcome will be the same.
In a nutshell, the Income Tax Act has a number of programmes and initiatives that allow Indian residents to take advantage of numerous tax exemptions. Tax break provisions like 80C, 80D, and 24(b) are only a few.
If properly implemented, Section 54 F is one of the programmes that could be quite advantageous for the assesses. We must keep in mind that breaking the guidelines outlined to receive the benefits will result in legal ramifications. Therefore, before choosing to take advantage of Section 54 F of the Income Tax Act. It is crucial to grasp all the factors (section 54 of income tax act).
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