What is the Capital Gains Tax on Property in India & How it Works?

The capital gains tax system in India functions as an essential element which determines property transaction outcomes and establishes the net profit margins for real estate investors. The Income-tax Act of 1961 establishes capital gains tax on property sales because any profit from selling or transferring immovable property becomes taxable under this law.

Property owners and investors need to learn how the capital gains tax India operates because the Government of India has introduced new capital gains tax regulations, and a complete understanding of the tax system from FY 2024–25 onward has become necessary. 

The blog provides a comprehensive and up-to-date description of the capital gains tax on property in India.

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What Is Capital Gains Tax?

The capital gains tax functions as a tax system which assesses taxation on profits derived from selling capital assets. Indian tax laws define property as a capital asset, which includes all types of property, ranging from residential and commercial buildings to land. 

The selling price of a property establishes its value when it exceeds the purchase price after deducting allowed expenses, resulting in capital gain, which sellers must report as taxable income for their selling year.

Capital Gains Tax on Property in India

The taxation of capital gains on property depends primarily on the holding period of the asset. The tax system classifies capital gains according to two time periods, which are:

• Short-Term Capital Gains (STCG)

• Long-Term Capital Gains (LTCG)

Each category has its own tax rates and benefits, which differ from one another.

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Short-Term Capital Gains Tax on Property

A property is considered a short-term capital asset if it is sold within 24 months from the date of acquisition.

Tax Treatment

• The seller’s total income includes the short term capital gains tax from property sales.

• The taxation is based on the income tax slab rate, which applies to the individual.

Key Points

• The procedure does not permit any indexation benefits.

• The effective tax burden on the taxpayer has increased.

• The product is designed for investors who need to sell their investments within a short time frame.

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Long-Term Capital Gains Tax on Property 

A property qualifies as a long-term capital asset if it is sold after 24 months of ownership. 

Long-Term Capital Gain Tax Rate 

Recent tax reforms have introduced a revised structure for long-term capital gains on property:

For property acquired before 23 July 2024:

Taxpayers can choose the more beneficial option:

• 20% with indexation, or

• 12.5% without indexation

For property acquired on or after 23 July 2024:

• 12.5% long term capital gain tax rate without indexation applies mandatorily.

Indexation Benefit Explained

The acquisition cost of the property undergoes adjustment through indexation, which uses the Cost Inflation Index (CII) to account for inflation changes. The increased cost base results in a reduced amount of taxable capital gains, which the investor must report.

Indexation remains accessible only through the 20% tax option, which taxpayers select for properties they purchased before 23 July 2024. The 12.5% regime does not provide access to this system.

How to Calculate Capital Gain Tax on Property?

The calculation method differs between short-term gains and long-term gains.

Step-by-Step Calculation

• Sale Consideration

The actual sale price exceeds the stamp duty value, which determines the higher value.

• Less: Transfer Expenses

The total transfer expenses include brokerage, legal fees, and documentation charges.

• Less: Cost of Acquisition

The actual cost for STCG.

The LTCG requirement requires the selection between indexed cost and actual cost.

• Less: Cost of Improvement (if any)

• Net Capital Gain

The taxable income is subject to the applicable tax rates.

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Exemptions Available on Capital Gains Tax on Property

Indian tax laws provide several exemptions to reduce long-term capital gains tax liability.

Section 54 – Reinvestment in Residential Property

• The law applies to situations where people sell residential properties.

• The law requires taxpayers to use their gains for buying another residential property.

Time limits:

• The buyer can acquire a property between 1 year before and 2 years after the sale date.

• The seller needs to finish construction work within 3 years of the sale date.

Section 54EC – Investment in Capital Gain Bonds

• The law requires investment in specific bonds.

• Maximum exemption: ₹50 lakh

• The bond requires five years during which investors cannot sell their investment.

Section 54F – Sale of Non-Residential Property

• If the sale proceeds are invested in a residential property
• Seller must not own more than one residential house (other than the new one)
  

How to Avoid Capital Gain Tax on Sale of Property?

The capital gains tax is not avoidable, but through proper planning, it can be reduced legally.

Common Strategies

• Retention in excess of 24 months.

• Choosing the most advantageous LTCG tax regime.
  
• Reinvestment under 54 or 54F.

• Investing in Section 54EC bonds.

• Putting unutilized gains in a Capital Gains Account Scheme (CGAS)

How Much Capital Gain Is Tax Free on Property?

The tax-exempt limit for property capital gains does not have a specific established threshold. The exemption depends on:

• The amount that has been reinvested

• The section under which the exemption is claimed

• Compliance with prescribed timelines

For example:

• The exemption under Section 54 equals the amount that has been reinvested

• The exemption limit for Section 54EC is set at ₹50 lakh.

See also: What Is a Stay Order on Property and How Does It Work?

Time Limit for Capital Gains Tax on Property

The right to claim exemptions from taxes requires taxpayers to complete their tax obligations within specific timeframes.

Key Time Limits

• Section 54 purchase: within 2 years after sale

• Section 54 construction: within 3 years after sale

• Section 54EC bonds: within 6 months from sale
  
• CGAS deposit: before the income tax return filing due date

Taxpayers who miss these specific deadlines will lose their rights to tax exemption.

TDS on Property Sale and Capital Gains

The buyer must deduct 1% TDS under Section 194-IA for property transactions that exceed ₹50 lakh. The TDS amount can be applied as a credit against the total capital gains tax obligation when the taxpayer submits their tax return.

Final Words:

India has made significant reforms to its tax on real estate capital gains since 2023. Since the new long-term capital gains tax rate will be introduced, taxpayers should calculate which tax regime they can receive more benefits in the sales of property.

The taxpayers must be aware of holding periods, tax rate and exemptions with their corresponding timelines in order to comply with them to maximize their after-tax benefits. The professionals ought to be offered the services of tax consultation to manage their precious real estate sales.

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