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Capital Gains
Capital Gains Tax Advisory
LTCG / STCG computation on property sale, indexation benefit, exemption planning under Section 54 / 54F / 54EC. Minimise tax legally before your transaction.
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TDS · Form 26QB
TDS on Property Purchase
Buying property > ₹50 lakh? Deduct 1% TDS (Indian seller) or 20-30% (NRI seller), pay via Form 26QB on TRACES, and obtain Form 16B for the seller.
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Income Tax
Rental Income ITR Filing
ITR-1 or ITR-2 for rental income from one or more properties. Claim 30% standard deduction on rent, municipal tax deduction, and home loan interest under Section 24(b).
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Registration
Property Registration Advisory
Stamp duty computation, registration fee calculation, circle rate vs market value analysis, undercounting risks, and tax implications of property registration.
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RERA
RERA Compliance for Builders
Project registration with state RERA authority, quarterly updates, financial disclosures, agent registration, and complaint response. Complete RERA compliance for developers.
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Tax Saving
Section 54EC Bond Investment
Invest LTCG up to ₹50 lakh in NHAI / REC bonds within 6 months of property sale to claim full LTCG exemption under Section 54EC. Lock-in: 5 years.
Advisory included
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Capital Gains Explained
LTCG vs STCG on Property — Know Your Tax
The holding period determines whether your gain is Long-Term or Short-Term — and the tax rate is dramatically different.
Held > 2 years
Long-Term Capital Gains (LTCG)
20%
LTCG on property is taxed at 20% (plus 4% cess = 20.8%). Indexation benefit applies: cost is inflated using Cost Inflation Index (CII), significantly reducing the taxable gain. Budget 2024: 12.5% rate without indexation is now an option — compare both to minimise tax.
Exemptions available: Section 54 (reinvest in new residential property), Section 54EC (invest in bonds ≤ ₹50 lakh), Section 54F (sell any asset, buy house).
Held ≤ 2 years
Short-Term Capital Gains (STCG)
Slab Rate
STCG on property is added to your total income and taxed at your applicable income tax slab rate (5%, 20%, or 30%). No indexation benefit. No special exemption available — the full gain is taxable. Selling within 2 years is generally tax-inefficient.
Strategy: If possible, wait until holding period crosses 2 years to convert STCG into LTCG and access indexation + Section 54 exemption.
LTCG Exemptions
Section 54 — Save Your Capital Gains Tax
Section 54
Sell House → Buy House
Sell a residential property and reinvest LTCG in a new residential property (1 property) within 1 year before or 2 years after sale, or construct within 3 years. Capital gains deposited in Capital Gains Account Scheme (CGAS) if not reinvested before ITR due date.
Section 54F
Sell Any Asset → Buy House
Transfer any long-term capital asset (plot, shares, gold, etc.) and reinvest the entire net sale consideration (not just gains) in a residential house within the specified time. Must not own more than 1 other house on date of sale.
Section 54EC
Invest in Specified Bonds
Invest LTCG (up to ₹50 lakh) in specified bonds — NHAI (National Highways Authority) or REC (Rural Electrification Corp) — within 6 months of sale. Lock-in period: 5 years. No TDS on interest.
Section 54B
Agricultural Land
LTCG on transfer of agricultural land exempted if the gain is reinvested in new agricultural land within 2 years. The new land must be used for agricultural purposes.
Section 54D
Compulsory Acquisition
LTCG from compulsory acquisition of industrial undertaking land/building is exempt if reinvested in new industrial land or building within 3 years of receipt of compensation.
CGAS
Capital Gains Account Scheme
Deposit unutilised LTCG in a Capital Gains Account Scheme bank account before the ITR due date. Use these funds within the prescribed time to purchase/construct the new property and still claim the exemption.
Common Questions
Property Tax — FAQs
For LTCG: Taxable Gain = Sale Price − Indexed Cost of Acquisition − Indexed Cost of Improvement − Transfer Expenses. Indexed cost = Original cost × (CII of sale year ÷ CII of purchase year). For example, a property bought in 2008 for ₹30 lakh sold in 2024: CII 2008 = 137, CII 2024 = 363. Indexed cost = 30L × (363/137) = ₹79.49 lakh. If sold for ₹95 lakh, LTCG = ₹15.5 lakh, tax = ₹3.22 lakh (20.8%). Without indexation at 12.5%: ₹65L × 12.5% = ₹8.1L — compare both and choose lower.
If property value exceeds ₹50 lakh and seller is a resident Indian: deduct 1% TDS on total sale consideration (not just the excess), pay via Form 26QB on TRACES within 30 days of end of the month in which payment is made. If seller is an NRI: TDS is 20-23.92% (LTCG) or 30-34.32% (STCG) on the full consideration. NRI can apply for lower TDS certificate (Form 13) to reduce this. Failure attracts interest + penalty.
Rental income is taxable under "Income from House Property." Gross rent is reduced by municipal taxes paid, and then a standard deduction of 30% (flat — no proof required) is allowed. If there is a home loan, interest is deductible up to ₹2 lakh (self-occupied) or fully for let-out property (set-off against other income capped at ₹2 lakh, remainder carried forward). Net income after these deductions is added to your total income and taxed at slab rates.
Yes, under Section 54. You can claim exemption equal to the amount reinvested in a new residential property. If you reinvest the entire LTCG, the tax liability becomes zero. Key conditions: the new property must be bought within 1 year before or 2 years after sale (or constructed within 3 years); you cannot sell the new property within 3 years; and from FY 2023-24, the new property value cannot exceed ₹10 crore for the exemption. TaxClue ensures all conditions are correctly met.
Under Section 43CA and 50C, if the sale consideration is less than the stamp duty value (circle rate), the stamp duty value is deemed to be the sale consideration for capital gains computation — even if you sold for less. This prevents underreporting. However, if the stamp duty value is up to 110% of the actual sale price, the actual price is accepted. If you dispute the stamp duty value, you can refer to Stamp Valuation Authority. TaxClue advises on this critical issue before you finalise any property deal.
Calculate Your Property
Capital Gains Tax
Capital Gains Tax
Share your property details — our CA will compute your exact LTCG / STCG, identify applicable exemptions, and tell you the minimum tax you need to pay.