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Capital Gains Guide · FY 2025-26 · AY 2026-27

Section 54 — Save LTCG Tax
on Sale of Your House

Exempt long-term capital gains from selling a residential house by reinvesting in a new house. Time limits, CGAS, the 2-house option, the Rs 10 crore cap and NRI rules for FY 2025-26.

Updated for AY 2026-27 Reviewed by CAs Individual & HUF
12.5%LTCG rate (no index.)
2 / 3 yrsBuy / build limit
Rs 2cr2-house cap
Rs 10crNew-house cost cap
Quick Answer

Section 54 exempts the long-term capital gain on selling a residential house (held over 24 months) if you reinvest the gain in another residential house in India — buy it 1 year before or 2 years after the sale, or complete construction within 3 years. Unused gain must go into a Capital Gains Account Scheme (CGAS) before your ITR due date. You may buy two houses once in a lifetime if the LTCG is Rs 2 crore or less. Since AY 2024-25 the new-house cost counted for exemption is capped at Rs 10 crore. LTCG on the house is otherwise taxed at 12.5% without indexation (sales on/after 23 Jul 2024).

LTCG rate 12.5%
Buy new house 2 yrs
Construct 3 yrs
2-house cap Rs 2cr
Eligibility

Section 54 — Key Conditions at a Glance

Section 54 is available only to an individual or HUF (not companies or firms). The asset sold must be a long-term residential house and the new asset must be a residential house in India.

ParameterRequirement
Who can claimIndividual / HUF only
Asset soldResidential house property (house, flat, portion used as residence)
Holding periodMore than 24 months (long-term)
New assetOne residential house in India (two if LTCG ≤ Rs 2cr, once in a lifetime)
Purchase time limit1 year before OR 2 years after date of transfer
Construction time limit3 years from date of transfer (must be completed)
Exemption capCost of new house counted only up to Rs 10 crore (AY 2024-25 onwards)
CGAS deposit deadlineOn or before ITR due date u/s 139(1) of the sale year
Lock-in on new houseDo not sell within 3 years of purchase / construction

The Income-tax Act, 2025 (effective AY 2026-27) renumbers these provisions but keeps the same conditions; the familiar "Section 54" remains the reference used in returns and case law.

Rs 10 crore cap can leave gains taxable

If your LTCG (or the cost of the new house) exceeds Rs 10 crore, only Rs 10 crore of the new-house cost is counted for exemption — the balance gain is taxed at 12.5%. High-value transactions should plan reinvestment and possibly combine Section 54EC bonds.

Which section fits

Section 54 vs 54F vs 54EC

Choose the right exemption based on the asset you sold and where you can reinvest. See our detailed pages on Section 54F and Section 54EC.

SectionAsset soldReinvest inTime limitMax exemption
54Residential house (LTCG)Residential houseBuy 2yr / build 3yrFull LTCG (1 or 2 houses)
54FAny LTCA other than a houseResidential houseBuy 2yr / build 3yrProportionate (net sale proceeds)
54ECLand or building (LTCG)NHAI / REC bondsWithin 6 monthsRs 50 lakh

54 and 54F cannot both be claimed for the same asset. 54EC can be combined with 54 or 54F for partial exemption. Both 54 and 54F carry the Rs 10 crore new-house cap.

54

Section 54 — house for house

  • You sold a residential house
  • Reinvest only the capital gain
  • Full exemption if gain ≤ new-house cost
  • Two houses allowed once if LTCG ≤ Rs 2cr
vs
54F

Section 54F — other asset for house

  • You sold shares, plot, gold, etc.
  • Reinvest the net sale consideration
  • You must not own more than one other house
  • Exemption is proportionate to amount reinvested

Not sure whether Section 54 or 54F applies to your sale? Get it reviewed before you file.

Talk to a Tax Expert →
Park the gain

Capital Gains Account Scheme (CGAS)

If you cannot buy or begin building the new house before your ITR due date, deposit the unused capital gain (not the full sale proceeds) in a CGAS account with a nationalised bank before the due date u/s 139(1) — usually 31 July 2026 for FY 2025-26. This preserves the exemption while you complete the reinvestment.

CGAS detailRule
Who can openIndividual / HUF claiming Section 54 or 54F
WhereAny nationalised / authorised bank (SBI, PNB, BoB, Canara, etc.)
Form to openForm A
Form to withdrawForm B / Form C (unutilised amount)
Account typesType A (savings) or Type B (term deposit)
Deposit deadlineOn or before ITR due date of the sale year (not the belated-return date)
Use the money by2 years (purchase) or 3 years (construction) from the original sale
If unused at deadlineUnspent CGAS balance taxed as LTCG in the year the limit expires

Amounts withdrawn from CGAS should be used for the house (commonly within 60 days of withdrawal). See our CGAS guide for the step-by-step process.

Worked example

Section 54 in Numbers

A house bought long ago is sold in FY 2025-26 with an LTCG of Rs 80 lakh. Two outcomes depending on how much is reinvested in a new house:

Full reinvestment — nil tax

LTCG on saleRs 80,00,000
New house costRs 85,00,000
Exemption u/s 54Rs 80,00,000
LTCG taxableRs 0

Partial reinvestment

LTCG on saleRs 80,00,000
New house costRs 50,00,000
Exemption u/s 54Rs 50,00,000
Taxable @ 12.5%Rs 30,00,000
Pre-23 July 2024 property — indexation option

For land/building acquired before 23 July 2024, resident individuals and HUFs may compute LTCG under the old 20% with indexation or the new 12.5% without indexation, whichever tax is lower. The Section 54 exemption applies to the gain either way — pick the method that leaves less taxable gain.

Government sourcesSection 54: incometax.gov.in · Provisions: incometaxindia.gov.in (Income-tax Act 1961, s.54 / 54EC / 54F) · Rate 12.5% without indexation & Rs 10 crore cap: Finance (No. 2) Act 2024, eff. 23 Jul 2024 · 2-house option (LTCG ≤ Rs 2cr, once in life): Finance Act 2019 / 2023
People also ask

Section 54 — Frequently Asked Questions

Basics
What is Section 54 of the Income Tax Act?
Section 54 exempts the long-term capital gain arising on the sale of a residential house property if you reinvest the gain in another residential house in India. The original house must be held for more than 24 months (long-term). It is available only to individuals and HUFs, not to companies or firms.
What is the holding period to claim Section 54?
The residential house you sell must be a long-term capital asset — held for more than 24 months from the date of acquisition. If held for 24 months or less the gain is short-term and Section 54 is not available.
Who can claim Section 54 exemption?
Only individuals and Hindu Undivided Families (HUFs). Companies, LLPs and partnership firms cannot claim Section 54. The exemption is for the seller who reinvests the gain in a residential house in their own name.
Does the Income-tax Act 2025 change Section 54?
The Income-tax Act, 2025 (effective from AY 2026-27) renumbers many sections but retains the same conditions for the residential-house capital-gains exemption. Returns, tax software and case law still refer to it as Section 54, so that remains the reference to use.
Time limits
What is the time limit to buy the new house under Section 54?
You must purchase the new residential house within 1 year before or 2 years after the date of transfer (sale) of the original house. Buying within one year prior to the sale also qualifies.
What is the time limit for constructing a new house under Section 54?
Construction of the new house must be completed within 3 years from the date of sale of the original property. Merely starting construction is not enough — completion within 3 years is required. Keep the completion certificate, electricity connection and possession proof.
CGAS
What is the Capital Gains Account Scheme (CGAS) and when do I need it?
If you cannot reinvest the capital gain in a new house before your ITR due date, deposit the unused gain amount in a CGAS account with a nationalised bank on or before the due date under Section 139(1). This preserves the Section 54 exemption. Use Form A to open and Form B to withdraw. Any amount not used within 2 years (purchase) or 3 years (construction) becomes taxable in the year the limit expires.
What is the CGAS deposit deadline for FY 2025-26?
On or before the ITR due date under Section 139(1) for the year of sale — usually 31 July 2026 for individuals not requiring audit. The belated/revised-return date does not extend the CGAS deposit deadline.
Two houses & cap
Can I buy two houses under Section 54?
Yes, but only once in your lifetime and only if the long-term capital gain is Rs 2 crore or less. If the LTCG exceeds Rs 2 crore you can claim exemption for only one new house. Once you use the two-house option, you cannot use it again in any future sale.
Is there a maximum limit on the Section 54 exemption?
Yes. From AY 2024-25, the cost of the new residential house considered for the exemption is capped at Rs 10 crore. Any cost above Rs 10 crore is ignored, so the gain attributable to the excess remains taxable at 12.5%.
Rate & tax
What is the LTCG tax rate on a house if I do not claim Section 54?
For sales on or after 23 July 2024, LTCG on land or building is taxed at 12.5% without indexation. For property acquired before 23 July 2024, a resident individual/HUF may instead opt for 20% with indexation if that gives lower tax. Section 54 can exempt the gain under either method.
What happens if I sell the new house within 3 years?
If you sell the new house within 3 years of its purchase or construction, the Section 54 exemption is reversed. For computing capital gains on the new house, its cost of acquisition is reduced by the exemption earlier claimed, which increases the taxable gain on that later sale.
NRIs & special
Is Section 54 available to NRIs selling property in India?
Yes. An NRI can claim Section 54 by reinvesting the gain in a new residential house in India. The buyer generally deducts TDS under Section 195 on the sale, so the NRI files an ITR to claim the exemption and any refund of excess TDS. CGAS can be used to park unused gains before the due date.
What is the difference between Section 54 and Section 54F?
Section 54 applies when you sell a residential house and reinvest the capital gain in another house. Section 54F applies when you sell any other long-term asset (shares, plot, gold, commercial property) and reinvest the entire net sale proceeds in a residential house; the exemption is proportionate and you must not own more than one other house. Both share the Rs 10 crore new-house cap.
Can Section 54 and 54EC be claimed together?
Yes. You can reinvest part of the gain in a new house under Section 54 and invest the balance (up to Rs 50 lakh) in NHAI/REC bonds under Section 54EC within 6 months of sale, combining both to fully exempt the gain.
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