Deduction from Capital Gain on Transfer of Capital Assets other than Residential House Property under Section 54F of Income Tax Act, 1961 to Individual or Hindu Undivided Family (HUF).

Introduction: The realm of tax regulations often appears labyrinthine, especially when it comes to capital gains from property transactions. One such avenue that offers taxpayers a means to reduce their tax liabilities is Section 54F of the Income Tax Act. Specifically designed for individuals and Hindu Undivided Families (HUFs), Section 54F provides a roadmap to trim down taxes on the transfer of capital assets, excluding residential houses. In this comprehensive guide, we embark on a journey through the conditions, time limits, and exemptions under Section 54F, shedding light on the intricate process of claiming deductions on capital gains.

I. Conditions for Section 54F:

1. Nature of Asset: The fundamental condition for availing benefits under Section 54F is that the transferred asset must be a long-term capital asset, excluding residential house property. This exclusion highlights the focus on encouraging investment in properties other than residential houses.

2. New Residential House: To qualify for deductions, the taxpayer must acquire a residential house within a specified time frame. Additionally, the income generated from the new house must be taxable under Section 22. The location of the new house is also critical, with the requirement that it should be situated in India. Simultaneously, the taxpayer should not own more than one taxable residential house (other than the newly acquired one) at the time of the transfer of the original asset.

3. Time Limits for Acquisition: The conditions stipulate two avenues for acquisition: purchase or construction. For purchase, the timeline extends within ‘1 year before or 2 years after the transfer,’ emphasizing the immediacy of reinvestment. In the case of construction, the new residential property must be completed within 3 years after the transfer. While construction may commence at any time, it is imperative to complete it within the stipulated time frame.

II. Scheme of Deposit:

Applicability of the ‘Capital Gains Account Scheme’ enhances the flexibility of managing funds for reinvestment. The scheme provides taxpayers with an avenue to deposit the capital gains in specified accounts until utilized for the purchase or construction of the new residential property. This scheme acts as a facilitator, allowing taxpayers to optimize their financial planning while ensuring compliance with the statutory requirements.

Deduction from Capital Gain

III. Amount of Deduction:

Understanding the quantum of deduction is pivotal for taxpayers aiming to maximize their benefits under Section 54F. As of April 1, 2023, a noteworthy change comes into effect – a cap of Rs. 10 crores on the maximum deduction. Previously, no such limit existed. The exemption amount hinges on whether the taxpayer reinvests the full net consideration or a proportionate part in eligible assets, such as a residential property.

  • When Full Net Consideration is Invested: If the entire net consideration (total value received minus expenditure) is reinvested in the purchase or construction of a residential property within the specified conditions and time frame, the entire long-term capital gain becomes exempt from taxation. In this scenario, the taxpayer can claim a complete exemption on the capital gain.
  • When Proportionate Net Consideration is Invested: If only a proportionate part of the net consideration is reinvested, the exemption amount is calculated using the formula: Exemption = (Long-term capital gain * Amount reinvested) / Net consideration The “Full Value of Consideration” encompasses the total amount received by the taxpayer for transferring the capital asset, including any monetary consideration or value received in kind. On the other hand, “Expenditure” refers to expenses incurred wholly and exclusively in connection with the transfer of the capital asset, such as legal fees, brokerage fees, and other directly related costs.

IV. Revocation of Benefit:

While Section 54F offers substantial benefits, it is crucial for taxpayers to be aware of circumstances that could lead to the revocation of these benefits.

1. Transfer of New House within 3 Years: If the newly acquired residential house is transferred within three years of its acquisition, the benefits availed earlier shall be revoked. In such cases, the revoked income (exemption) becomes taxable as long-term capital gain in the year of the revocation of the condition.

2. Purchase or Construction of Another House within 2/3 Years: If the taxpayer purchases another residential house or constructs one within 2 years or 3 years, respectively, after the date of transfer of the original asset, the benefits availed earlier shall be revoked. The taxable amount in this scenario is calculated based on specific criteria, ensuring that taxpayers adhere to the intended purpose of the section.

3. Tax Point: The time limit for these scenarios shall be determined from the date of transfer of the original asset, even in cases where the asset is compulsorily acquired by the Government.

4. Unutilized Amount in Capital Gains Deposit Account Scheme: If the amount held in the Capital Gains Deposit Account Scheme (1988) remains unutilized, the benefits availed earlier shall be revoked.

V. Circumstances Excluding Exemption:

Section 54F, while offering significant exemptions, has specific scenarios where the benefits are not applicable:

1. Ownership of Multiple Residential Houses: If a taxpayer owns more than one residential house on the date of transferring the long-term asset, they are not eligible for the tax exemption under Section 54F. The section encourages individuals to invest in a single residential house, and owning multiple residential properties disqualifies them from this benefit.

2. Purchase of Another Residential House within One Year: If a taxpayer purchases another residential house within one year from the date of transferring the long-term asset, they are not eligible for the Section 54F exemption. The intent of the section is to provide an opportunity for individuals to acquire a new residential house using the proceeds from the sale of their original asset. Purchasing another residential house within a year goes against this intent.

3. Construction of More than One Residential House within Three Years: If a taxpayer constructs more than one residential house within three years from the date of transferring the long-term asset, they are not eligible for the Section 54F exemption. Similar to the previous point, this provision aims to promote the acquisition of a single residential house through construction or purchase. Constructing multiple houses within the stipulated period does not align with the section’s objectives.

Conclusion: In conclusion, Section 54F emerges as a strategic tool for individuals and HUFs to navigate the tax implications of capital gains on non-residential property sales. By adhering to the conditions, leveraging the specified timeframes, and understanding the nuances of reinvestment, taxpayers can maximize their deductions. However, caution is essential to avoid scenarios that lead to the revocation of benefits, ensuring a smooth and optimized approach to tax planning in property transactions. As taxpayers tread the path of capital gains, a comprehensive understanding of Section 54F becomes paramount for financial planning and minimizing tax liabilities.

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  1. Anil Chavan says:

    I have agriculture land since 1997.Now i want to sell it.How to calculate capital gain.Expected sale amount could be 3 cr.
    kindly advise me.

  2. V G Cyriac says:

    I had sold vacant land for 1cr in March 2022. In December 2021 a residentil house was purchased for 1cr and another one in January2022 for 50 lacs. Both the purchases are with own fund. Whether is it correct to. claim the capital gains on transfer of land fully exempt u/s 54F as the purchse for 1cr house is with in one year of sale and does not own more than one residential hose other than the new asset on the date of tranfer of original asset.?

    1. Anmol Bohra says:

      u/S 54F There is a condition of Buying or construct a house . there is no condition to use the same proceed received from sale of long term assets.

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February 2024