Summary: The sale of property in India has significant income tax implications, primarily involving capital gains tax. The tax liability depends on the holding period, residential status, and type of property sold. Short-term capital gains (STCG) apply if the property is held for 24 months or less and are taxed at the seller’s slab rate. Long-term capital gains (LTCG) apply for holding periods exceeding 24 months and are taxed at 12.5% without indexation or 20% with indexation if purchased before July 23, 2023. Exemptions for LTCG under Sections 54, Section 54EC, and Section 54F are available for reinvestment in residential property or specified bonds within defined timelines. The maximum exemption is capped at ₹10 crores post Budget 2023. TDS obligations arise for buyers if the property value exceeds ₹50 lakh, with 1% deduction for residents and 20% for non-residents. For non-residents, capital gains are taxed at 20% for LTCG and as per slab rates for STCG. Stamp duty valuation is deemed as the sale price if higher than the actual consideration.
Introduction: The sale of property in India has tax implications which depend on various factors like the type of property, holding period, and the residential status of the seller. Basically it attracts capital gains tax. Following is an overview:
- Nature of Capital Gains
Holding period i.e. ownership period of property determines the nature of capital gains
- Short-term Capital Gains (STCG): If the property is held for 24 months or less, the gains are treated as STCG and taxed at the applicable slab rate of the seller.
- Long-term Capital Gains (LTCG): If the holding period of property is more than 24 months, the gains are treated as LTCG and taxed at 12.5% without the benefit of indexation. If the property is purchased on or before 22nd July 2023 the seller has option of choosing 20% taxation with indexation benefit. One can choose the more beneficial option between the two. This option is not available for property purchased on or after 23rd July 2023.
- Computation of Capital Gains
Long Term:-
- Full Value of Consideration: The sale price of the property.
- Less: Indexed Cost of Acquisition/Improvement (for LTCG): Cost of acquisition or improvement adjusted for inflation using the cost inflation index (CII). Or Actual cost of acquisition as per option selected
- Less: Expenses on Transfer: Brokerage, legal fees, etc.
- Net Capital Gains: The taxable amount
Short Term:
- Full Value of Consideration: The sale price of the property.
- Less: Actual cost of acquisition
- Less: Expenses on Transfer: Brokerage, legal fees, etc.
Net Capital Gains: The taxable amount
1. Exemptions from Long Term Capital Gains
Following exemptions are available to save on LTCG tax :
- Section 54: Exemption for reinvestment in another residential property within specified period.
- Section 54EC: Investment in bonds of NHAI, REC, etc., within six months of transfer.
- Section 54F: Applicable for sale of assets other than residential property if proceeds are invested in a residential house.
The specified period for Section 54 and 54F is 1 year before the date of sale/transfer or 2 years after the date of sale/transfer in case of house is purchased. In case the seller is constructing a house, the seller has an extended time, i.e. the seller will have to construct the residential house within 3 years from the date of sale/transfer.
Note: The exemption u/s 54 and 54F can be claimed maximum up to 10 crores as per amendments brought in by the Budget 2023
2. TDS (Tax Deducted at Source) Applicability
- The buyer must deduct 1% TDS under Section 194-IA if property value exceeds ₹50 lakh
- For non-resident sellers, the TDS rate is 20%
3. Tax Implications for Non-Residents
- Capital Gains from property sale by non-residents are subject to TDS:
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- 20% for LTCG.
- Higher applicable slab rate for STCG.
6. Special Considerations for determination of sales value
- Stamp Duty Valuation: If the sale consideration is less than the stamp duty value, the latter is deemed to be the sale price for tax calculation.
- Joint Ownership: Each co-owner is taxed as per their respective share of the gains.
For tax filing purpose following documents are required to be kept by the seller:
- Sale/ purchase deeds
- Record of improvement costs incurred with receipt
- Receipts of advance received if any for transaction
- If property is purchased before 1-4-2001, its valuation as on 1-4-2001 by a registered valuer
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