Article discusses about Basic conditions, Amount of exemption, Consequences if the new house is transferred, Computation of capital gains for the financial year 2016-17, Capital Gain Deposit Account Scheme, Non-utilisation of amount deposited in Capital Gain Deposit Account Scheme.

Introduction

A person wanted to shift his residence due to certain reason, hence, he sold his old house and from the sale proceeds he purchased another house. In this case the objective of the seller was not to earn income by sale of old house but to acquire another suitable house. If in this case the seller was liable to pay income-tax on capital gains arising on sale of old house, then it would be a hardship on him. Section 54 gives relief from such a hardship. Section 54 gives relief to a taxpayer who sells his residential house and from the sale proceeds he acquires another residential house. The detailed provisions in this regard are discussed in this part.

Basic conditions

Following conditions should be satisfied to claim the benefit of section 54.

  • The benefit of section 54 is available only to an individual or HUF.
  • The asset transferred should be a long-term capital asset, being a residential house property.
  • Within a period of one year before or two years after the date of transfer of old house, the taxpayer should acquire another residential house or should construct a residential house within a period of three years from the date of transfer of the old house. In case of compulsory acquisition the period of acquisition or construction will be determined from the date of receipt of compensation (whether original or additional).

With effect from assessment year 2015-16 exemption can be claimed only in respect of one residential house property purchased/constructed in India. If more than one house is purchased or constructed, then exemption under section 54 will be available in respect of one house only. No exemption can be claimed in respect of house purchased outside India.

Illustration

Mr. Raja purchased a residential house in April, 2012 and sold the same in April 2017 for Rs. 8,40,000. Capital gain arising on sale of the house amounted to Rs. 1,00,000. Can he claim benefit of section 54 by purchasing/constructing another residential house from the capital gain of Rs. 1,00,000?

**

Exemption under section 54 can be claimed in respect of capital gains arising on transfer of capital asset, ‘being long-term residential house property. This benefit is available only to an individual or HUF. In this case, all the conditions as provided in section 54 are satisfied and hence, Mr. Raja can claim the benefit of section 54 by purchasing/constructing a residential house within the time-limit as provided under section 54.

Illustration

Mr. Raj purchased a residential house in April, 2016 and sold the same in April, 2017 for Rs. 8,40,000. Capital gain arising on sale of house amounted to Rs. 1,00,000. Can he claim benefit of section 54 by purchasing/constructing another residential house from the capital gain of Rs. 1,00,000?

**

Exemption under section 54 can be claimed in respect of capital gains arising on transfer of capital asset, being long-term residential house property. With effect from assessment year 2018-19, the period of holding in case of immovable property, being land or building or both, is reduced from 36 months to 24 months, to qualify as long-term capital asset. In this case the house property is sold after holding it for a period of less than 24 months and, hence, it is a short-term capital asset. The benefit of section 54 is not available in respect of a short-term capital asset and, hence, in this case Mr. Raj cannot claim the benefit of section 54.

Illustration

Kumar HUF purchased a residential house in April, 2012 and sold the same in April, 2017 for Rs. 8,40,000. Capital gain arising on sale of house property amounted to Rs. 1,00,000. Can the HUF claim the benefit of section 54 by purchasing a new house from the capital gain of Rs. 1,00,000?

**

Exemption under section 54 can be claimed in respect of capital gains arising on transfer of capital asset, being long-term residential house property. This benefit is available only to an individual or HUF. In this case all the conditions as provided in section 54 are satisfied and, hence, Kumar HUF can claim the benefit of section 54 by purchasing/constructing a residential house within the time-limit as provided under section 54.

Illustration

Kapoor HUF purchased a residential house in April, 2016 and sold the same in April, 2017 for Rs. 8,40,000. Capital gain arising on sale of house amounted to Rs. 1,00,000. Can the HUF claim the benefit of section 54 by purchasing/constructing another house from the capital gain of Rs. 1,00,000?

**

Exemption under section 54 can be claimed in respect of capital gains arising on transfer of capital asset, being long- term residential house property. With effect from assessment year 2018-19, the period of holding in case of immovable property, being land or building or both, is reduced from 36 months to 24 months, to qualify as long-term capital asset. This benefit is available only to an individual or HUF. In this case the house property is sold after holding it for a period of less than 24 months and, hence, it is a short-term capital asset. The benefit of section 54 is not available in respect of a short-term capital asset and, hence, in this case Kapoor HUF cannot claim the benefit of section 54.

Illustration

Mr. Raja purchased a residential house in April, 2012 and sold the same in April, 2017 for Rs. 8,40,000. Capital gain arising on sale of house amounted to Rs. 1,00,000. Can he claim the benefit of section 54 by purchasing a plot of land and then constructing a new house from the capital gain of Rs. 1,00,000?

**

Exemption under section 54 can be claimed in respect of capital gains arising on transfer of capital asset, being long-term residential house property. This benefit is available only to an individual or HUF. The benefit can be claimed by purchasing or by constructing a residential house. In this case, all the conditions as provided in section 54 are satisfied and, hence, Mr. Raja can claim the benefit of section 54 by constructing a residential house on the plot purchased by him within the time-limit as provided under section 54.

Illustration

Mr. Kumar purchased gold in April, 2012 and sold the same in April, 2017 for Rs. 8,40,000. Capital gain arising on sale of gold amounted to Rs. 1,00,000. Can he claim the benefit of section 54 by purchasing/constructing a house from the capital gain of Rs. 1,00,000?

**

Exemption under section 54 can be claimed in respect of capital gains arising on transfer of a capital asset, being long-term residential house property. In this case, the capital asset is gold, i.e., other than residential house and, hence, the benefit of section 54 is not available. However, in this case benefit can be claimed under section 54F subject to certain conditions as defined in that provision.

Illustration

Mr. Raja purchased a residential house in April, 2012 and sold the same in April, 2017 for Rs. 8,40,000. Capital gain arising on sale of house amounted to Rs. 1,00,000. Can he claim the benefit of section 54 by purchasing a shop from the capital gain of Rs. 1,00,000?

**

Exemption under section 54 can be claimed in respect of capital gains arising on transfer of a capital asset, being long-term residential house property. This benefit is available if another residential house is purchased form the capital gains. In other words, the benefit of section 54 is available if the capital gain arising on transfer of residential house is invested in another residential house. The benefit of section 54 is not available if the capital gain arising on transfer of house is invested in capital asset other than a residential house. In this case Mr. Raja wants to purchase a shop (i.e., capital asset other than a residential house) and, hence, the benefit of section 54 is not available.

Illustration

Mr. Parekh purchased a residential house in April, 2012 and sold the same on 25th April, 2017, for Rs. 8,40,000. Capital gain arising on sale of house amounted to Rs. 1,00,000. He had purchased a residential house in December, 2016 for Rs. 5,00,000. Can he claim the benefit of section 54 in respect of the house purchased in December, 2016?

**

Exemption under section 54 can be claimed in respect of capital gains arising on transfer of capital asset, being long-term residential house property. To claim exemption under section 54, another house should be purchased within a period of one year before or two years after the date of transfer of house. In this case the old house was transferred in April, 2017, hence, any house purchased within a period of 1 year before 25th April, 2017 i.e. on or after 26th April, 2016 can qualify for exemption under section 54. Hence, house purchased in December, 2016 will qualify for exemption under section 54.

Amount of exemption

Exemption under section 54 will be lower of following :

  • Amount of capital gains arising on transfer of residential house; or
  • Amount invested in purchase/construction of new residential house property [including the amount deposited in Capital Gains Deposit Account Scheme (discussed later)].

Illustration

Mr. Raja purchased a residential house in April, 2012 and sold the same on 25th April, 2017 for Rs. 8,40,000. Capital gain arising on sale of house amounted to Rs. 1,00,000. Out of the sale proceeds of old house, he purchased another residential house for Rs. 80,000. This house was purchased in May, 2017. What will be the amount of exemption under section 54 which can be claimed by Mr. Raja?

**

Exemption under section 54 can be claimed in respect of capital gains arising on transfer of capital asset, being long-term residential house property. Exemption under section 54 will be lower of following :

  • Amount of capital gains arising on transfer of residential house; or
  • Amount invested in purchase/construction of new residential house property

Considering the above provisions, the exemption in this case will be lower of the following amount :

  • Amount of capital gain, i.e., Rs. 1,00,000.
  • Amount of investment in new house, i.e., Rs. 80,000

Thus, exemption will be Rs. 80,000. Taxable capital gain will come to Rs. 20,000 (Rs. 1,00,000less exemption under section 54 of Rs. 80,000).

Illustration

Mr. Kapoor purchased a residential house in April, 2012 and sold the same on 25th April, 2016 for Rs. 8,40,000. Capital gain arising on sale of house amounted to Rs. 1,00,000. Out of the sale proceeds of old house, he purchased another residential house for Rs. 1,20,000. This house was purchased in May, 2017. What will be the amount of exemption under section 54 which can be claimed by Mr. Kapoor?

**

Exemption under section 54 can be claimed in respect of capital gains arising on transfer of capital asset, being long-term residential house property. Exemption under section 54 will be lower of following :

  • Amount of capital gains arising on transfer of residential house; or
  • Amount invested in new residential house property

Considering the above provisions, the exemption in this case will be lower of the following amount :

  • Amount of capital gain, i.e., Rs. 1,00,000.
  • Amount of investment in new house, i.e., Rs. 1,20,000 Thus, exemption will be Rs. 1,00,000.

Taxable capital gain will come to Nil (entire gain will be exempt).
Consequences if the new house is transferred

Exemption under section 54 is available in respect of rollover of capital gains arising on transfer of residential house into another residential house. However, to keep a check on misutilisation of this benefit, a restriction is inserted in section 54. The restriction is in the form of prohibition of sale of the new house.

If a taxpayer purchases/constructs a house and claims exemption under section 54 and then transfers the new house within a period of 3 years from the date of its acquisition/completion of construction, then the benefit granted under section 54 will be withdrawn. The ultimate impact of the restriction is as follows:

  • The restriction will be attracted, if after claiming exemption under section 54, the new house is sold before a period of 3 years from the date of its purchase/completion of construction.
  • If the new house is sold before a period of 3 years from the date of its purchase/completion of construction, then at the time of computation of capital gain arising on transfer of the new house, the amount of capital gain claimed as exempt under section 54 will be deducted from the cost of acquisition of the new house.

Illustration

Mr. Rajat sold his old house in April, 2016 for Rs. 25,20,000. Long-term capital gain arising on transfer of old house amounted to Rs. 8,40,000. In December, 2016 he purchased another residential house worth Rs. 10,00,000. The new house was however, sold in April, 2017 for Rs. 12,00,000 (stamp duty value of the new house was Rs. 10,00,000). What will be amount of taxable capital gains in the hands of Mr. Rajat for the financial years 2016-17 and 2017-18?

Computation of capital gains for the financial year 2016-17

Particulars Rs.
Long-term capital gain arising on transfer of old house 8,40,000
Less: Exemption under section 54 (*) 8,40,000
Taxable long-term capital gains Nil

(*) Exemption under section 54 will be lower of following :

  • Amount of capital gains arising on transfer of residential house; or
  • Investment in new residential house property

Considering the above provisions, the exemption in this case will be lower of the following amount :

  • Amount of capital gain, i.e., Rs. 8,40,000.
  • Amount of investment in new house, i.e,. Rs. 10,00,000

Thus, exemption will be Rs. 8,40,000.

Computation of capital gains for the financial year 2017-18

If a taxpayer purchases/constructs a house and claims exemption under section 54 and then the new residential house property is transferred within a period of 3 years from the date of its acquisition/completion of construction, then the benefit granted under section 54 will be withdrawn. The computation in this case will be as follows :

Particulars Rs.
Full value of consideration (i.e., Sales value) 12,00,000
Less: Expenditure incurred wholly and exclusively in connection with transfer of capital asset (E.g., brokerage, etc.). Nil
Net sale consideration 12,00,000
Less: Cost of acquisition of the house (*) 1,60,000
Taxable short- term capital gains on sale of new house 10,40,000

(*) If the new house is sold before a period of 3 years from the date of its purchase/completion of construction, then at the time of computation of capital gain arising on transfer of the new house, the amount of capital gain claimed as exemption under section 54 will be deducted from the cost of acquisition of the new house. Applying this provision, the cost of acquisition of new house will be computed as follows:

Particulars Rs.
Actual cost of acquisition of new house 10,00,000
Less: Exemption claimed earlier under section 54 8,40,000
Cost of new house to be used while computing capital gain 1,60,000

Illustration

Mr. Rajat sold his old house in April, 2016 for Rs. 25,20,000. Long- term capital gain arising on transfer of old house amounted to Rs. 8,40,000. In December, 2016 he purchased another residential house worth Rs. 5,00,000. The new house was however, sold in April, 2017 for Rs. 12,00,000 (stamp duty value of the new house was Rs. 10,00,000). What will be amount of taxable capital gains in the hands of Mr. Rajat for the financial years 2016-17 and 2017-18?

**

Computation of capital gains for the financial year 2016-17

Particulars Rs.
Long- term capital gain arising on transfer of old house 8,40,000
Less: Exemption under section 54 (*) 5,00,000
Taxable long- term capital gains 3,40,000

(*) Exemption under section 54 will be lower of following :

  • Amount of capital gains arising on transfer of residential house, or
  • Investment in new residential house property

Considering the above provisions, the exemption in this case will be lower of the following amount :

  • Amount of capital gain, i.e., Rs. 8,40,000.
  • Amount of investment in new house, i.e., Rs. 5,00,000

Thus, exemption will be Rs. 5,00,000.

Computation of capital gains for the financial year 2017-18

If a taxpayer purchases/constructs a house and claims exemption under section 54 and then the new residential house property is transferred within a period of 3 years from the date of its acquisition/completion of construction, then the benefit granted under section 54 will be withdrawn. The computation in this case will be as follows :

Particulars Rs.
Full value of consideration (i.e., Sales value) 12,00,000
Less: Expenditure incurred wholly and exclusively in connection with transfer of capital asset (E.g., brokerage, etc.). Nil
Net sale consideration 12,00,000
Less: Cost of acquisition (*) Nil
Taxable short- term capital gains on sale of new house 12,00,000

(*) If the new house is sold before a period of 3 years from the date of its purchase/completion of construction, then at the time of computation of capital gain arising on transfer of the new house, the amount of capital gain claimed as exemption under section 54 will be deducted from the cost of acquisition of the new house. Applying this provision, the cost of acquisition of new house will be computed as follows:

Particulars Rs.
Actual cost of acquisition of new house * 5,00,000
Less: Exemption claimed earlier under section 54 5,00,000
Cost of new house to be used while computing capital gain Nil

Capital Gain Deposit Account Scheme

To claim exemption under section 54, the taxpayer should purchase another house within a period of one year before or two years after the date of transfer of old house or should construct another house within a period of three years from the date of transfer. If till the date of filing the return of income, the capital gain arising on transfer of the house is not utilised (in whole or in part) to purchase or construct another house, then the benefit of exemption can be availed by depositing the unutilised amount in Capital Gains Deposit Account Scheme in any branch of public sector bank, in accordance with Capital Gains Deposit Accounts Scheme, 1988 (hereafter referred as Capital Gains Account Scheme). The new house can be purchased or constructed by withdrawing the amount from the said account within the specified time-limit of 2 years or3 years, as the case may be.

Illustration

Mr. Raj is a salaried employee. He had purchased a residential house in April, 2012 and sold the same on 25th April, 2017 for Rs. 8,40,000. Capital gain arising on sale of house amounted to Rs. 2,00,000. He wants to claim exemption under section 54 by purchasing another residential house. By what time he should purchase or construct another residential house?

**

To claim exemption under section 54, the taxpayer should purchase another house within a period of one year before or two years after the date of transfer of old house. In this case, the old house is transferred on 25th April, 2017, hence, he has to purchase another house within a period of 2 years from 25th April, 2017; alternatively he can construct another house within a period of 3 years from 25th April, 2017.

The old house is transferred in the year 2017-18 and the due date of filing the return of income of the year 2017-18 is 31st July, 2018. If Mr. Raj cannot purchase/construct another house by 31st July, 2018, then he has to deposit Rs. 2,00,000 in Capital Gains Account Scheme. By depositing Rs. 2,00,000 in the Capital Gains Account Scheme he can claim exemption of Rs. 2,00,000 under section 54. However, merely depositing the sum in the Capital Gains Account Scheme would not be sufficient; after deposit in the scheme he has to utilise this fund to purchase/construct the house within the specified period of 2 years/3 years, as the case may be.

Illustration

Mr. Rajan is a salaried employee. He had purchased a residential house in April, 2012 and sold the same on 25th, April, 2017 for Rs. 18,40,000. Capital gain arising on sale of house amounted to Rs. 4,00,000. He could not purchase/construct another house by 31st July, 2018, however, in July, 2018 he deposited Rs. 4,00,000 in Capital Gains Account Scheme. Will he be entitled to claim any exemption under section 54?

**

To claim exemption under section 54, the taxpayer should purchase a residential house within a period of one year before or two years after the date of transfer of old house or can construct a house within a period of three years from the date of transfer. In this case, the old house was transferred on 25th April, 2017, hence, he has to purchase another house within a period of 2 years from 25th April, 2017. Alternatively, he can construct another house within a period of 3 years from 25th April, 2017.

The old house is transferred in the year 2017-18 and the due date of filing the return of income of the year 2017-18 is 31st July, 2018. If Mr. Rajan can not purchase/construct another house by 31st July, 2018, then he has to deposit Rs. 4,00,000 in Capital Gains Account Scheme. By depositing Rs. 4,00,000 in the Capital Gains Account Scheme he can claim exemption of Rs. 4,00,000 under section 54. In this case, he has deposited Rs. 4,00,000 in the Capital Gains Account Scheme and, hence, he can claim exemption of Rs. 4,00,000 under section 54.To continue the exemption he has to utilize the funds deposited in the scheme to purchased/construct the house within the specified period of 2 years/3 years, as the case may be.

Illustration

Mr. Vipul is a salaried employee. He had purchased a residential house in April, 2012 and sold the same on 25th April, 2017 for Rs. 18,40,000. Capital gain arising on sale of house amounted to Rs. 4,00,000. He could not purchase/construct another house by 31st July, 2018, however, in October, 2018 he deposited Rs. 4,00,000 in Capital Gains Account Scheme. Will he be entitled to claim any exemption under section 54?

**

To claim exemption under section 54 the taxpayer should purchase a residential house within a period of one year before or two years after the date of transfer of old house or can construct a house within a period of three years from the date of transfer. In this case, the old house was transferred on 25th April, 2017, hence, he has to purchase another house within a period of 2 years from 25th April, 2017. Alternatively he can construct another house within a period of 3 years from 25th April, 2017.

The old house was transferred in the year 2017-18 and the due date of filing the return of income of the year 2017-18 is 31st July 2017. If Mr. Vipul cannot purchase/construct another house by 31st July, 2018, then he has to deposit Rs. 4,00,000 in Capital Gains Account Scheme by 31st July, 2018 (i.e., by the due date of filing the return of income). The amount deposited in the Capital Gains Account Scheme till 31st July, 2018 will be taken into account to ascertain the exemption under section 54.

In this case, Mr. Vipul has deposited Rs. 4,00,000 in Capital Gains Account Scheme, but has deposited in October, 2018 (i.e., after 31st July) and, hence, he cannot claim exemption in respect of the amount deposited in the scheme. Thus, exemption under section 54 will be Nil.

Non-utilisation of amount deposited in Capital Gain Deposit Account Scheme

If the amount deposited in the Capital Gains Account Scheme in respect of which the taxpayer has claimed exemption under section 54 is not utilised within the specified period for purchase/construction of the residential house, then the unutilised amount (for which exemption is claimed) will be taxed as income by way of long- term capital gains of the year in which the specified period of 2 years/3 years gets over.

Illustration

Mr. Ramlal is a salaried employee. He had purchased a residential house in April, 2012 and sold the same on 25th April, 2017 for Rs. 25,20,000. Capital gain arising on sale of house amounted to Rs. 5,00,000. He could not purchase/construct another house by 31st July, 2018, however, in July, 2018 he deposited Rs. 5,00,000 in Capital Gains Account Scheme. He did not purchase any residential house nor constructed any house till 24th April, 2020. Will he be entitled to claim any exemption under section 54? If yes, will the exemption granted be revoked subsequently?

**

To claim exemption under section 54, the taxpayer should purchase a residential house within a period of one year before or two years after the date of transfer of old house or can construct a house within a period of three years from the date of transfer. In this case, the old house was transferred on 25th April, 2017, hence, he has to purchase another house within a period of 2 years from 25th April, 2017. Alternatively, he can construct another house within a period of 3 years from 25th April, 2017.

The old house was transferred in the year 2017-18 and the due date of filing the return of income of the year 2017-18 is 31st July, 2018. If Mr. Ranmal cannot purchase/construct another house by 31st July 2018, then he has to deposit Rs. 5,00,000 in Capital Gains Account Scheme. By depositing Rs. 5,00,000 in the Capital Gains Account Scheme he can claim exemption of Rs. 5,00,000 under section 54. In this case, he has deposited Rs. 5,00,000 in the Capital Gains Account Scheme and, hence, he can claim exemption of Rs. 5,00,000 under section 54. In other words, exemption under section 54 for the year 2017­18 will come to Rs. 5,00,000.

He has to utilise the funds deposited in the scheme to purchase/construct the house within the specified period of 2 years/3 years. If he does not purchase/construct the house within a period of 2 years/3 years, then the amount (for which exemption is claimed) will be taxed as income by way of long-term capital gains of the year in which the specified period gets over.

In this case the period of 2 years gets over on 24th April, 2019 and the period of 3 years gets over on 24th April, 2020. Mr. Ranmal has not purchased any house till 24th April, 2019 nor constructed any house till 24th April, 2019, hence, the exemption of Rs. 5,00,000 allowed in the year 2017-18 will be revoked and will be taxed as income by way of long- term capital gains for the financial year 2020-21.

Illustration

Mr. Khush is a salaried employee. He had purchased a residential house in April, 2011 and sold the same on 25th April, 2017 for Rs. 25,20,000. Capital gain arising on sale of house amounted to Rs. 5,00,000. He could not purchase/construct another house by 31st July, 2018, however, in July, 2018 he deposited Rs. 5,00,000 in Capital Gains Account Scheme. In January, 2019, he withdrew Rs. 4,00,000 from the Capital Gains Account Scheme and purchased a residential house. Thereafter, he did not purchase any residential house nor constructed any house till 24th April, 2020. Will he be entitled to claim any exemption under section 54? If yes, will the exemption granted be revoked subsequently?

**

To claim exemption under section 54, the taxpayer should purchase a residential house within a period of one year before or two years from the date of transfer of old house or can construct a house within a period of three years from the date of transfer. In this case, the old house was transferred on 25th April, 2017, hence, he has to purchase another house within a period of 2 years from 25th April, 2017. Alternatively, he can construct another house within a period of 3 years from 25th April, 2017.

The old house was transferred in the year 2017-18 and the due date of filing the return of income of the year 2017-18 is 31st July 2018. If Mr. Khush cannot purchase/construct another house by 31st July 2018, then he has to deposit Rs. 5,00,000 in Capital Gains Account Scheme. By depositing Rs. 5,00,000 in the Capital Gains Account Scheme he can claim exemption of Rs. 5,00,000 under section 54. In this case, he has deposited Rs. 5,00,000 in the Capital Gains Account Scheme and, hence, he can claim exemption of Rs. 5,00,000 under section 54. In other words, exemption under section 54 for the year 2017­18 will come to Rs. 5,00,000.

He has to utilise the amount deposited in the scheme (i.e., Rs. 5,00,000) to purchase/construct the house within the specified period of 2 years/3 years. If he does not purchase/construct the house within a period of 2 years/3 years, then the unutilised amount (for which exemption is claimed) will be taxed as income by way of long- term capital gains of the year in which the specified period gets over.

In this case the period of 2 years gets over on 24th April, 2019 and the period of 3 years gets over on 24th April, 2020. Hence, Mr. Khush has to purchase a residential house of Rs. 5,00,000 upto 24th April, 2019. Since he has utilized only Rs. 4,00,000 for purchase of a house property in January, 2019 and Section 54 allows exemptions for investment in one house only. The unutilised amount of Rs. 1,00,000 will be taxed as income by way of long- term capital gains in the year of expiry of the specified period.

In other words, the exemption of Rs. 1,00,000 (representing unutilised amount) allowed in the year 2017-18 will be revoked and will be taxed as income by way of long-term capital gains for the year 2020-21.

Illustration

Mr. Raju is a salaried employee. He had purchased a residential house in April, 2012 and sold the same on 25th April, 2017 for Rs. 18,40,000. Capital gain arising on sale of house amounted to Rs. 3,00,000. He could not purchase/construct another house by 31st July, 2018, however, in July, 2018 he deposited Rs. 5,00,000 in Capital Gains Account Scheme. He did not purchase any residential house nor constructed any house till 24th April, 2020. Will he be entitled to claim any exemption under section 54? If yes, will the exemption granted be revoked subsequently?

**

To claim exemption under section 54, the taxpayer should purchase a residential house within a period of one year before or two years after the date of transfer of old house or can construct a house within a period of three years from the date of transfer. In this case the old house was transferred on 25th April, 2017, hence, he has to purchase another house within a period of 2 years from 25th April, 2017. Alternatively, he can construct another house within a period of 3 years from 25th April, 2017.

The old house was transferred in the year 2017-18 and the due date of filing the return of income of the year 2017-18 is 31st July 2018. If Mr. Rajucannot purchase/construct another house by 31st July 2018, then he has to deposit Rs. 3,00,000 in Capital Gains Account Scheme. By depositing Rs. 3,00,000 in the Capital Gains Account Scheme he can claim exemption of Rs. 3,00,000 under section 54. In this case he has deposited more amount, i.e., Rs. 5,00,000 in the Capital Gains Account Scheme, however, he will be entitled to claim exemption only on Rs. 3,00,000. In other words, exemption under section 54 for the financial year 2017-18 will be Rs. 3,00,000.

He has to utilise the funds deposited in the scheme to purchase/construct the house within the specified period of 2 years/3 years. If he does not purchase/construct the house within a period of 2 years/3 years, then the amount (for which exemption is claimed) will be taxed as income by way of long-term capital gains of the year in which the specified period gets over.

In this case the period of 2 years gets over on 24th April, 2018 and the period of 3 years gets over on 24th April, 2020. Mr. Raju has not purchased any house till 24th April, 2019 nor constructed any house till 24th April, 2020. Hence, the exemption of Rs. 3,00,000 allowed in the year 2017-18 will be revoked and will be taxed as income by way of long – term capital gains for the financial year 2020-21.

Illustration

Mr. Vipul is a salaried employee. He had purchased a residential house in April, 2012 and sold the same on 25th April, 2017 for Rs. 28,40,000. Capital gain arising on sale of house amounted to Rs. 6,00,000. He could not purchase/construct another house by 31st July, 2018, however, in July, 2018 he deposited Rs. 6,00,000 in Capital Gains Account Scheme. In April, 2019 he withdrew Rs. 6,00,000 from the scheme and purchased a car from the said amount. Will he be entitled to claim any exemption under section 54? If yes, will the exemption granted be revoked subsequently?

**

To claim exemption under section 54, the taxpayer should purchase a residential house within a period of one year before or two years after the date of transfer of old house or can construct a house within a period of three years from the date of transfer. In this case the old house was transferred on 25th April, 2017, hence, he has to purchase another house within a period of 2 years from 25th April, 2017. Alternatively, he can construct another house within a period of 3 years from 25th April, 2017.

The old house was transferred in the year 2017-18 and the due date of filing the return of income of the year 2017-18 is 31st July 2018. If Mr. Vipulcannot purchase/construct another house by 31st July 2018, then he has to deposit Rs. 6,00,000 in Capital Gains Account Scheme. By depositing Rs. 6,00,000 in the Capital Gains Account Scheme he can claim exemption of Rs. 6,00,000 under section 54. In this case he has deposited Rs. 6,00,000 in the Capital Gains Account Scheme and, hence, will be entitled to claim exemption only of Rs. 6,00,000. In other words, exemption under section 54 for the year 2017-18 will come to Rs. 6,00,000.

He has to utilise the funds deposited in the scheme to purchase/construct the house within the specified period of 2 years/3 years. The amount withdrawn from the scheme should be used to purchase/construct residential house. If the amount withdrawn from the scheme is used for any other purpose then it will be charged to tax as income by way of long-term capital gain of the year of withdrawal.

In this case Mr. Vipul has withdrawn Rs. 6,00,000 from the scheme. Thus, he should purchase/construct a residential house worth Rs. 6,00,000 in the year of withdrawal. However, he had utilised the said amount to purchase a car and, hence, Rs. 6,00,000 will be charged to tax as income by way of long-term capital gains of the year of withdrawal, i.e., financial year 2019-20.

Source- Income Tax Act, Rules and http://www.incometaxindia.gov.in/

Republished with amendment.

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11 responses to “Section 54- Exemption from Capital Gain arising on Transfer of House”

  1. Manoj says:

    If I construct one floor above existing property from the capital gain, will it be exempted?

  2. Aarif Patel says:

    Dividend received from bank it is taxable or not?

  3. KUSHAL KAD says:

    I SOLD INDUSTRIAL PLOT. CAN I SAVE LONG TERM CAPITAL GAIN BY INVESTING IN NEW INDUSTRIAL PLOT OR COMMERCIAL OFFICE FOR IT INDUSTRY USE . IS THEIR ANY OTHER OPTION OTHER THAN NEW HOUSE OR CAPITAL GAIN BOND FOR MAX 50 LACKS. PL. REPLY

  4. shailesh prajapati says:

    respected friends, if i have three houses and among it i have sold one house and within three months i purchased another one house …so can i get deduction u/s 54 on purchased of new house even if i had alredy existing two houses…m waiting

  5. Ajinkya says:

    As long as the father builds a HP for residential purpose in India it is fine.

  6. prashanth says:

    Hi! please let me know if a father sells his residential house and wishes to build new house at his sons site what will be the implication

    • Ibnsuleman says:

      I sold agricultural land and bought a flat in Mumbai and got capital gains tax made nil.Now after 7years if I sell that flat now, will it once again attract capital gains tax if I have a profit?

    • Ibnsuleman says:

      Will the calculations to work out capital gains tax and to decide what price of flat to buy this time will be same as was done first time?

  7. Ashwini says:

    What will happen if I already own a residential house and a new residential house is bounght? Will I qualify to get the deduction/ xemption?

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