• Reinvestment of capital gain under section 54F

As on today A & B jointly own a house in which they currently live
A & B have booked one more residential property with Booking date: 29 Oct 2021, Agreement date: 15 Dec 2021, possession expected within 5 years from booking date
Can LTCG from non residential assets in future be exempted from tax by reinvesting in the under-construction house?
If Yes,under how many years from which date? (Booking date/Agreement date/ Dates of several part payments/Possession date or any other date)?
Asked 2 years ago in Capital Gains Tax

It should be within 3 years from the date of transfer. Date of registration of sale deed is conclusive evidence of date of transfer. Possession date can also be considered as date of transfer.

Vivek Kumar Arora
CA, Delhi
4950 Answers
1105 Consultations

- 3 years from the date of sale deed

- Newly acquired asset should be retained for 3 years

- On the date of transfer you should be the owner of 1 house other than new asset. Also you should not purchase within 2 years or constructs within 3 years any residential house other than the new one from the date of transfer.

 

For detailed discussion you may opt for phone consultation.

Vivek Kumar Arora
CA, Delhi
4950 Answers
1105 Consultations

It will be 3 years from the date of sale. New property should be held for 3 years. You can hold one house property.

Ruchi Goel Anchal
CA, Gurgaon
525 Answers
16 Consultations

Dear Sir,

 

-3 years from date of sale deed would be consider.

-The newly acquired residential asset needs to be held for years.

-Yes, you can hold one house property.

Payal Chhajed
CA, Mumbai
5188 Answers
298 Consultations

You already own 2 houses how will you adjust capital gain from foreign asset by adjusting against under construction property.

 

Do you have possession letter for the under construction property?

Have you registered sale deed?

 

Hope you find the information helpful, if yes do rate if 5 and provide your valuable feedback for my improvement.

Thank you.

Naman Maloo
CA, Jaipur
4292 Answers
101 Consultations

Hi, 

The LTCG can be transferred to under-construction house within 2 years from the date of transfer. The agreement date would be relevant. Newly acquired asset should be retained for 3 years

 

On the date of transfer you should not be the owner of more than 1 house other than new asset. Also you should not purchase within 2 years or constructs within 3 years any residential house other than the new one from the date of transfer.

Prerna Peshori
CA, Pune
199 Answers
12 Consultations

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