• Sale and Purchase of House Property

My queries are as follows:
Mr. V owns one residential house in Puducherry. He is also co-owner in two residential houses in Maharashtra, and co-owner in two residential houses in Karnataka. The co-owners are: 1. Wife in case of one house property in Maharashtra;2. Mother and sister in case of one house property in Maharashtra and two house properties in Karnataka.
Query 1
If Mr. V sells the residential house, of which he is the sole owner, in Puducherry and invests the proceeds in a new residential house in Karnataka within the period stipulated in Section 54 of the I.T. Act, can he claim exemption from capital gains tax?
Query 2
In addition to the above, if the Mr. V and the co-owners of the other properties in Karnataka and Maharashtra sell the house properties, and Mr. V invests his share of the sale proceeds of the houses, together with the sale proceeds of the house property in Puducherry owned solely by him, and invests the total proceeds in one residential house in Karnataka, can he claim exemption from capital gains tax under section 54 and/or Section 54F of the I.T. Act?
Query 3
If one or more of the co-owners of the residential houses in Maharashtra/Karnataka join Mr. V in investing their share of the sale proceeds of the co-owned houses in one residential house in Karnataka, will the co-owners, together with Mr. V, be exempt from capital gains tax under Section 54 and/or section 54F of the I. T. Act?
In this connection, reference may be made to the I.T.A.T ruling reported at page 1 (continued on page 5) of the Sunday Times of India, Bengaluru edition, dated June 11, 2023.
Asked 1 year ago in Capital Gains Tax

Exemption of capital gain tax on sale of residential house property is available u/s 54. If the capital gain amount does not exceed Rs. 2 Cr then you can invest in two residential house properties. This option is available only once in a lifetime. From 01.04.2023, exemption of long term capital gain u/s 54 is restricted to Rs. 10 cr

 

Query 1

Yes 

Query 2

Yes u/s 54

Query 3

Yes u/s 54 subject to the long term capital gain earned by each owner

 

For detailed discussion you may opt for phone consultation

Vivek Kumar Arora
CA, Delhi
4950 Answers
1105 Consultations

Query 1:

Yes he can claim exemption as there is no restriction of number of houses in Section 54 of the Act.

 

Query 2:

There is no restriction on investing the proceeds of multiple house property on 1 house property so I think Mr. V can definitely do that and exemption would be claimed under 54 and not 54F.

 

Query 3:

 Yes the co-owners can again purchase house together and they will get deduction according to their investment.

 

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

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