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CA Vishnu Ram
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CA Vishnu RamEnlightened
Asked: December 5, 20212021-12-05T14:33:02+05:30 2021-12-05T14:33:02+05:30In: Income Tax

Whats are the same hints for tax shavings on capital gain?

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Whats are the same hints for tax shavings on capital gain?
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    1. CA Sanjiv Kumar Enlightened Chartered Accountant
      2025-04-10T11:27:57+05:30Added an answer on April 10, 2025 at 11:27 am

      Key Sections Providing Exemptions & Benefits A. Section 54 What it covers:Exemption for long-term capital gains arising from the sale of a residential house property, when the gains are reinvested in purchasing or constructing another residential property. Key Conditions: The new residential proRead more

      Key Sections Providing Exemptions & Benefits

      A. Section 54

      • What it covers:
        Exemption for long-term capital gains arising from the sale of a residential house property, when the gains are reinvested in purchasing or constructing another residential property.

      • Key Conditions:

        • The new residential property must be purchased either one year before or two years after the sale (or constructed within three years from the date of sale).

        • The exemption applies to the extent of the capital gains invested.

      B. Section 54EC

      • What it covers:
        Exemption for long-term capital gains (arising from the sale of any asset) if the gains are invested in specified bonds (such as those issued by NHAI or REC) within six months of the asset transfer.

      • Key Conditions:

        • Investment limit is capped at ₹50 lakh per financial year.

        • The bonds have a specified lock-in period (generally three years).

      C. Section 54F

      • What it covers:
        Exemption on long-term capital gains derived from the sale of any asset (other than a residential house property) if the net sale consideration is invested in purchasing a residential house property.

      • Key Conditions:

        • The entire net sale consideration (not just the gain) must be invested.

        • The exemption is proportionate: if only a part of the sale consideration is invested, the exemption is limited accordingly.

      D. Section 55(2)

      • Indexation Benefit:
        For assets held as long-term capital assets, the Act permits the adjustment of the cost of acquisition using the Cost Inflation Index (CII), thereby reducing the taxable capital gain.


      Additional Strategic Hints for Tax Savings

      • Hold Long-Term:
        Assets held for the long term (as defined under the Act) not only qualify for lower tax rates compared to short-term gains but also benefit from indexation (Section 55(2)).
        Tip: Refrain from selling assets before the long-term holding period to take advantage of this benefit.

      • Plan Sale Transactions:
        Consider spreading the sale of assets over multiple financial years. This can help manage the overall taxable income and take advantage of lower tax slabs, especially for individual taxpayers.

      • Documentation & Timely Reinvestment:
        Ensure that reinvestments (as required under Sections 54, 54EC, or 54F) are executed within the prescribed time frames. Maintain all relevant documentation—such as purchase agreements, receipts, and bank statements—to support the claim for exemption during assessment.

      • Review Investment Limits:
        For Section 54EC, be aware of the ₹50 lakh investment ceiling. If your capital gains exceed this amount, plan other strategies for the remaining gains.

      • Utilize Tax Planning Tools:
        Use financial planning tools or consult professionals to estimate the tax impact of a sale and the extent of exemptions available. This preemptive planning helps in optimizing investment decisions.

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