Capital Gains Exemptions under the Income‑tax Act, 1961,

Section 54 – Capital gains from sale of residential property

  • Applies to individuals and HUFs who sell a long‑term residential property (held > 24 months).
  • Exemption is available if capital gains are reinvested in another residential property, purchased within 1 year before or 2 years after sale, or constructed within 3 years.
  • Exemption amount = lower of capital gain or cost of new property, capped at ₹10 crore from AY 2024‑25 onward.
  • If the new house is sold within 3 years, exemption is revoked and previously exempt gains become taxable.
✅ Quick scenario:

Gain ₹35 L; reinvest ₹20 L → exempt ₹20 L, ₹15 L taxable. If reinvest full ₹35 L → full exemption.


Section 54F – Gains from other long‑term assets invested in residential property

  • Applicable to sale of any long‑term asset except residential house (e.g. land, shares, gold), by individuals/HUFs.
  • Entire net sale proceeds must be invested to claim full exemption. If partial, exemption is proportional:
    Exemption = ₹(Cost of new house × Capital gain ÷ Net sale consideration)
  • Conditions include: owning no more than one residential house at sale, and no additional purchases/constructions within 2/3 years.
  • Same ₹10 crore cap applies. Exemption reversed if new house sold within 3 years

Section 54B – Gains from sale of agricultural land

  • Available to individuals/HUFs who sell agricultural land used for farming for ≥ 2 years.
  • Exemption if sale proceeds reinvested in agricultural land within 2 years (or 1 year prior to sale).
  • Exemption amount is lower of gain or investment.
  • If new land sold within 3 years, exemption is revoked proportionately. Must deposit gains under CGAS if reinvestment is delayed.

Section 54EC – Investment in specified bonds

  • Offers exemption on LTCG from immovable property (land/building) by investing in government-backed capital gain bonds (e.g. NHAI, REC) within 6 months of sale.
  • Max annual investment ₹50 L. Exemption = lower of LTCG or invested amount. Bonds have 5‑year lock‑in. Failure to hold or lending on bonds revokes exemption.

Sections 54G / 54GA / 54GB – Shift or re-invest in industrial/start‑up assets

SectionPurposeEligible AssesseeReinvestment AssetTime LimitLock-in
54DGovt-acquired industrial propertyAny personResidential building on land acquired by Govt3 years3 years
54GShifting industrial undertaking to rural areaAny personLand/building/plant & machinery1 year prior or within 3 years3 years
54GAShift industrial undertaking to SEZAny personLand/building/plant & machinery in SEZSame3 years
54GBReinvest gains into eligible start‑up companyIndividual/HUFEquity shares of SME/start‑up using proceeds to buy new machineryPurchase before due date of the ITR or by company timeline5 years (3 years for software/computers)
  • Exemption = (Capital gain × reinvested amount ÷ net sale consideration). CGAS applies in certain sections.

Capital Gains Account Scheme (CGAS)

  • If unable to reinvest before tax‑return due date:
    • Deposit unutilized capital gains into CGAS.
    • Must utilize within relevant timelines (2 years for purchase, 3 years for construction) otherwise deposit amount becomes taxable in that year.

Additional Considerations

  • Indexation benefit removed on property LTCG: post‑July 23, 2024, taxpayers can choose between 12.5% without indexation or 20% with indexation, whichever is lower.
  • Section 87A rebate: Taxpayers with total taxable income ≤ ₹7 L including capital gains can claim rebate—even on STCG—but must claim manually in AY 2025‑26.
  • Proposed Income-tax Bill 2025 introduces ability to set off long‑term capital loss against short‑term gains (starting AY 2026‑27) — a significant shift.

✅ Summary Table: Major Exemptions

SectionAsset SoldReinvestment AssetTime LimitMax ExemptionLock-in / Revocation
54Residential propertyResidential property1y before / 2y after or 3y construct≤Gain or cost (≤₹10 Cr)3y hold, else reversal
54FOther long‑term assetsResidential propertySame as aboveProportionate (≤₹10 Cr)3y hold; ownership limit
54BAgricultural landReplacement agricultural land≤2y before/after≤Gain or cost3y hold, else reversal
54ECPropertySpecified bonds (NHAI/REC…)≤6 months≤Gain or ₹50 L5y bond hold
54G/GA/GBIndustrial/startup assetsShifting assets or equity in start‑ups1y prior / 3yProportionate3–5y hold depending on section

🧠 Pro Tips

  • Plan holding period carefully: Only LTCG is eligible, and timelines matter.
  • Use CGAS if you can’t reinvest immediately.
  • Combine sections smartly: For instance, 54B + 54F if you sell both land and shares and reinvest across categories.
  • Mind the ₹10 crore cap on Sections 54 & 54F.
  • Always file Section 87A rebate manually for AY 2025‑26 if you’re eligible

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