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
Section
Purpose
Eligible Assessee
Reinvestment Asset
Time Limit
Lock-in
54D
Govt-acquired industrial property
Any person
Residential building on land acquired by Govt
3 years
3 years
54G
Shifting industrial undertaking to rural area
Any person
Land/building/plant & machinery
1 year prior or within 3 years
3 years
54GA
Shift industrial undertaking to SEZ
Any person
Land/building/plant & machinery in SEZ
Same
3 years
54GB
Reinvest gains into eligible start‑up company
Individual/HUF
Equity shares of SME/start‑up using proceeds to buy new machinery
Purchase before due date of the ITR or by company timeline
5 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
Section
Asset Sold
Reinvestment Asset
Time Limit
Max Exemption
Lock-in / Revocation
54
Residential property
Residential property
1y before / 2y after or 3y construct
≤Gain or cost (≤₹10 Cr)
3y hold, else reversal
54F
Other long‑term assets
Residential property
Same as above
Proportionate (≤₹10 Cr)
3y hold; ownership limit
54B
Agricultural land
Replacement agricultural land
≤2y before/after
≤Gain or cost
3y hold, else reversal
54EC
Property
Specified bonds (NHAI/REC…)
≤6 months
≤Gain or ₹50 L
5y bond hold
54G/GA/GB
Industrial/startup assets
Shifting assets or equity in start‑ups
1y prior / 3y
Proportionate
3–5y 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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