If you're planning to sell your residential property and want to avoid paying Long-Term Capital Gains (LTCG) tax, Section 54 of the Income Tax Act can be your financial shield. However, the rules vary if you're selling a commercial property or land—in that case, Section 54F applies. Knowing the difference is essential to maximize your tax benefits.
Capital Gains Tax is the tax you pay on the profit from the sale of a capital asset such as a house, plot, or shop. If you've held the asset for more than 2 years, the gain qualifies as Long-Term Capital Gain (LTCG) and is taxed accordingly.
Section 54 applies only when an individual or Hindu Undivided Family (HUF) sells a residential property (used as their own house) and reinvests the capital gain into another residential property.
The capital gain must be invested in another residential property.
You must purchase the new house within 2 years of the sale or construct it within 3 years.
Only the LTCG amount needs to be reinvested, not the entire sale value.
Example:
If you bought a house for ₹20 lakh and sold it for ₹50 lakh, the LTCG is ₹30 lakh. To claim full exemption under Section 54, you must reinvest ₹30 lakh in a new residential property.
If you're selling a non-residential property such as a shop or land, Section 54F becomes relevant.
To claim exemption under Section 54F, you must reinvest the entire sale proceeds, not just the gain.
If you reinvest only a part of the sale amount, exemption is allowed proportionately.
If your property was purchased before April 1, 2001, you are allowed to consider the Fair Market Value (FMV) of that date as your cost of acquisition. However, this FMV cannot exceed the stamp duty value applicable at that time.
| Criteria | Section 54 | Section 54F |
|---|---|---|
| Applicable On | Sale of residential property | Sale of land, shop, or commercial property |
| Reinvestment Required | Only LTCG amount | Entire sale proceeds |
| Property Type to Reinvest | Residential only | Residential only |
| Time Limit for Reinvestment | 2 years (purchase), 3 years (construction) | 2 years (purchase), 3 years (construction) |
If you're selling a house, reinvesting just the capital gain in a new home can save you from LTCG under Section 54. But for plots, shops, or commercial assets, be prepared to reinvest the full sale amount to avail benefits under Section 54F.
Understanding the right section and making timely investments can help you legally save lakhs in taxes and ensure better financial planning.
