Long Term Capital Gain Tax on Property

Long-term capital gains (LTCG) on property held for over 24 months are taxed at either 12.5% without indexation or 20% with indexation, depending on the taxpayer's choice, enabling tailored tax optimization for property investments.
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Capital Gain Tax on Property
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3 min
3-April-2025

After the latest changes proposed in the Union Budget 2024, the holding period for unlisted financial assets, such as gold, silver, and property, has been lowered from 36 months to 24 months. This implies that if you sell your property after 24 months from the date of purchase, the capital gains will be classified as long-term. Also, the budget has removed the indexation benefit for long-term capital gains (LTCG) on property sales.

Previously, property sellers could adjust the purchase price for inflation, reducing their taxable gains, and pay 20% tax on these adjusted gains. With the new taxation rules, this indexation benefit is no longer available and sellers cannot adjust for inflation. However, the LTCG tax rate has been lowered to 12.5%, but this rate applies without any inflation adjustment. Consequently, sellers might face higher tax liabilities despite the reduced tax rate, as their gains will be calculated on the unadjusted purchase price.

For a better understanding, let us learn how to calculate LTCG on the sale of property and check out the various available exemptions as per the Income Tax Act

Budget 2025 Update

The Union Budget 2025 introduces significant changes to the income tax structure. Notably, the rebate under Section 87A has been increased to Rs. 60,000, effectively making annual incomes up to Rs. 12 lakh tax-free under the new regime. However, this enhanced rebate does not apply to special grade incomes, such as capital gains.

What are capital gains on the sale of property?

Capital gains arise when a property is sold for a profit compared to its purchase price. This profit is subject to taxation in many jurisdictions. Factors influencing the tax liability include:

  • Holding period: Short-term gains (held for a specific period) are often taxed at a higher rate than long-term gains.
  • Type of property: Different property types (e.g., residential, commercial) may have varying tax implications.
  • Exemptions and deductions: Certain exemptions and deductions can reduce the taxable capital gains.

Understanding these factors is crucial for property owners and investors to accurately calculate their tax obligations

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Long-term capital gain tax on property

Long-term capital gains arise from the sale of property held for more than 24 months. For property transfers made on or before July 22, 2024, the applicable long term capital gain tax rate is 20% after availing the indexation benefit. For transfers occurring after this date, the tax rate will be reduced to 12.5%, but without the indexation benefit. Certain exemptions may be available to help reduce the taxable amount on your LTCG.

Additionally, for land or building sales after July 23, 2024, taxpayers can choose between paying 20% tax with indexation benefits or 12.5% without indexation if the property was acquired on or before July 22, 2024.

New long-term capital gains (LTCG) tax rules on property

The Budget 2024 announced a significant change in how long-term capital gains (LTCG) from the sale of property are taxed. Previously, the gains were taxed at 20% with the benefit of indexation. Indexation allowed sellers to adjust the purchase price of their property for inflation, which reduced the taxable gains.

Under the new rules, the LTCG tax rate is reduced to 12.5%, but the indexation benefit is removed for the investors who buy property after July 23, 2024. This implies sellers can no longer inflate their purchase price to reduce capital gains.

For example, let us assume Mr. X bought a property for Rs. 25 lakh in FY 2002-2003 and sold it for Rs. 1 crore in FY 2023-2024. Under the old rules, he would adjust the Rs. 25 lakh purchase price for inflation using the Cost Inflation Index (CII), which would have reduced his taxable gains. However, under the new rules, he simply subtracts the purchase price from the sale price. This results in a capital gain of Rs. 75 lakh, which is taxed at 12.5%.

Investors who have bought real estate before July 23, 2024 will now have an option to choose between a lower tax rate without indexation or a higher rate with indexation.

Additionally, for properties bought before April 1, 2001, sellers can choose the higher of the actual purchase price or the property's fair market value as of April 1, 2001, as their purchase price. This ensures they get the most beneficial calculation for their capital gains tax.

When is a capital gain from property deemed to be long term?

The Income Tax Act of 1961 categorizes immovable properties held for more than 24 months as long-term capital assets, subject to Long-Term Capital Gains (LTCG) tax. However, a longstanding challenge in tax computation arose from the absence of a specific provision to determine the acquisition date of immovable property, particularly under-construction properties. This ambiguity created uncertainty regarding the appropriate tax treatment for such assets.

How to calculate the long-term capital gains on property

To understand the calculation of LTCG on property, you need to be familiar with the following terms and metrics.

  • Full value of consideration
    In simple terms, this is the sale value of the house property. It includes consideration received in cash and/or kind.
  • Expenses on transfer
    This includes any direct or indirect expenses you may incur during the sale. They are subtracted from the sale value.
  • Cost of acquisition
    This is the cost at which you purchased the house property.
  • Cost of improvement
    This term refers to the expenses you incurred during the holding period to make any changes, upgrades and improvements to the house property.

It is worth mentioning that after the latest changes proposed in the Union Budget 2024, the indexation benefit has been discontinued for the investors who will buy properties after July 23, 2024. This implies property sellers cannot inflate or adjust their cost of acquisition and cost of improvements for inflation using the Cost Inflation Index (CII). For those investors who have bought real estate before July 23, 2024 will now have an option to choose between a lower tax rate without indexation or a higher rate with indexation.

Example of calculation of LTCG on property

Let us discuss an example for the calculation of LTCG on property. The general process for computing the LTCG is as follows:

Step 1: Begin with the full value of consideration i.e. the sale value.

Step 2: Subtract the expenses incurred during the sale.

Step 3: Subtract the cost of acquisition.

Step 4: Subtract the cost of improvement.

Step 5: Arrive at the long-term capital gains on the house property.

Check out the table below for a hypothetical example of how the LTCG on property sales is calculated using the above-mentioned steps:

Particulars

Amount

Sale value (A)

Rs. 50,50,000

Less: Expenses on transfer (B)

Rs. 50,000

Net sales value (A - B)

Rs. 50,00,000

Less: Cost of acquisition (COA)

Rs. 10,00,000

Less: Cost of improvement (COI)

Rs. 12,00,000

LTCG on the sale of property

Rs. 28,00,000

 

Tax implications on LTCG on property

Currently, the long-term capital gains tax rate on property sold in India after April 1, 2017, is 20%, plus applicable cess and surcharge.

Inherited Property:

If you inherit property, you won't pay tax until you sell it. When you do sell, the capital gains will be taxed at the standard rate for other properties.

Key Points:

  1. Acquisition costs: You can include any commissions or brokerage fees paid when you bought the property.
  2. Renovation expenses: You can deduct costs of home improvements or construction during your ownership.

What are tax exemptions on long-term capital gains on property sales?

The Income Tax Act offers relief on the LTCG tax in section 54 and section 54F. Check out the details below.

Section 54

Section 54 of the Income Tax Act provides tax relief on long-term capital gains (LTCG) from the sale of a residential property if the proceeds are reinvested in another residential property. This exemption aims to encourage reinvestment in real estate and reduce tax burdens for property sellers.

To qualify for this exemption, the seller must meet specific conditions:

  • The property sold must be a long-term capital asset, meaning it was held for more than 24 months before the sale.
  • The reinvestment must be made in one residential property within one year before or two years after the sale, or within three years if constructing a new house.
  • If the reinvested amount is less than the capital gains, only the invested portion is exempt, and tax applies to the remaining gains.

If the new property is sold within three years, the exemption is revoked, and the earlier LTCG becomes taxable.

Section 54EC

Section 54EC of the Income Tax Act provides tax exemption on long-term capital gains (LTCG) arising from the sale of immovable property, provided the gains are reinvested in specified capital gains bonds. This provision allows taxpayers to defer or avoid capital gains tax while promoting investment in government-backed infrastructure projects.

To claim this exemption, the reinvestment must follow these conditions:

  • The capital gains must be invested within six months of the sale in bonds issued by government-backed institutions, such as:
    • National Highways Authority of India (NHAI)
    • Rural Electrification Corporation (REC)
  • The maximum investment limit in these bonds is Rs. 50 lakh per financial year.
  • The bonds have a five-year lock-in period, meaning they cannot be sold or transferred before maturity.

Section 54B: Exemption for reinvested agricultural land

If you sell agricultural land located outside rural areas, you can claim an exemption on long-term capital gains (LTCG) by reinvesting the gains in another agricultural land within two years from the sale date. This provision helps taxpayers reinvest in agricultural assets while deferring tax liabilities.

Alternatively, if you are unable to reinvest immediately, you can deposit the capital gains amount in a Capital Gains Account Scheme (CGAS) with a designated bank before the due date for filing your income tax return. This allows you to reinvest the amount within two years, preserving the tax exemption.

However, if the newly purchased agricultural land is sold within three years of acquisition, the earlier tax exemption is revoked, and the previously exempted capital gains become taxable in the year of sale. This rule ensures that the reinvestment remains long-term and continues to support agricultural activities.

Capital Gain Tax Exemptions under Section 54, 54F, 54EC, and 54GB

Section

54

54EC

54F

54GB

Eligibility

Individual / HUF

Any Taxpayer

Individual / HUF

Individual / HUF

Asset Sold

Residential property (house/land)

Long-term capital assets (land/building)

Long-term assets other than residential property

Residential property (equity shares where the taxpayer owns over 50% of the company’s shares)

Investment

New residential property (only 1)

Bonds (NHAI / RECL / PFC / IRFC)

New residential property (only 1)

Equity shares of a company in which the taxpayer holds 50% or more shares

Purchase Timeline

1 year prior or 2 years post-sale (3 years if constructing)

Within 6 months of transfer

1 year before or 2 years after (3 years if constructing)

Before the due date for filing ITR

Special Conditions

If the asset is sold within 3 years, the exempted capital gain is deducted from the acquisition cost

If securities are sold within 5 years, earlier exempted LTCG becomes taxable

If sold within 3 years, the exempted capital gain is taxable

If sold within 5 years, the exempted capital gain is taxable

Threshold

₹10 crore

Not mentioned

Not mentioned

Not mentioned


Section 54F: Exemption for reinvested capital gains

This section offers tax exemption for capital gains from selling long-term assets (excluding residential properties) under specific reinvestment conditions. The entire sale proceeds must be used to purchase one or two residential properties within 24 months of the sale. Alternatively, the capital gains and sale proceeds can be used for a residential construction project, provided construction is completed within three years of the sale date. If you don't reinvest the entire sale proceeds, the tax exemption will only apply proportionally to the reinvested amount, not the entire capital gain.

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Long Term Capital Gain Tax on Property


Long term capital gain tax rule for different categories

When selling a property held for more than 36 months, Indian taxpayers have two options for calculating long-term capital gains tax:

  1. 12.5% tax rate without Indexation: This option allows for a lower tax rate of 12.5% on the capital gains. However, it does not account for inflation, which can impact the real purchasing power of the original investment.
  2. 20% tax rate with Indexation: This more traditional approach involves a higher tax rate of 20%. However, it provides taxpayers with the opportunity to adjust the property's purchase price for inflation using the Cost Inflation Index (CII) published by the Central Board of Direct Taxes. This adjustment can significantly reduce taxable capital gains and, consequently, the overall tax liability.

Note: The choice between these options depends on individual circumstances, including the length of ownership, inflation rates, and the specific tax implications for the taxpayer. It is advisable to consult with a tax professional to determine the most advantageous approach based on your unique situation.

How to save on Capital Gains Tax while selling your property?

Joint ownership to distribute capital gains

  • when a property is jointly owned, the capital gains from its sale can be split among the co-owners based on their share in the property.
  • this allows each co-owner to use their basic exemption limit, helping reduce overall tax liability.
  • for example, mr. and mrs. patel purchased a property for Rs. 40 lakhs a decade ago and sold it for Rs. 1 crore. since they are equal co-owners, each receives Rs. 30 lakhs as capital gains.
  • both can claim exemptions up to Rs. 1.25 lakhs each, resulting in total tax savings of Rs. 2.5 lakhs.

Reducing taxable capital gains through selling expenses

  • costs such as brokerage fees, legal charges, and advertising expenses incurred while selling a property can be deducted from the sale price.
  • this lowers the taxable capital gains and reduces tax liability.
  • for instance, mr. gupta sold his property for Rs. 60 lakhs but spent Rs. 2 lakhs on selling-related expenses. the net sale price considered for tax calculation is Rs. 58 lakhs.

Holding period impact on taxation

  • properties held for over two years qualify for long-term capital gains tax, which is lower than short-term rates.

Indexation benefit to reduce tax liability

  • if a residential property is sold after at least two years of ownership, indexation benefits can be applied.
  • indexation adjusts the purchase cost for inflation, effectively reducing taxable capital gains and lowering tax outgo.

Exemption by purchasing a new property under section 54

  • reinvesting capital gains from a residential property sale into another residential property allows tax exemption under section 54.
  • the new property must be purchased within one year before or two years after selling the existing one, or constructed within three years.
  • to claim full exemption, the entire sale proceeds must be reinvested; otherwise, the exemption is granted proportionally.

Exemption by purchasing a new residential property under section 54f

  • if capital gains arise from selling an asset other than a residential property, reinvesting in a new residential property can offer tax exemption under section 54f.
  • the new property must be purchased within one year before or two years after the sale or constructed within three years.
  • the seller must not own more than one other residential property at the time of claiming this exemption.

Reducing tax liability through tax loss harvesting

  • losses from mutual fund or stock sales can be set off against capital gains from property sales to reduce tax burden.
  • for example, ms. sharma sold shares at a loss of Rs. 3 lakhs while earning Rs. 10 lakhs in capital gains from a property sale. after offsetting the loss, her taxable capital gain is reduced to Rs. 7 lakhs.

Investing in bonds for exemption under section 54ec

  • capital gains tax can be saved by investing in specified bonds issued by the national highways authority of india (nhai) or rural electrification corporation (rec).
  • the investment must be made within six months from the date of sale.
  • for instance, mr. kumar earned Rs. 30 lakhs in long-term capital gains from selling his flat. by investing the full amount in nhai bonds within six months, he can claim a full exemption.

Reinvesting in shares of manufacturing companies under section 54gb

  • individuals can reinvest capital gains from selling a residential property into shares of an eligible manufacturing company to claim an exemption.
  • this investment option helps defer tax liability while supporting business growth.

Using the capital gain account scheme (CGAS)

  • if immediate reinvestment is not possible, capital gains can be deposited in a capital gain account scheme (cgas) to claim an exemption.
  • the deposited amount must be used within three years, or it becomes taxable.

Key points to remember

Key points from expert statements on the recent tax changes affecting capital gains from property sales:

  • Choice of tax regimes: Taxpayers can now choose between a 12.5% tax rate without indexation or a 20% rate with indexation for long-term capital gains from property sales acquired before July 23, 2024.
  • Grandfathering provision: The new rules act as a grandfathering provision for properties acquired before July 23, 2024, providing flexibility in tax planning.
  • Tax liability calculation: The government will determine the applicable tax regime based on calculated figures, ensuring fairness and transparency.
  • No loss offset: If the Old Tax Regime results in a negative financial outcome, taxpayers cannot offset this loss under the New Tax Regime.
  • Balancing tax revenue and taxpayer concerns: The government aims to strike a balance between generating sufficient tax revenue and addressing taxpayers' concerns about the removal of indexation benefits.
  • Impact on real estate market: The new tax regime is expected to stimulate investment and sales in the housing market by potentially reducing the tax burden on sellers.
  • Flexibility for homeowners: The choice between tax rates offers flexibility for homeowners to select the option that best suits their individual financial circumstances and property appreciation.
  • Potential benefits: In cases where property appreciation exceeds inflation, the 12.5% tax rate without indexation might be more advantageous. However, indexation can be beneficial if property appreciation is closer to the inflation rate.
  • Boost to affordable housing: The revised tax regime is expected to boost the growth of the affordable housing sector by eliminating concerns over increasing project costs.
  • Rollover benefits remain intact: Taxpayers can still avail of rollover benefits under Sections 54, 54F, and 54EC for investing capital gains in residential real estate to avoid taxation.
  • Positive Impact on Homeowners and Buyers: The new tax regime is anticipated to have a positive impact on both homeowners and aspiring homebuyers.

Conclusion

This sums up the fundamentals of LTCG on property sales and how the gains are taxed. Keep in mind that the sale or redemption of any capital asset can result in LTCG. This includes mutual funds as well.

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Frequently asked questions

How is the LTCG from the sale of a property taxed?

The LTCG on property sale is taxed at a flat rate of 20%. However, indexation benefits Aarlier applied to the cost of acquisition (COA) of the property and the cost of improvements (COI) made, have been discontinued. Now, after the budget announcements made in 2024, you cannot increase/ adjust your COA or COI using the Cost Inflation Index (CII).  

Are the capital gains from the sale of a property exempt from tax?

No, the capital gains from selling a property are not tax-free. They are subject to tax at 12.5%. However, you can gain exemption by reinvesting the LTCG in eligible assets as specified in the Income Tax Act.

How much tax do I need to pay if I sell my property?

Short-term capital gains from the sale of property are taxed as per your income tax slab rate, while long-term capital gains are taxed at 12.5% without indexation benefits.

How do you calculate long-term capital gains on a property?

Calculating Long-Term Capital Gains on Property in India

  1. Determine the gross sale proceeds: This is the total amount received from selling the property, including any cash payments and the fair market value of any other assets received.
  2. Calculate net sale proceeds: Subtract any expenses related to the sale, such as brokerage fees and legal costs, from the gross sale proceeds.
  3. Calculate adjusted cost of acquisition:
    • Determine the original purchase price of the property.
    • If the sale occurred before July 23, 2024: Adjust the purchase price using the Cost Inflation Index to account for inflation over the holding period.
    • If the sale occurred after July 23, 2024: The cost of acquisition is not indexed.
  4. Account for improvements: Add any costs incurred for improvements to the property during your ownership to the adjusted cost of acquisition.
  5. Deduct allowable exemptions: If eligible, subtract any exemptions available under Sections 54, 54B, 54D, 54EC, or 54F. These exemptions often relate to reinvesting the capital gains in other eligible assets.
  6. Calculate taxable capital gains: Subtract the adjusted cost of acquisition (plus improvements) and any applicable exemptions from the net sale proceeds. This amount represents the taxable long-term capital gains.
How do I avoid long-term capital gains tax on my property?

Section 54EC of the Income Tax Act allows you to invest in specified bonds issued by the National Highways Authority of India (NHAI) or the Rural Electrification Corporation (REC) to claim a deduction from your capital gains tax on property.

How much capital gain is tax-free on property?

Effective April 1, 2023, the capital gains tax exemption available under Sections 54 to 54F has been capped at a maximum of Rs. 10 crore. Prior to this amendment, there was no such upper limit on the exemption amount. It is important to note that all conditions stipulated within the relevant sections must be fulfilled to qualify for the exemption.

What is the exemption for long-term capital gains tax?

Long-term capital gains tax exemptions depend on factors like the type of asset, holding period, and reinvestment options. For instance, under Section 54 or Section 54F of the Income Tax Act, individuals can claim exemptions on capital gains from property sales by reinvesting in eligible assets within specified time limits.

How to calculate long-term capital gain on sale of property?

To calculate long-term capital gains on the sale of property, subtract the property's cost of acquisition and cost of improvements from the selling price. Deduct any allowable expenses or exemptions to determine the taxable capital gains, subject to applicable tax rates.

Is the sale of a house property exempt from capital gains?

The sale of a house property may be exempt from capital gains tax if specific conditions are met. Under Section 54 of the Income Tax Act, individuals can claim exemptions on long-term capital gains from the sale of a residential property by reinvesting in another residential property within specified time frames.

What change has been announced regarding the indexation benefit on the sale of property?

The Budget 2024 has eliminated the indexation benefit for long-term capital gains (LTCG) on property sales. Previously, this benefit allowed sellers to adjust their purchase price for inflation using the Cost Inflation Index (CII), thereby reducing their taxable gains. Now, without this benefit, the purchase price cannot be inflated.

What is the new LTCG tax rate for property sales?

The new LTCG tax rate for property sales is set at 12.5%, but this rate applies without the indexation benefit. This means that even though the tax rate is lower than the previous 20%, sellers will no longer be able to reduce their capital gains by adjusting the purchase price for inflation. The simplified tax rate makes the tax computation process easier but may result in higher taxable gains for many property sellers.

How does the removal of the indexation benefit impact the calculation of capital gains?

Without indexation, capital gains are calculated by directly subtracting the original purchase price, that is the cost of acquisition (COA), and any cost of improvement (COI) from the sale price without adjusting for inflation. This change simplifies the computation but can increase the taxable gain, as it no longer accounts for the rise in property value over time. Consequently, sellers might face higher tax liabilities since the gain is now based purely on the difference between the purchase and sale prices.

Can you provide an example to illustrate the impact of this change?

Say Mr. A bought a property for Rs. 25 lakh in FY 2002-2003 and sold it for Rs. 1 crore in FY 2023-2024. Under the old rules, he would adjust the purchase price using the Cost Inflation Index (CII). But now, without indexation, the capital gain is simply Rs. 1 crore minus Rs. 25 lakh. This will result in a gain of Rs. 75 lakh. This calculation, without inflation adjustment, can lead to a higher taxable amount.

How does the new rule simplify the computation of capital gains?

The new rule simplifies capital gains computation by eliminating the need to adjust the purchase price for inflation using the Cost Inflation Index (CII). Taxpayers now calculate gains by directly subtracting the cost of acquisition and cost of improvement from the sale price. This makes the process faster and easier. Also, it eliminates complex tax calculations that were earlier made using the different values of Cost Inflation Index (CII). However, this change can increase tax liabilities for many, as it removes the benefit of inflation adjustment.

What is the Cost Inflation Index (CII)?

The Cost Inflation Index (CII) is a chart published annually by the income tax department. It helps in adjusting the purchase price of long-term capital assets for inflation. This adjustment ensures that the capital gains tax reflects the real increase in the asset’s value over time rather than just nominal appreciation. Before the announcements made in the Union Budget 2024, the CII helped in computing the inflation-adjusted cost of acquisition, which reduced the taxable gain.

What is the CII for the current financial year 2024-25?

For the financial year 2024-25 (assessment year 2025-26), the Central Board of Direct Taxes (CBDT) has set the CII at 363. This index is used to adjust the purchase price of assets for inflation. For the previous year, 2023-24 (AY 2024-25), the CII was 348.

Why was the indexation benefit removed?

The the Union Budget 2024 has discontinued the indexation benefit on property sale, along with reducing the LTCG tax rate to 12.5%. This move simplifies the capital gains tax calculation for both taxpayers and the tax administration. By reducing complexity and enhancing compliance, discontinuation of indexation has made the tax computation process easier and more straightforward. However, it also means that taxpayers will no longer benefit from inflation adjustments, which can increase their tax liability.

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