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Last updated: Oct 2026
Section 54B defers or removes tax on the gain from selling urban agricultural land when you reinvest in farmland. Rural agricultural land is not a capital asset, so its sale needs no exemption.
- Who: an individual or Hindu Undivided Family (HUF), where the land was farmed by them or a parent for 2 years before the sale
- Reinvest: buy agricultural land within 2 years of the sale
- Deposit: place unused gains in the Capital Gains Account Scheme before the return due date
- Exemption: the lower of the gain and the amount reinvested
Hold: keep the new land for 3 years, or the exemption is withdrawn
Check whether your land is urban or rural before you plan. If it is urban, fix the reinvestment and the deposit date before you sell.
What is Section 54B?
Section 54B is a capital gains exemption for farmers who sell agricultural land and buy other agricultural land. The Income Tax Act, 1961 contains it, and Section 83 of the Income Tax Act, 2025 replaces it from Tax Year 2026-27.
It exempts the gain, whether short-term or long-term, up to the amount reinvested. The Income Tax Department's guide describes the conditions, which this page follows.
Is my land rural or urban?
Section 54B matters only for urban agricultural land, because the sale of rural agricultural land attracts no capital gains tax. Section 2(14) of the Act decides which is which.
| Land | Capital asset | Section 54B needed |
|---|---|---|
| Rural agricultural land | No | No |
| Agricultural land inside a municipality of 10,000 or more people | Yes | Yes |
| Agricultural land within 2 km of a town of 10,000 to 1 lakh | Yes | Yes |
| Within 6 km of a town of 1 lakh to 10 lakh | Yes | Yes |
| Within 8 km of a city above 10 lakh | Yes | Yes |
The distance bands follow Section 2(14), and the distance is measured as the Act and its notifications state. Ask a tax professional to confirm the position for your village.
What conditions must I meet for Section 54B?
Five conditions apply, and missing one defeats the claim.
| Condition | Requirement |
|---|---|
| Seller | Individual or HUF |
| Past use | Farmed by the seller or a parent for 2 years before the sale |
| Reinvestment | Buy agricultural land within 2 years after the sale |
| Unused gains | Deposit in the Capital Gains Account Scheme before the due date of the return |
| Holding | Keep the new land for 3 years |
If you sell the new land within 3 years, the exemption is withdrawn, and the gain becomes taxable in that year. A deposit that you do not use within 2 years also becomes taxable.
How much exemption do I get?
The exemption equals the lower of the capital gain and the amount you invest in new agricultural land, including the deposit.
Formula used: Exemption = lower of (capital gain, amount invested). Taxable gain = capital gain − exemption.
| Item | Amount |
|---|---|
| Sale price | Rs. 80,00,000 |
| Cost of the land (assumed) | Rs. 20,00,000 |
| Capital gain | Rs. 60,00,000 |
| Invested in new farmland | Rs. 45,00,000 |
| Exemption | Rs. 45,00,000 |
| Taxable gain | Rs. 15,00,000 |
| Tax at 12.5% with 4% cess | Rs. 1,95,000 |
| Tax with no exemption | Rs. 7,80,000 |
The 12.5% rate applies to long-term gains without indexation. Land bought before 23 July 2024 may use 20% with indexation, at the seller's choice.
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What if I cannot buy land before the return is due?
Deposit the unused gain in the Capital Gains Account Scheme before the due date of your return. The deposit counts as an investment for the exemption.
The deposit must be used to buy agricultural land within 2 years of the sale. If it is not, the unused part becomes taxable in the year when the 2 years end. A deposit alone is not enough. The Department's guide stresses that the land must still be bought within the period. Keep the bank's receipt of the deposit with your return.
A worked example: an urban farm plot
Consider Mohan Reddy, a 52-year-old farmer near Hyderabad with a household income of Rs. 1.8 lakh a month and a CIBIL Score of 758, who farmed his own plot for 8 years and sold it for Rs. 80 lakh.
| Step | What Mohan did |
|---|---|
| Land status | Within the municipal limit, so a capital asset |
| Gain | Rs. 60,00,000 |
| Reinvestment | Bought Rs. 45,00,000 of farmland in 14 months |
| Unused Rs. 15,00,000 | Taxed at 12.5% plus cess, Rs. 1,95,000 |
Mohan holds the new land for 3 years. He saves Rs. 5,85,000 of tax against selling with no reinvestment. A larger purchase of Rs. 60,00,000 would have made the gain fully exempt.
Does selling farmland affect a home loan with Bajaj Finance?
Bajaj Finance assesses repayment from income, and a one-time gain on a land sale is not regular income. Keep the sale deed and the tax computation, because a lender may ask for them. Bajaj Finance does not offer home loans to Non-Resident Indians (NRIs).
| Loan feature | Detail |
|---|---|
| Interest rate | From 7.25% p.a.*, subject to credit assessment |
| Loan amount | Up to Rs. 15 crore* |
| Tenure | Up to 32 years |
Approval timelines can extend where income or land records need clarification, and minimum income thresholds can differ by city. Check your home loan eligibility and read the guide to Section 54GB for another capital gains route.
Frequently Asked Questions
Conditions
Reinvestment
Does Section 54B apply to rural agricultural land?
No, and it does not need to. Rural agricultural land is not a capital asset under Section 2(14), so its sale produces no capital gain. Section 54B matters for agricultural land inside or near a town, which is a capital asset. Confirm which side of the line your village falls on before you plan the reinvestment or the deposit.
Do I need to have farmed the land myself?
The land must have been used for agriculture by you or by your parent for the 2 years before the sale. For a Hindu Undivided Family, the family must have used it. Keep records of cultivation, such as crop sale records or the land record's cultivation entries, because the department can ask for proof of use.
Must the new land be agricultural land too?
Yes. The Department's guide says the gain must be reinvested in agricultural land. Other guides add that the new land can lie in a rural or an urban area. Buy land that you will farm, and hold it for 3 years. Check the land record of the new plot, because a lender or the department may ask for it.
What if I sell the new land within 3 years?
The exemption is withdrawn. The amount that you exempted is reduced from the cost of the new land, and the gain on the new land is also taxed. The withdrawal applies in the year of the second sale. Plan to hold the new land for at least 3 years, and keep the purchase deed and the deposit receipts.
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