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How to Legally Save Capital Gains Tax Under Section 54 When Selling Property

Understanding statutory exemption windows, Section 54EC capital gains bonds, and Capital Gains Account Scheme (CGAS) to protect your sales proceeds.

Real Estate Tax Law and Consultation

When divesting a prime residential asset with substantial appreciation, capital gains tax can consume up to 20% of your net profits. Fortunately, the Indian Income Tax Act provides well-defined statutory exemptions that enable sellers to reinvest 100% of their capital gains tax-free.

1. Reinvesting in Another Residential House (Section 54)

If you have held the residential property for more than 24 months, the profit is categorized as Long-Term Capital Gains (LTCG). Under Section 54, you can claim complete tax exemption by purchasing another residential property within 1 year before or 2 years after the date of sale, or constructing a new house within 3 years.

2. Capital Gains Account Scheme (CGAS)

If your ITR filing deadline arrives before you finalize your replacement property, deposit the unspent gains into a designated CGAS Type B account at any public sector bank. This legally secures your exemption while giving you the full statutory window to find your ideal dream home.

3. Section 54EC Specified Capital Gains Bonds

If you do not wish to purchase another house immediately, you can invest up to ₹50 Lakhs per financial year in government-backed infrastructure bonds (REC, NHAI, PFC) within 6 months of sale to receive 100% tax exemption.

"Proper tax planning begins before the agreement to sell is executed — not during tax filing season."
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