Meenakshi Taheem
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6 mins read
Last updated on 27th May 2024
Real estate investing can be highly lucrative, but it also comes with its share of tax implications. However, certain real estate transactions exist that can significantly reduce, or even eliminate, your tax obligations. Understanding these can help you plan your investments more strategically and maximize your returns. Here's a look at some key real estate transactions that are tax-free, providing you with a golden opportunity to make money while keeping your tax bill minimal.
Keys for Real Estate Transactions that are Tax-free
- Sale of Residential Property
- Inheritance
- Gifts
- Real Estate Investment Trusts
- Capital Gain Account Scheme
- Affordable Housing
- Reverse Mortgage
- Farmland
1. Sale of Residential Property
Under Section 54 of the Income Tax Act, if you sell a residential property that you have owned for more than two years, and reinvest the capital gains into another residential property within a specified timeframe, you can claim tax exemption on these gains. The new property must be purchased one year before or two years after the sale, or constructed within three years after the sale.
2. Inheritance
Inheriting property in India is not subject to income tax as inheritances are tax-exempt. However, if the inherited property is sold, capital gains tax is applicable. The cost basis of the property is considered as the value at which the previous owner purchased it, thus potentially reducing the capital gains tax due if the property was held for a long period.
3. Gifts
Real estate received as a gift does not attract income tax, provided it is received from a relative or as part of a will. However, if the property is sold later, capital gains tax will apply, calculated from the original purchase price of the donor or the last owner who actually bought it.
4. Real Estate Investment Trusts (REITs)
Investing in REITs is another way to enjoy tax benefits. Dividends received from REITs are exempt from tax in the hands of the investor, making them an attractive investment option. This can provide a regular income stream without additional tax burden.
Suggested read: Real Estate Rule In India
5. Capital Gain Account Scheme
If you have sold a property and have capital gains, but haven’t yet reinvested or are unable to reinvest it before the due date of filing your income tax return, you can deposit the gains into a Capital Gain Account Scheme (CGAS) at a notified bank. This deposit can then be claimed as an exemption, and you have up to three years to use the funds to purchase or construct a new property.
6. Affordable Housing
Under Section 80-IBA, profits earned by developers from certain affordable housing projects are exempt from tax, provided the project meets specified conditions like size and timeline criteria. This provision aims to encourage the development of affordable housing in India.
Suggested read: Affordable Housing in Gurgaon
7. Reverse Mortgage
In India, the amounts received through a reverse mortgage are not considered income but rather loan advances, so they are exempt from income tax. Homeowners are still required to pay property taxes, maintain insurance, and keep up property maintenance. Upon the homeowner's passing, heirs can either repay the loan to retain the property or let the lender sell the home to settle the debt.
8. Farmland
In India, income from agricultural activities on farmland is exempt from income tax. However, non-agricultural income generated from the farm is taxable. Capital gains tax applies if agricultural land in urban areas or land reclassified for non-agricultural use is sold. Rural agricultural land is generally exempt from capital gains tax, with specific criteria defining rural versus urban classifications.
Understanding the tax implications and exemptions in real estate can significantly impact your investment decisions and returns. By leveraging these tax-free opportunities in the Indian real estate market, investors can strategically reduce their tax liabilities while enhancing their investment portfolio’s growth. Always consult with a tax professional or financial advisor to ensure compliance with the current laws and to make the most informed investment decisions.
FAQ about Tax-Free Real Estate Transactions in India
No, real estate is not tax-free in India. Owners are subject to various taxes including property tax, and capital gains tax on the sale of properties, unless specific exemptions apply.
Yes, you need to pay capital gains tax on the profit earned from the sale of a property. The rate depends on whether it's a short-term or long-term capital gain.
Inherited properties are not subject to income tax at the time of inheritance. However, any income generated from the property, like rental income, or capital gains from selling the property, is taxable.
Legally avoiding property tax is not feasible; however, you can reduce your property tax burden through rebates offered for certain categories of owners such as senior citizens, ex-servicemen, etc., or properties like those used for religious or charitable purposes, depending on the local municipality rules.
Taxes on the sale of agricultural land in India depend on its location and the seller’s status (whether a farmer or not). Generally, rural agricultural land is exempt from capital gains tax, but urban agricultural land is not, unless specific conditions are met under sections 54B of the Income Tax Act.
Published on 27th May 2024
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