Can I save Capital Achieve Tax by repaying house mortgage?

Can one save capital acquire tax by repaying house mortgage (previous or new)? Is it allowed underneath the Sec.54F of the Earnings Tax Act? Allow us to talk about this query intimately.

Mr.A could have an present house mortgage on a property in Bangalore. When he sells the Bangalore property, he could incur capital acquire. Can he save that tax by repaying the present house mortgage of Bangalore property from the capital acquire?

Mr.B could also be keen to purchase a brand new home however the present home is just not promoting. Therefore, he opted for a house mortgage to buy the brand new home. If the previous home is offered sooner or later, then whether or not Mr.B can use capital acquire to repay new house mortgage and save the tax?

Mr.C owns two properties. On one property he has a mortgage. On one other property, he doesn’t have any mortgage. If he sells the property (on which no mortgage) and incurs capital acquire, then whether or not such capital acquire be exempted from tax if he makes use of it for repaying of mortgage of one other home property?

Such questions are widespread in nature. Therefore, thought to write down an in depth submit on this.

Can I save Capital Achieve Tax by repaying house mortgage?

Let me share with you the Sec.54F particulars to reach at what we will decide.

All about Part 54F

Exemption underneath Sec.54F is offered if the next circumstances are happy.

• Who can declare exemption – Beneath Sec.54F, solely a person or a HUF can declare exemption. In different phrases, no different particular person is eligible for claiming exemptions underneath Sec.54F.
• Which asset is certified for exemption – Beneath Sec.54F, the exemption is offered provided that the capital asset that’s transferred is a LONGTERM capital asset however OTHER THAN A RESIDENTIAL HOUSE or PROPERTY (it might be a plot of land, business home property, gold, share or any asset however not a residential home property).
• Which new asset must be bought or acquired – To assert the exemption underneath Sec.54F, the taxpayer should buy one residential home property (previous or new) (however have to be inside India) or assemble a residential home property (new home). The brand new home must be bought or constructed throughout the time restrict – a) For brand new home – It must be bought inside 1 yr or earlier than, or inside 2 years after, the date of switch of the unique asset. b) For establishing a brand new home – The development must be accomplished inside 3 years from the date of switch of authentic asset.

Few factors to think about are –

1. Time restrict within the case of obligatory acquisition – In case of obligatory acquisition, the time restrict of 1 yr, 2 years, or 3 years shall be decided from the date of receipt of compensation (whether or not preliminary or further).
2. Building could begin earlier than the switch of capital asset – Building of the home must be accomplished inside 3 years from the date of the switch of the unique asset. The date of graduation of development is irrelevant. Building even earlier than the switch of the unique asset.
3. Holding of authorized title is just not needed – If the taxpayer pays full consideration or a considerable portion of it throughout the stipulated interval given above, the exemption underneath Sec.54F is offered even when the possession is handed over after the stipulated interval or the sale deed is registered in a while.
4. The residential home must be bought/acquired (could or will not be used for residential functions) – The requirement of Sec.54F is that the property must be a residential home. The usage of the property is just not the related criterion to think about the eligibility for a profit underneath Sec.54F. What’s required is an funding in a residential home. Mere non-residential use wouldn’t render a property ineligible for profit underneath Sec.54F.
5. Funding within the identify of the transferor – It’s needed and compulsory to have an funding made in a residential home within the identify of the transferor solely and never within the identify of every other particular person.
6. Renovation or modification of an present home – Sec.54F doesn’t present for exemption in case of renovation or modification of an present home.
7. The funding made throughout the time restrict however development not accomplished – Exemption underneath Sec.54F cannot be denied the place funding in a residential home is made throughout the time restrict however development is accomplished after the expiry of the time restrict.
8. The stay hyperlink between web sale consideration and funding in new property is just not needed – Merely as a result of capital positive factors earned have been utilized for different functions and borrowed are deposited in a capital positive factors funding account, the advantage of exemption underneath Sec.54F cannot be denied.
9. Not multiple residential home property must be owned by the taxpayer – Beneath Sec.54F, the exemption is offered provided that on the date of switch of the unique property, the taxpayer doesn’t personal multiple residential home property. He also needs to not buy inside a interval of two years after such date (or full development inside a interval of three years after such date) any residential home.
10. The brand new asset must be located in India – As talked about above, the brand new asset must be inside India.
11. Joint possession in different properties – If the taxpayer owns multiple residential home even collectively, with one other particular person, the advantage of exemption underneath Sec.54F is just not out there.

How a lot most restrict can one avail underneath Sec.54F?

Earlier than the Price range 2023, there have been no such restrictions. Nevertheless, efficient from 1st April 2024, the utmost restrict out there to avail of the profit underneath Sec.54F is capped at Rs.10 Crore. Do word that the quantity of exemption cannot exceed the quantity of capital acquire.

What’s the Scheme of Deposit underneath Sec.54F?

Beneath Sec.54F, the brand new home could be bought or constructed throughout the time restrict given above. The taxpayer has to submit his return of earnings on or earlier than the due date of submission of return of earnings (typically thirty first July or thirty first Oct of the evaluation yr). If the quantity is just not utilized throughout the due date of submission of earnings, then it must be deposited within the capital positive factors deposit account scheme. On the idea of the quantity utilized in buying the brand new property and the quantity deposited within the deposit account, the assessing provide will give an exemption underneath Sec.54F.

By withdrawing the quantity from the deposit account, a brand new home could be bought or constructed throughout the specified time restrict.

If the quantity deposited is just not utilized absolutely for buy or development of latest home throughout the stipulated interval, then the next quantity could be handled as LTCG of the earlier yr during which the interval of three years from the date of switch of authentic asset expires.

Unutilized quantity within the deposit account (Claimed underneath Sec.54F)* (Quantity of authentic capital acquire/Web sale consideration).

In such case, the taxpayer can withdraw the unutilized quantity at any time after the expire of three years from the date of switch of the unique asset in accordance with the aforesaid scheme.

For those who go by all the small print of Sec.54F and in addition by referring to those hyperlinks “Kanoon” and “ITAT Tribunal Order” the place the circumstances of Bombay Excessive Courtroom in CIT vs. Dr. P. S. Pasricha, Kerala Excessive Courtroom in Okay. C. Gopalan 162 CTR 566 and IT Officer Vs Manish Sinha the place talked about, it’s clear that you should use the gross sales proceeds to repay the house mortgage. However with sure circumstances as under.

# Mr.A can’t declare the capital acquire exemption by repaying the house mortgage on the property. It must be for a unique new property not on the property that you’re promoting.

# Mr.B and C can avail the advantages of exemption. Nevertheless, if the circumstances of time interval as per Sec.54F (must be bought inside 1 yr or earlier than, or inside 2 years after, the date of switch of the unique asset) are assembly then solely they will avail of the exemption.

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