A taxpayer can claim exemption from certain capital gains by re-investing the capital gain into specified asset. The following table highlights the assets in respect of which the benefit of re-investment is available:
Section under
which benefit
is available
| Gain eligible for claiming exemption | Asset in which the capital gain is to be re-invested to claim exemption |
section 54 | Long-term capital gain arising on transfer of residential house property. | Gain to be re-invested in purchase or construction of one residential house property in India. |
section 54B | Long-term or short-term capital gain arising on transfer of agricultural land. | Gain to be re-invested in purchase of agricultural land. |
section 54EC | Long-term capital gain arising on transfer of any capital asset. | Gain to be re-invested in bonds issued by National Highway Authority of India or by the Rural Electrification Corporation Limited. |
Section 54EE | Long-term capital gain arising on transfer of any capital asset. | Gain to be re-invested in units of specified fund, as may be notified by Govt. to finance start-ups. |
section 54F | Long-term capital gain arising on transfer of any capital asset other than residential house property. | Net sale consideration to be re-invested in purchase or construction of one residential house property in India. |
section 54D | Gain arising on transfer of land or building forming part of industrial undertaking which is compulsorily acquired by Government and was used for industrial purpose for a period of 2 years prior to its acquisition. | Gain to be re-invested to acquire land or building for industrial purpose. |
section 54G | Gain arising on transfer of land, building, plant or machinery in order to shift an industrial undertaking from urban area to rural area | Gain to be re-invested to acquire land, building, plant or machinery in order to shift the industrial undertaking from an urban area to a rural area |
section 54GA | Gain arising on transfer of land, building, plant or machinery in order to shift an industrial undertaking from urban area to any Special Economic Zone | Gain to be re-invested to acquire land, building, plant or machinery in order to shift the industrial undertaking from urban area to any Special Economic Zone. |
section 54GB | Long-term capital gain arising on transfer of residential property (a house or a plot of land). The transfer should take place during 1st April, 2012 and 31st March 2017. However, in case of investment in “eligible start-up”, sunset limit of 31st march 2017 is extended to 31st march 2019. | The net sale consideration should be utilised for subscription in equity shares of an "eligible company". W.e.f. April 1, 2017, eligible start-up is also included in definition of eligible company |
In order to claim the exemption on account of re-investment in various situations as discussed above, other conditions specified in the respective sections should be satisfied and the re-investment should be made within the period specified in the respective sections.
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