Moving to a New House: Consider the Taxation Angle

Synopsis:

  • Selling a house may attract capital gains tax based on the property's holding period.
  • LTCG can be saved by reinvesting in another house or specified bonds under Section 54.
  • Deductions like brokerage and stamp duty reduce taxable capital gains.
  • Home loan principal and interest offer tax benefits under Sections 80C and 24.

Overview:

When planning to buy a new home, you must first consider how you will finance the purchase. People often sell their old house to fund the new one. But did you know that the sale of your old property might have tax implications? If you don’t address these, they could affect your financial situation. Here’s what you need to understand about managing tax obligations during this process.

Taxes on the Sale of Your Old House

When selling a property, you are likely to incur capital gains. Capital gains tax is applicable depending on the duration for which you held the property. The computation of these taxes can be complicated, so seeking professional advice from a qualified chartered accountant or tax consultant is advisable. However, here are the basics you should know.

Short-Term and Long-Term Capital Gains

Your capital gains tax depends on the duration for which you held the property:

  • Short-Term Capital Gains (STCG): If you sold your property within 3 years of purchase, the profit is classified as STCG. STCG is added to your total taxable income and taxed at the applicable income tax slab rate.
  • Long-Term Capital Gains (LTCG): If you held the property for over 3 years, your gain is classified as LTCG. LTCG is taxed at a rate of 20% after indexation, which accounts for inflation in property value over time.


Deductions Available on the Sale

When selling your property, certain expenses can be deducted from the sale price before calculating the capital gains. These deductions can reduce your taxable gain. Expenses eligible for deduction include:

  • Brokerage fees
  • Stamp paper charges
  • Society charges and No Objection Certificate (NOC) charges


Saving on Capital Gains Tax: Section 54

Once you’ve determined your taxable capital gains, you can explore methods to reduce or exempt some of the tax liability. Section 54 of the Income Tax Act provides provisions to save LTCG by investing in a new property or capital gains bonds.

Exemption Through Property Purchase or Construction

If you’ve sold a property, you can save on LTCG by purchasing another house within two years or constructing a new one within three years. The capital gains used for purchasing or constructing the new house are exempt from tax.

  • Important Note: If you sell the new property within three years, the exemption will be revoked.
  • If you need more time, you can park the sale proceeds in a Capital Gains Account Scheme until you make the new purchase. The scheme allows you to defer the purchase until the filing date for your tax return.


Exemption Through Capital Gains Bonds

If you don’t wish to buy a new house, you can invest up to ₹50 lakh in specified bonds within six months of selling your property. These bonds, issued by institutions like REC and NHAI, have a 3-year tenure. If you sell or pledge these bonds within the 3-year period, the tax exemption will be lost.

Tax Benefits on a Home Loan

If you haven’t sold your property but have taken out a housing loan for purchasing or constructing a new house, you can claim tax deductions under various sections of the Income Tax Act.

Section 80C: Deduction on Principal Repayment

Under Section 80C, you can claim a deduction of up to ₹1.5 lakh per financial year on the principal repayment of your home loan. This limit is inclusive of other deductions like provident fund contributions and insurance premiums.

Section 24: Deduction on Interest

You can claim a deduction on the interest paid on your home loan:

  • ₹2 lakh: If the property is self-occupied.
  • Unlimited: If the property is rented out.
     

In the case of a joint home loan, both co-applicants can claim these deductions individually, provided they are co-owners and contributing to the loan repayment. The tax benefit is proportional to each person’s contribution to the repayment of both principal and interest.

Conclusion

Moving to a new house is an exciting journey, but understanding the taxation implications can ensure you don’t face any surprises. From managing taxes on the sale of your old house to claiming deductions on home loan payments, careful planning can help you maximise your savings. Seek professional help if necessary to ensure that you’re making the most of available tax exemptions and deductions.