Understanding the Impact of Capital Gains Tax Changes on Real Estate

The recent change in capital gains tax regime for real estate provides flexibility to property owners and ensures they are not adversely affected by the elimination of indexation benefits.

Real EstateCapital Gains TaxLtcgIndexation BenefitsTax RatesReal EstateAug 07, 2024

Understanding the Impact of Capital Gains Tax Changes on Real Estate
Real Estate:The Indian government has announced a significant decision that offers relief to homeowners regarding Long-Term Capital Gains (LTCG) tax on real estate. Homeowners will now be given the option to choose between two tax rates a 20% rate with the indexation benefit, or a 12.5% rate without indexation.

This policy shift follows Finance Minister Nirmala Sitharaman's announcement on July 23, 2024, to reduce the LTCG tax rate from 20% to 12.5%, accompanied by the removal of the indexation benefit. The indexation benefit, which previously allowed for the adjustment of the property's purchase price based on inflation, no longer applies.

The amendment, which sought to eliminate the indexation benefits and reduce the LTCG tax rate to 12.5%, was introduced in response to concerns raised by the real estate sector regarding the initial proposal outlined in the Budget 2024.

The new rule allows taxpayers to choose between two tax rates 12.5% without indexation or 20% with indexation. The 12.5% rate is expected to be more beneficial for real estate sellers if the property's value has increased more than the inflation rate. However, indexation could be advantageous in cases where property appreciation is closer to the inflation rate.

According to Shishir Baijal, Chairman and Managing Director, Knight Frank India, \

Frequently Asked Questions

What is the new tax rate for long-term capital gains on real estate?

The new tax rate for long-term capital gains on real estate is 12.5% without indexation or 20% with indexation.

What is the indexation benefit, and why was it removed?

The indexation benefit allowed for the adjustment of the property's purchase price based on inflation. It was removed to reduce the tax burden on sellers.

How does the new tax rate affect homeowners and homebuyers?

The new tax rate provides flexibility to homeowners and homebuyers, allowing them to choose the option that best suits their financial situation and the extent of their property's appreciation.

What is the grandfathering provision, and how does it affect property transactions?

The grandfathering provision allows property transactions completed before the budget's presentation in Parliament on July 23 to be exempt from the new tax rate.

How will the new tax rate impact the real estate sector?

The new tax rate is expected to stimulate investment and sales in the housing market by potentially reducing the tax burden on sellers.

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