How to save tax in India after selling gold
What's the story
If you are selling an asset like gold, land, commercial property, or stocks after years of holding it, be ready to pay a hefty tax. But don't worry! The Indian government has provided a way out through Section 54F of the Income Tax Act, 1961. This lesser-known provision allows taxpayers to save on long-term capital gains (LTCG) tax by reinvesting the proceeds in buying a property.
Tax exemption
Understanding Section 54F: A tool for tax relief
Section 54F is designed to promote home ownership. It allows individuals or Hindu Undivided Families (HUFs) to claim relief from LTCG tax on the transfer of any long-term capital asset other than a residential house. This means if you sell an asset like gold, stocks, mutual funds, or commercial land and reinvest the proceeds into a residential house, you can avail this exemption.
Eligibility criteria
Conditions for availing Section 54F exemption
To avail the exemption under Section 54F, you need to file either ITR-2 or ITR-3 depending on your income type. The net consideration from such transfer has to be invested within a prescribed timeline in purchasing or constructing a single residential house property in India. Further, the assessee must not own more than one residential house on the date of transfer of original asset and should not acquire/construct any additional one during lock-in period.
Beneficiaries
Who can benefit?
The exemption under Section 54F can only be claimed by individuals and HUFs, not companies or LLPs. The asset sold must be a "Long-Term Capital Asset" (held for over 24 months for land/unlisted shares, or 12 months for listed shares) and not a residential house. The extent of exemption under this section is directly proportional to the extent of reinvestment of the net consideration.
Reinvestment timelines
Important timelines
The net sale consideration (total sale price minus transfer expenses) should be used to either purchase a house within one year before or two years after the sale, or construct one within three years after the sale. To claim benefit under Section 54F, the assessee must not own more than one residential house. This ensures that taxpayers can effectively offset their long-term capital gains through structured reinvestment into residential real estate.