Capital Gains Tax on Sale
1. Capital Gains Tax on
Sale of House Property vs. Land
Criteria |
House Property (Building
& Land) |
Vacant Land (Plot of
Land) |
Holding
Period for LTCG |
More
than 24 months (Long-Term) |
More
than 24 months (Long-Term) |
Holding
Period for STCG |
≤ 24
months
(Short-Term) |
≤ 24
months
(Short-Term) |
STCG
Tax Rate |
As per
Slab Rate |
As per
Slab Rate |
LTCG
Tax Rate |
20%
with Indexation |
20%
with Indexation |
Indexation
Benefit |
✅
Available |
✅
Available |
Exemptions
Available |
Section
54
(Reinvestment in house) & Section 54EC (Bonds) |
Only
Section 54F
(Reinvestment in house) & Section 54EC (Bonds) |
🔹 Key Difference in Exemptions
- House Property: Eligible for Section 54, allowing reinvestment in another
residential house to save tax.
- Land: Not
eligible for Section
54. Only Section 54F applies, which requires
reinvesting the entire sale proceeds into a house (not
just capital gains).
2. Income Tax on Rental Income from House vs. Land
If the asset is not sold but earns
income, the tax treatment is different.
Criteria |
House Property (Rented Out) |
Vacant Land (Leased for Rent/Income) |
Taxable Under |
Income from House Property (Section 22-24) |
Income from Other Sources (Section 56) |
Standard Deduction |
30% of
Net Annual Value |
❌
No Standard Deduction |
Interest Deduction on Loan |
✅
Allowed (up to ₹2
lakh for Self-Occupied, Unlimited for Let-Out) |
❌
Not Allowed |
Depreciation (If Business Asset) |
✅
Allowed |
✅
Allowed |
🔹 Key Difference in Rental Income
- House property rental
income gets a 30% standard deduction, but land rental does not.
- Interest on a home loan for a house is deductible, but interest on a loan for land is not
deductible under house property income.
3. Tax Implications on Gift/Inheritance of House vs. Land
If house property or land is gifted or inherited,
tax treatment is different.
Criteria |
House Property |
Land |
Tax on Gift Received |
No tax if received from relatives |
No tax if received from relatives |
Tax on Sale After Inheritance |
Capital
Gains apply (cost of previous owner considered) |
Capital
Gains apply (cost of previous owner considered) |
Disclaimer : Prepared for Education Purpose
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