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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