FAQ · Taxation

Property Tax and Capital Gains: FAQs for Sellers and Investors

The Finance Act 2024 reset how property gains are taxed in India, and most sellers are still working from outdated assumptions. This page answers the tax questions that determine what an owner actually nets on sale.

LTCG rate, no indexation
12.5%
TDS u/s 194-IA above ₹50L
1%
Holding period for LTCG
24m
Sections governing exemption
2

What the data says

  • Property held over 24 months qualifies for long-term capital gains; shorter holds are taxed as short-term gains at slab rate.
  • Post-Finance Act 2024, LTCG on property is taxed at a flat 12.5% without the indexation benefit that previously applied.
  • TDS under Section 194-IA at 1% applies to any buyer purchasing property above ₹50 lakh, regardless of the seller's residency status.

How EstateVeda executes this

  • Pre-sale gain estimation using acquisition cost, improvement cost and eligible deductions.
  • TDS compliance coordination between buyer and seller before registration.
  • Exemption structuring under Section 54/54EC where reinvestment is planned.
  • Filing support to claim TDS credit and reconcile actual tax liability.

Risks we underwrite against

  • Assuming the old indexation-based 20% regime still applies and mispricing the exit.
  • Missing the reinvestment window for Section 54 exemption, which is time-bound.

EstateVeda verdict

Model the tax outcome before you list the property, not after the sale deed is signed — the exemption windows are time-bound and cannot be claimed retroactively.

Frequently asked questions

What is the current LTCG tax rate on property in India?

Following the Finance Act 2024, long-term capital gains on property sold are taxed at a flat 12.5% without indexation benefit, for transfers made on or after 23 July 2024.

What counts as long-term versus short-term capital gains on property?

Property held for more than 24 months before sale qualifies as long-term. Property sold within 24 months of purchase is taxed as short-term capital gains at the seller's applicable slab rate.

How much TDS is deducted when I sell property above ₹50 lakh?

Under Section 194-IA, the buyer must deduct 1% TDS on the sale consideration (or stamp duty value, if higher) for any property transaction exceeding ₹50 lakh, and deposit it against the seller's PAN.

Can I still use indexation to reduce my capital gains?

For property acquired before 23 July 2024, resident individuals retain a choice between 12.5% without indexation and 20% with indexation, whichever results in lower tax; property acquired after that date follows the 12.5% flat rate only.

How can I save capital gains tax on property sale?

Reinvesting the gain in another residential property under Section 54, or in specified capital gains bonds under Section 54EC within the prescribed timelines, can substantially reduce or eliminate the tax liability.

Is property tax the same as capital gains tax?

No. Municipal property tax is an annual charge paid to the local authority for owning property. Capital gains tax is a one-time income tax on the profit made when the property is sold.

Do I pay tax on rental income and capital gains separately?

Yes. Rental income is taxed annually under "income from house property" at slab rate after standard deduction, while capital gains tax applies only in the year of sale, on the profit realised.

What documents do I need to compute capital gains correctly?

The original purchase agreement, payment proof, cost of any capital improvements, sale agreement, and stamp duty valuation at both purchase and sale are needed to compute the taxable gain accurately.

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