Tax Centre · Exemptions

Section 54: Reinvesting Property Gains Without Paying Tax

Section 54 is the most used and most botched exemption in Indian real estate. The rule is simple; the timelines are unforgiving.

Exemption cap
₹10 Cr
To purchase
2 yr
To construct
3 yr
Prior purchase allowed
1 yr

What the data says

  • Applies to long-term gains from a residential house reinvested in one residential house in India.
  • Purchase within 1 year before or 2 years after sale; construction within 3 years.
  • Unutilised gains must sit in a Capital Gains Account Scheme deposit before the return filing due date.

How EstateVeda executes this

  • Timeline mapping from the registration date, not the agreement date.
  • CGAS account opening where reinvestment will straddle a financial year.
  • Documentation pack assembled at claim time, not at assessment time.
  • Lock-in monitoring — selling the new property within 3 years reverses the exemption.

Risks we underwrite against

  • Parking gains in a savings account instead of CGAS and losing the exemption entirely.
  • Buying a second house where Section 54F conditions (which bar multiple houses) apply.
  • Under-construction purchases where possession slips beyond the 3-year window.

EstateVeda verdict

Decide the reinvestment route before you register the sale. After registration your options narrow every month.

Frequently asked questions

What is the Section 54 limit?

The exemption is capped at ₹10 crore of capital gains reinvested in one residential house in India.

Can I claim Section 54 for an under-construction flat?

Yes, provided construction completes within 3 years of the transfer date. Delayed possession is the most common reason claims fail at assessment.

What is the Capital Gains Account Scheme?

A designated bank deposit where unutilised gains must be parked before the income-tax return due date to preserve the exemption until reinvestment.

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