Archive · 29 Nov 2025
Tax Rules for Claiming 54 and 54F Exemptions on Under Construction Homes
When you sell a house or mutual funds and make a profit, you might have to pay taxes on that profit.
But there are special rules in India that let you avoid some of these taxes if you use the money to buy a new house.
These rules are called Sections 54 and 54F.
You can use both rules at the same time, but only if the money comes from different things, like selling a house and selling mutual funds.
If the new house is still being built, you have up to three years to finish it.
You also need to put any extra money into a special account called the Capital Gains Account Scheme.
There is a limit of 10 crore rupees on how much tax you can avoid in a year.
If the builder is late, that's okay as long as you did your part on time.
You need to keep all your papers to show you followed the rules.
Taxpayers can claim exemptions under Sections 54 and 54F simultaneously for different capital gains events.
For under-construction properties, taxpayers have up to three years from the sale date to complete construction.
Unutilized capital gains must be deposited in the Capital Gains Account Scheme (CGAS) before filing the tax return.
The combined exemption for both sections is capped at Rs 10 crore per financial year.
Supporting documentation, including builder receipts and RERA complaints, is essential to validate the exemption claims.
- Who
- Taxpayers selling property or redeeming investments
- What
- Claiming exemptions under Sections 54 and 54F of the Income Tax Act
- When
- When reinvesting capital gains in a new residential house
- Where
- India
- Why
- To avoid capital gains tax on the sale of property or mutual funds
- Sections 54 and 54F
- Exemptions under the Income Tax Act for capital gains
- Simultaneous Claims
- Allowed for different transactions if conditions are met
- Under-Construction Property
- Taxpayers have up to 3 years to complete construction
- Capital Gains Account Scheme (CGAS)
- Mandatory for unutilized capital gains in under-construction properties
- Rs 10 Crore Cap
- Combined exemption limit per financial year for both sections
- Supporting Documentation
- Includes allotment letters, builder receipts, CGAS deposit slips, and RERA complaints
- Key Ruling
- ACIT vs Vinay Girish Bajpai (ITAT Mumbai) supports exemption despite builder delays