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Property Capital Gains (With Indexation)

Gains on property held for more than 24 months are long-term and taxed at 12.5% without indexation. Resident individuals and HUFs selling property bought before 23 July 2024 can instead pay 20% with indexation, whichever is lower. The sale price is replaced by the stamp-duty value if that is more than 110% of the price, and the gain can be reduced to nil by reinvesting under Sections 54, 54F or 54EC.

Long-term after
24 months
LTCG rate
12.5% (or 20% indexed)
Exemption options
54, 54F, 54EC
Property Capital Gains (with Indexation)
LTCG on residential property — compare 20% with indexation vs 12.5% without (Budget 2024 options).
Property CG
Option A — 20% with Indexation
CII purchase (2018-19): 280 | CII sale (2024-25): 363
Indexed cost: ₹41,22,643
LTCG: ₹28,07,357
Tax + Cess: ₹5,83,930.29
₹5,83,930.29
Option B — 12.5% without Indexation
Lower Tax
Plain capital gain: ₹37,50,000
Tax + Cess: ₹4,87,500.00
₹4,87,500.00

For property purchased before July 23, 2024, you can choose the option that results in lower tax. For property purchased on or after July 23, 2024, only Option B (12.5% without indexation) applies. Exemptions under Section 54/54EC can reduce tax further. Consult a CA.

Computing the gain

StepWhat to use
Full value of considerationSale price, or stamp-duty value if higher by more than 10%
Less: transfer expensesBrokerage, legal fees
Less: cost of acquisitionPurchase price + stamp duty; FMV on 1 April 2001 for older property
Less: cost of improvementCapital improvements after 1 April 2001
= Capital gainLong-term if held > 24 months

Which rate to choose

  • Residents with pre-23-July-2024 purchases: compute both and pay the lower
  • NRIs and property bought after 23 July 2024: 12.5% without indexation
  • Short-term gains: slab rates
  • Inherited property: previous owner's cost and holding period count

Worked example: plot bought in 2012 for ₹25 lakh, sold in FY 2025-26 for ₹85 lakh

  1. 1Without indexation: gain ₹60 lakh × 12.5% = ₹7.5 lakh.
  2. 2With indexation: indexed cost = ₹25 lakh × 376 ÷ 200 (CII 2012-13) = ₹47 lakh; gain ₹38 lakh × 20% = ₹7.6 lakh.
  3. 3The resident seller pays the lower: ₹7.5 lakh (without indexation).

Tax ≈ ₹7.8 lakh with cess — or nil with full reinvestment under 54F/54EC.

Official sources

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