3 yrs completion crucial for navigating LTCG tax uncertainty
ECONOMY & POLICY

3 yrs completion crucial for navigating LTCG tax uncertainty

Amidst the increasing trend of residential properties undergoing redevelopment, both homeowners and developers grapple with uncertainty regarding the applicability of long-term capital gain (LTCG) tax to such projects.

Experts advise that housing societies include a stipulation in their agreements with builders, ensuring that the redevelopment project is concluded within three years. Beyond this timeframe, the income tax department may impose long-term capital gain tax obligations.

Conversely, some experts argue that taxpayers should not be held accountable for delays caused by developers.

Sandeep Trivedi, a member of the Housing Apartment Redevelopment Federation, expressed, "Many societies opt for redevelopment, but members are uncertain about the LTCG impact. Some experts assert that the project must be completed within three years for LTCG exemptions, while others contend that redevelopment deals are exempt from LTCG altogether. Additionally, we urge the state government to grant stamp duty exemptions for redevelopment."

Tax expert Mukesh Patel explained, "Under Section 54 of the Income Tax Act, LTCG exemptions apply if a house property is purchased within three years of selling the old house, a provision that can extend to redevelopment. In such cases, the cost of the old house, adjusted for indexation, and the price of the new house at the agreement date are considered, potentially leading to LTCG tax demands by the income tax department. However, homeowners can argue that they have entered into a development agreement with the builder, absolving them of liability for delays. To ensure security, society members should insist on a clause specifying project completion within 36 months in the agreement."

CA Jainik Vakil, chairman of GCCI direct tax committee, reassured, "If a redevelopment project exceeds the 36-month limit, LTCG issues may arise, but members need not overly concern themselves. Such deals often lack consideration, and there are various court judgments supporting homeowners."

Amidst the increasing trend of residential properties undergoing redevelopment, both homeowners and developers grapple with uncertainty regarding the applicability of long-term capital gain (LTCG) tax to such projects. Experts advise that housing societies include a stipulation in their agreements with builders, ensuring that the redevelopment project is concluded within three years. Beyond this timeframe, the income tax department may impose long-term capital gain tax obligations. Conversely, some experts argue that taxpayers should not be held accountable for delays caused by developers. Sandeep Trivedi, a member of the Housing Apartment Redevelopment Federation, expressed, Many societies opt for redevelopment, but members are uncertain about the LTCG impact. Some experts assert that the project must be completed within three years for LTCG exemptions, while others contend that redevelopment deals are exempt from LTCG altogether. Additionally, we urge the state government to grant stamp duty exemptions for redevelopment. Tax expert Mukesh Patel explained, Under Section 54 of the Income Tax Act, LTCG exemptions apply if a house property is purchased within three years of selling the old house, a provision that can extend to redevelopment. In such cases, the cost of the old house, adjusted for indexation, and the price of the new house at the agreement date are considered, potentially leading to LTCG tax demands by the income tax department. However, homeowners can argue that they have entered into a development agreement with the builder, absolving them of liability for delays. To ensure security, society members should insist on a clause specifying project completion within 36 months in the agreement. CA Jainik Vakil, chairman of GCCI direct tax committee, reassured, If a redevelopment project exceeds the 36-month limit, LTCG issues may arise, but members need not overly concern themselves. Such deals often lack consideration, and there are various court judgments supporting homeowners.

Next Story
Infrastructure Urban

CFI Appoints New National Council for FY27 and FY28

The Construction Federation of India (CFI) has announced its newly elected National Council and office bearers for a two-year term covering FY27 and FY28. M. V. Satish, Advisor to CMD and Lead Ambassador for Middle East, L&T, has been elected President; Priti Patel, Chief Strategy & Growth Officer, Tata Projects, has been appointed Vice President; and Ajit Bhate, Managing Director, Precast India Infrastructures, has taken charge as Treasurer.The newly formed National Council brings together senior leaders from major EPC and infrastructure companies, reflecting CFI’s continued focus o..

Next Story
Infrastructure Urban

India REIT Market Gains Momentum with Strong Returns

India’s Real Estate Investment Trust (REIT) market is witnessing strong growth, emerging as a competitive investment avenue both domestically and across Asia. According to a recent ANAROCK report released at EXCELERATE 2026 by NAREDCO Maharashtra NextGen, the sector is evolving into a mature asset class driven by solid fundamentals, regulatory backing and rising investor confidence.The introduction of Small and Medium REITs (SM REITs) in 2025 has further widened access through fractional ownership, unlocking a potential monetisation opportunity of Rs 670–710 billion. Indian REITs have deli..

Next Story
Infrastructure Energy

G R Infraprojects Secures Rs 4,130 Million BESS Contract From NTPC

G R Infraprojects said it has secured a contract from NTPC to supply and implement a battery energy storage system (BESS) valued at Rs 4,130 million (mn). The company reported the order was awarded as part of NTPC's ongoing efforts to enhance grid flexibility and energy storage capacity. The contract represents a notable addition to the firm's project pipeline and underscores demand for utility scale storage solutions. The award is expected to strengthen G R Infraprojects' presence in the energy infrastructure sector and to contribute to the firm's order book and future revenues, subject to st..

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement

Advertisement

Advertisement