Capital Gains Tax on Selling Property in Bangalore: Sections 54, 54EC and 54F
The profit made on selling a flat, house or plot is taxed as a capital gain. The holding period decides the rate, and the law offers three ways to reduce the tax by reinvesting. This guide covers the rates that apply to a sale in 2026-27, the choice open to those whose purchase dates from before 23 July 2024, and the exemptions known as sections 54, 54EC and 54F.
Short-Term or Long-Term: The 24-Month Line
Land and buildings become long-term capital assets once the owner has held them beyond 24 months. A sale within 24 months gives a short-term gain, which is added to the seller's income and taxed at the slab rate. Waiting a few weeks to cross the 24-month mark therefore changes the tax on the same profit.
The period is counted from the date of acquisition to the date of sale. For an inherited or gifted property, the time for which the previous owner held it is included, and that owner's cost is taken as the cost.
How the Gain Is Calculated
Tax is charged on the gain and never on the full sale price. The gain is the sale price reduced by the items listed below.
- The purchase price, with the stamp duty and registration fee paid at that time
- The cost of improvements, such as an added floor or a major renovation, backed by bills
- Expenses of the sale, such as brokerage and legal fees
For a property acquired before 1 April 2001, the fair market value on that date may be used as the cost. The guidance value also matters to the seller. Where it is more than 110% of the price in the sale deed, tax is calculated on the guidance value.
The Tax Rate on a Long-Term Gain
A long-term gain on property is taxed at 12.5% without indexation, a rule in place for sales since 23 July 2024. Indexation is the adjustment of the purchase cost for inflation by means of the Cost Inflation Index. A 4% health and education cess is added to the tax, along with a surcharge at higher incomes.
Resident individuals and Hindu undivided families who acquired the property before 23 July 2024 have a choice. They may calculate the tax at 20% with indexation and pay whichever amount is lower. Property bought on or after that date is taxed only at 12.5%.
Two examples with the 2026-27 index
Take a flat bought in 2016-17 for Rs. 70 Lakhs and sold in 2026-27. The Cost Inflation Index is 264 for the year of purchase and 384 for 2026-27, so the indexed cost is about Rs. 101.8 Lakhs. The two methods are compared below at two sale prices, before cess.
| Sale price | 12.5% without indexation | 20% with indexation | Lower tax |
|---|---|---|---|
| Rs. 1.8 Crore | Gain Rs. 110 Lakhs, tax Rs. 13.75 Lakhs | Gain Rs. 78.2 Lakhs, tax about Rs. 15.64 Lakhs | 12.5% method |
| Rs. 1.3 Crore | Gain Rs. 60 Lakhs, tax Rs. 7.5 Lakhs | Gain Rs. 28.2 Lakhs, tax about Rs. 5.64 Lakhs | Indexation method |
The pattern holds in general. A property that has risen sharply in price is usually better off at 12.5%, while one that has risen slowly over many years gains from indexation. Both sums should be worked out before the return is filed.
Section 54: Buying Another House
Section 54 applies when an individual or Hindu undivided family sells a residential house and buys or builds another in India. The long-term gain is exempt up to the amount spent on the new house. Where the gain is Rs. 60 Lakhs and the seller buys a new home for Rs. 60 Lakhs or more, no capital gains tax is due. The conditions are listed below.
- Purchase within one year before the sale or two years after it, or construction completed within three years
- One new house, with a once-in-a-lifetime option of two houses when the gain is Rs. 2 Crore or less
- A ceiling of Rs. 10 Crore on the cost of the new house that counts for the exemption
- A three-year holding of the new house, failing which the exemption is reversed
Since 1 April 2026 this relief has been carried in section 82 of the Income-tax Act, 2025, with the same conditions. Most people still call it section 54, the number it had in the 1961 Act.
Section 54EC: Capital Gains Bonds
A seller who has no plan to buy another house may invest the gain in specified bonds. The limit is Rs. 50 Lakhs, and the money must be invested no later than six months from the sale date. The bonds are locked in for five years, and the interest they pay is taxable.
The eligible bonds are issued by government-owned companies such as REC, Power Finance Corporation and Indian Railway Finance Corporation. Bonds of HUDCO and IREDA were added to the list in 2025. This route suits a gain of up to Rs. 50 Lakhs, and a larger gain may be split between bonds and a new house.
Section 54F: Selling a Plot or Other Asset
Section 54 covers only the sale of a residential house. A long-term gain on a plot, a BDA site or a commercial unit falls under section 54F, now section 86 of the 2025 Act. The time limits and the Rs. 10 Crore ceiling are the same, but two conditions are stricter.
The whole net sale price, and not the gain alone, must go into the new house for a full exemption. A smaller investment gives a proportionate exemption. The seller must also own no more than one other residential house on the date of sale.
The Capital Gains Account Scheme
The new house is often bought after the income tax return for the year of sale is due. The amount still to be spent must then be deposited in a Capital Gains Account Scheme account with an authorised bank before the due date of the return. Withdrawals from that account are used only for the purchase or construction.
Money left unused is taxed as a capital gain of the year in which three years from the sale end. The deposit is therefore a promise to invest, and the exemption is lost to the extent it is broken.
TDS and Advance Tax
A buyer deducts 1% of the price as tax when a property sold by a resident costs Rs. 50 Lakhs or more. The seller sees this credit in the annual tax statement and sets it against the final tax. Where the seller is a non-resident, the buyer deducts tax on the gain at the applicable rate, and NRI sellers often apply for a lower deduction certificate first.
The balance of the tax is due as advance tax in the instalment that follows the sale. A seller who plans to claim an exemption counts only the gain that will remain taxable.
Records and Timing for a Bangalore Seller
A seller in Bangalore should gather the papers that prove the cost before signing the sale agreement. The useful ones are listed below.
- The original sale deed and the stamp duty and registration receipts
- Bills and bank records for construction and improvements
- The brokerage invoice and legal fee receipts for the sale
- The allotment letter or builder agreement, which may fix the date of acquisition
The dates deserve equal care. The sale should fall once 24 months are complete, the bond investment within six months, and the deposit in the account scheme before the return is due. A chartered accountant's calculation before the sale deed is worth the fee, since several of these choices cannot be reversed afterwards.