Mutual Fund

Capital Gains Exemption - List of Exemptions

When you sell a big asset like a house or an old plot of land, the tax bill can feel like a heavy burden. But here is a secret: the Indian government doesn't actually want to take all your profit if you are planning to reinvest that money back into the country’s growth. To encourage you to keep your money moving, the Income Tax Act provides special Exemptions.

Think of these exemptions as a Tax-Free Pass. If you use the money from your sale to buy a new home, invest in specific government bonds, or even fund a startup, the government says, Okay, since you are putting this money back into an asset, we won't charge you tax on it today. For 2026, while the tax rates have become simpler at 12.5%, knowing these exit gates is the best way to ensure your hard-earned wealth stays with you and your family.

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The Master List of Capital Gains Exemptions (2026)

In India, different Sections apply depending on what you sold and what you are buying next. Here is a summary of the most popular ways to save tax:

Section

What did you sell?

What should you buy?

Max Limit / Condition

Section 54

Residential House

Another Residential House

Up to ₹10 Crore gain

Section 54F

Any asset (Gold, Plot, etc.)

A Residential House

Up to ₹10 Crore reinvestment

Section 54EC

Land or Building

Specified Bonds (NHAI/REC)

₹50 Lakhs per year

Section 54B

Agricultural Land

New Agricultural Land

Cost of the new land

Section 54GB

Residential Property

Equity in an Eligible Startup

Must hold > 25% shares

1. Saving Tax on House Sale (Section 54)

This is the most common exemption. If you sell your home, you don't pay tax if you buy a new one.

  • The Rule: You must buy a new house 1 year before or 2 years after the sale. If you are building a house, you have 3 years.
  • Special 2026 Note: You can buy two houses with your profit if your total capital gain is below ₹2 Crores. This is a once-in-a-lifetime opportunity.
  • The Cap: The maximum exemption you can claim under this section is now capped at ₹10 Crores.

2. Selling Plots or Gold to Buy a Home (Section 54F)

If you sell anything other than a house (like gold, diamonds, or a vacant plot of land) and use that money to buy a house, you can save tax.

The Catch: Unlike Section 54, here you must invest the entire sale amount (net consideration), not just the profit, to get a full exemption.

Formula:
Exemption = Capital Gain × (Amount Invested ÷ Net Sale Consideration)

3. The Bond Option (Section 54EC)

If you don't want to buy another property, you can invest in Capital Gain Bonds.

  • Eligible Bonds: NHAI, REC, PFC, and IRFC.
  • Timeline: You must invest within 6 months of selling your property.
  • Lock-in: You cannot sell these bonds or take a loan against them for 5 years.
  • Limit: You can only invest up to ₹50 Lakhs in these bonds in a single financial year.

The Capital Gains Account Scheme (CGAS)

What if the deadline to buy a new house is approaching, but you haven't found the right home yet?

Don't worry. Before you file your Income Tax Return (usually July or September), you can deposit your profit into a Capital Gains Account in any nationalized bank. The government will treat this as if you've already bought a house, and you won't have to pay tax that year. You then have 2 to 3 years to actually spend that money on your new home.

Frequently Asked Questions (FAQs)

Can I buy a house outside India to save tax?

No. To claim these exemptions, the new house must be located in India.

What happens if I sell the new house within 3 years?

If you sell the new house early, the tax benefit you received earlier will be taken back (revoked), and you will have to pay tax on it in the year of the new sale.

Is there a limit on how many times I can use Section 54?

You can use it as many times as you sell a house and buy a new one, but the two houses for one rule is a one-time-only benefit.

Can I use the money to pay off my existing home loan?

Technically, no. The law says you must purchase or construct a house. Paying a loan on a house you already owned before the sale doesn't usually qualify.

Are 54EC bonds tax-free?

The investment saves you capital gains tax, and the maturity amount after 5 years is tax-free. However, the interest you earn every year (usually around 5.25%) is taxable as per your slab.

Can I invest in a startup to save tax?

Yes, under Section 54GB, if you sell a house and invest the money in the equity shares of an eligible startup (recognized by DPIIT), you can claim an exemption.

Can I claim Section 54 and 54EC together?

Yes! If you made a ₹70 Lakh profit, you can put ₹50 Lakh in bonds (54EC) and use the remaining ₹20 Lakh to buy a house (54).

Is the ₹1.25 Lakh exemption separate from these?

Yes. The ₹1.25 Lakh exemption is a general free limit for shares and mutual funds. These Sections (54, 54F, etc.) are extra benefits mostly for property and large assets.

What is the 10 Crore cap?

From 2023-24 onwards, even if you buy a palace worth ₹50 Crores, the government will only give you a maximum tax deduction of ₹10 Crores under Sections 54 and 54F.

Do I need a CA to claim these?

While you can do it yourself, it is highly recommended to consult a professional, especially for the Capital Gains Account Scheme, as the paperwork must be perfect to avoid a tax notice.