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Capital gains on selling property: every question, answered

LTCG/STCG, indexation choices, reinvestment exemptions, inherited property and TDS on sale.

Last updated 2026-06-15 · Covers FY 2025-26 and FY 2026-27

Plain-language answers, reviewed for publication.

Each question has a shareable anchor, a verdict-first answer, and links into the calculators, calendar, glossary or sibling guide pages where relevant.

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  1. A · LTCG, STCG and the 2024 change
  2. B · Exemptions and reinvestment
  3. C · Cost, ownership and special cases
  4. D · TDS on property sale

A · LTCG, STCG and the 2024 change

1Sold a flat bought in 2010 — indexation or 12.5%, which applies?

For property sold after the 2024 change, the applicable rate/indexation route depends on the acquisition date and transition rules. Older residential property may have a grandfathered comparison or option in some cases, while newer transfers may follow the revised long-term capital gains rate without indexation. Compute both only where the law permits an option.

2How do I decide whether a property gain is long-term or short-term?

The holding period decides LTCG vs STCG, but property dates can be fact-sensitive. Agreement date, allotment date, possession date and registration date can matter differently depending on the facts and case law. Under-construction flats need special care before deciding the holding period.

3Does the new 12.5% property rate remove indexation for everyone?

For property sold after the 2024 change, the applicable rate/indexation route depends on the acquisition date and transition rules. Older residential property may have a grandfathered comparison or option in some cases, while newer transfers may follow the revised long-term capital gains rate without indexation. Compute both only where the law permits an option.

B · Exemptions and reinvestment

4How long do I have to reinvest under section 54?

Reinvestment relief is available only when the section-specific conditions are met. Section 54, 54EC and 54F work differently on eligible asset, investment window, lock-in and amount of exemption. If the new asset is not purchased/constructed before the return due date, the Capital Gains Account Scheme may be needed.

5Can I buy two flats with one sale's gains?

Reinvestment relief is available only when the section-specific conditions are met. Section 54, 54EC and 54F work differently on eligible asset, investment window, lock-in and amount of exemption. If the new asset is not purchased/constructed before the return due date, the Capital Gains Account Scheme may be needed.

6Where do I park gains if I have not bought yet?

Property capital gains need a document-led computation. Start with sale deed, purchase deed, improvement invoices, loan/possession papers, TDS challans and reinvestment proofs, then apply the rate, indexation and exemption rules for that transfer year.

754EC bonds or another house — which exemption fits?

Reinvestment relief is available only when the section-specific conditions are met. Section 54, 54EC and 54F work differently on eligible asset, investment window, lock-in and amount of exemption. If the new asset is not purchased/constructed before the return due date, the Capital Gains Account Scheme may be needed.

C · Cost, ownership and special cases

8Inherited property — what is my cost of acquisition?

For inherited or gifted property, the previous owner's cost and holding period usually flow through. You still need documents for acquisition cost, improvement cost, fair value where relevant, and the chain of ownership. Missing papers are common, so reconstruct evidence before filing.

9We are joint owners — is the gain split 50:50?

Split the gain based on real ownership, not automatically 50:50. If the sale deed, funding and ownership records show equal ownership, equal split is natural. If one person funded more or ownership shares differ, the tax split should follow the evidence.

10Sold before builder possession — LTCG or STCG?

The holding period decides LTCG vs STCG, but property dates can be fact-sensitive. Agreement date, allotment date, possession date and registration date can matter differently depending on the facts and case law. Under-construction flats need special care before deciding the holding period.

11Can I set property loss against share gains?

Property capital gains need a document-led computation. Start with sale deed, purchase deed, improvement invoices, loan/possession papers, TDS challans and reinvestment proofs, then apply the rate, indexation and exemption rules for that transfer year.

D · TDS on property sale

12Buyer deducted 1% TDS — how do I claim it?

Property-sale TDS depends heavily on whether the seller is resident or non-resident. Resident-seller cases commonly involve 1% TDS under Form 26QB above the threshold; NRI-seller cases fall under section 195 and can be much higher unless a lower-deduction certificate is obtained.

13I am an NRI selling in India — why is TDS so high?

Property-sale TDS depends heavily on whether the seller is resident or non-resident. Resident-seller cases commonly involve 1% TDS under Form 26QB above the threshold; NRI-seller cases fall under section 195 and can be much higher unless a lower-deduction certificate is obtained.

14What if the buyer forgot to file Form 26QB?

Property-sale TDS depends heavily on whether the seller is resident or non-resident. Resident-seller cases commonly involve 1% TDS under Form 26QB above the threshold; NRI-seller cases fall under section 195 and can be much higher unless a lower-deduction certificate is obtained.

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This guide is general information for understanding the topic, not advice on your specific situation, and not solicitation of work. Tax positions turn on your full facts and on the law in force for the relevant year. Confirm your position with a qualified professional before acting.