Indexation amendment on long-term property transactions to offer flexibility for sellers

New Delhi: Industry experts on Wednesday hailed the government's decision to introduce an amendment to long-term capital gains (LTCG) tax on real estate transactions, saying the move will offer flexibility for sellers.

Paying heed to the industry's demand, the government on Tuesday moved an amendment to the Finance Bill 2024, to allow taxpayers to select either a 12.5 per cent long-term capital gains (LTCG) tax rate without indexation or a 20 per cent rate with indexation for property acquired before July 23 this year.

Experts said this amendment is expected to stimulate investment and sales in the housing market by potentially reducing the tax burden on sellers.

“It reflects a progressive approach by the finance minister to encourage growth in the real estate sector,” said Shishir Baijal, Chairman and Managing Director, Knight Frank India.

The move offers flexibility for sellers, who can now choose the option that best suits their financial situation and the extent of their property's appreciation.

While the 12.5 per cent rate may seem immediately attractive, the decision to opt for it or the 20 per cent rate with indexation should be made after careful consideration of individual circumstances.

“Ideally, if a property's value has significantly outpaced inflation, the 12.5 per cent rate might be more beneficial,” said Baijal.

Nitin Bavisi, CFO, Ajmera Realty and Infra India, said overall, this move is set to greatly benefit the real estate sector and its stakeholders, fuelling robust growth and dynamic expansion across the industry.

However, indexation could be advantageous in cases where property appreciation is closer to the inflation rate.

According to the amendment, “in the case of transfer of a long-term capital asset, being land or building or both, by an individual or HuF (Hindu Undivided Family), which is acquired before the 23rd day of July 2024, the taxpayer can compute his taxes under the new scheme (12.5 per cent without indexation) and old scheme (20 per cent with indexation) and pay such tax which is lower of the two”.

Indexation adjusts the purchase price of an asset for inflation, thereby reducing the gains and ultimately the tax liability.

Finance Minister Nirmala Sitharaman, while presenting the Union budget, announced that the tax on LTCG had been slashed to 12.5 per cent from 20 per cent. However, the indexation benefit on real estate transactions for properties bought in and after 2001 was scrapped.