What Budget 2024 changed about property LTCG

Before 23 July 2024, LTCG on Indian immovable property was uniformly taxed at 20% with indexation. The cost of acquisition was inflated using the Cost Inflation Index (CII) before computing gain. The Finance (No. 2) Act 2024 fundamentally changed this.

The new rules effective from 23 July 2024:

The most common misconception Many sellers think indexation is gone entirely. That's true for equity and most other assets — but NOT for real estate purchased before 23 July 2024. Older property sellers still get the choice. The choice can save you ₹3-10 lakh on a typical metro sale.

The dual-regime decision tree

For property acquired before 23 July 2024, the decision is simple in principle: compute tax under both methods, pick the lower. In practice, the math depends on three things: how long you held the property, how much it appreciated relative to inflation, and whether you've made improvements (which also get indexed).

Method A — 12.5% without indexation

Capital gain = Sale price (less transfer costs) − (Purchase price + Improvements).

Tax = 12.5% × Gain + 4% Health & Education Cess.

Method B — 20% with indexation (pre-cutoff property only)

Indexed cost of acquisition = Purchase price × (CII of sale year ÷ CII of purchase year).

Indexed improvement = Improvement cost × (CII of sale year ÷ CII of improvement year).

Indexed gain = Sale price − Indexed cost − Indexed improvement.

Tax = 20% × Indexed gain + 4% Health & Education Cess.

Rule of thumb for which method wins Old properties (purchased before 2015) almost always favor 20% with indexation — the CII has nearly quadrupled since FY 2001-02, so indexation wipes out 60-80% of the headline gain. Properties bought 2015-2024 depend on appreciation rate vs inflation. Recent purchases (post 23 July 2024) only have Method A available.

The CII table you need

The Cost Inflation Index is notified annually by CBDT. Base year is FY 2001-02 with CII = 100. For FY 2025-26 (sales between April 2025 and March 2026), the CII is 376 per CBDT Notification 70/2025 dated 1 July 2025. FY 2026-27 has not yet been notified.

FYCIIFYCIIFYCIIFYCII
2001-021002007-081292013-142202019-20289
2002-031052008-091372014-152402020-21301
2003-041092009-101482015-162542021-22317
2004-051132010-111672016-172642022-23331
2005-061172011-121842017-182722023-24348
2006-071222012-132002018-192802024-25363
Latest:2025-26376

Four worked examples

Example 1 — Old Pune flat where indexation wins big

You bought a Pune flat in FY 2010-11 for ₹30 lakh. You spent ₹5 lakh on renovation in FY 2015-16. In January 2026 you sold it for ₹95 lakh, paying ₹1 lakh in brokerage.

Method A — 12.5% without indexation
Net sale (after brokerage)₹94,00,000
Less: Cost + improvement₹35,00,000
Gain₹59,00,000
Tax @ 12.5% + 4% cess₹7,67,000
Method B — 20% with indexation
Indexed cost (₹30L × 376/167)₹67,54,491
Indexed improvement (₹5L × 376/254)₹7,40,157
Net sale₹94,00,000
Indexed gain₹19,05,352
Tax @ 20% + 4% cess₹3,96,313

Method B wins by ₹3,70,687. Indexation slashed the headline gain from ₹59L to ₹19L because the CII more than doubled (167 → 376) in 15 years. Even with the higher 20% rate, the smaller base wins.

Example 2 — Recent purchase where indexation is unavailable

You bought a Bangalore flat in August 2024 (post-cutoff) for ₹55 lakh. In January 2026 you sell it for ₹85 lakh, paying ₹50,000 in brokerage. Holding period: 17 months — but wait, that's less than 24 months, which means STCG, not LTCG.

STCG warning With holding less than 24 months, the gain is short-term and taxed at your income tax SLAB rate (5/20/30% plus surcharge plus cess). At 30% slab the tax on a ₹29.5L gain would be ~₹9.2 lakh. Holding for one more year and converting to LTCG would save ~₹5 lakh in tax. The 24-month milestone is one of the most expensive decisions in property exit.

Example 3 — Plot sale + Section 54F reinvestment in a house

You bought a Goa plot in FY 2012-13 for ₹15 lakh. You sell it for ₹60 lakh in FY 2025-26 with ₹50,000 brokerage, then reinvest ₹55 lakh in a Bangalore residential flat within the same year.

This qualifies for Section 54F because: (a) it's a long-term sale of an asset other than a residential house, (b) you reinvested the proceeds into a residential house within 1 year, and (c) you don't own more than one other residential house.

Method A — 12.5% (winner here)
Net sale₹59,50,000
Less: Purchase₹15,00,000
Gain₹44,50,000
Section 54F exemption (pro-rata)
Reinvestment in new house₹55,00,000
Pro-rata exemption = gain × (new ÷ sale)₹44,50,000 × (55/59.5) = ₹41,13,445
Taxable LTCG₹3,36,555
Final tax @ 12.5% + cess₹43,752

Effective rate on the original ₹44.5L gain: 1.0%. Section 54F essentially eliminates the tax when you fully reinvest into another residential house.

Example 4 — Combining Sec 54 + Sec 54EC for zero tax

You bought a Mumbai flat in FY 2007-08 for ₹40 lakh. You sell it for ₹2.2 crore in FY 2025-26 with ₹3 lakh in brokerage. You buy a new flat for ₹1.6 crore (qualifies for Sec 54) AND invest ₹50 lakh in NHAI bonds within 6 months (qualifies for Sec 54EC).

Tax computation
Net sale₹2,17,00,000
Indexed cost (₹40L × 376/129)₹1,16,59,690
Indexed gain (Method B)₹1,00,40,310
Less: Sec 54 (new house)₹50,40,310
Less: Sec 54EC bonds₹50,00,000
Taxable LTCG₹0
Final taxZero

Stacking Sec 54 + Sec 54EC on the same sale is legal and common practice. The key is that Sec 54EC is capped at ₹50L per FY and the bonds must be purchased within 6 months of the sale date. The 5-year lock-in on the bonds is the trade-off.

Run your own LTCG numbers

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Sections 54, 54F, 54EC — the three exemption levers

Section 54 — Residential house → another residential house

Section 54F — Any other long-term asset → residential house

Section 54EC — LTCG → specified bonds

Stacking the exemptions Section 54 (or 54F) and Section 54EC can be claimed on the SAME sale, applied to different portions of the gain. A ₹1 crore residential LTCG can go fully tax-free: ₹50L into 54EC bonds + ₹50L into a new residential house under Sec 54. No double-dipping on the same amount, but stacking is legal and common.

The exit strategy framework

If you're planning a property sale, work through these decisions in order:

  1. Verify holding period. Less than 24 months means STCG at slab rate (5/20/30%), no exemption sections available. Often worth delaying the sale by a few months to convert to LTCG and access 12.5%/20% rates plus exemptions.
  2. Check acquisition date vs 23 July 2024. Pre-cutoff: dual-regime available, choose lower tax. Post-cutoff: 12.5% only.
  3. Compute both methods. Use the calculator or work through the CII math manually. The savings can be ₹3-10 lakh on metro sales.
  4. Plan reinvestment timing. Sec 54/54F windows are 1 year before OR 2 years after for purchase, 3 years for construction. Sec 54EC must be within 6 months. If you can't reinvest immediately, park the gain in a Capital Gains Account Scheme (CGAS) at any nationalised bank before the ITR filing due date.
  5. Stack exemptions where possible. ₹50L into 54EC bonds plus a 54/54F house investment can cover most metro LTCGs entirely.
  6. Check the surcharge layer. If your total income (LTCG plus other income) exceeds ₹50L, surcharge applies. Surcharge on LTCG is capped at 15% (Budget 2022) but full slabs apply to other income.
  7. File correctly. Report under "Income from House Property" — actually under "Capital Gains" in ITR. Mention all exemption claims with supporting documents (purchase deed, sale deed, new house registration, bond certificates, CGAS deposit receipt).

Six expensive mistakes property sellers make

  1. Selling at month 23 instead of month 24. The 24-month threshold is hard. A few weeks of patience can save 30-50% of the tax bill.
  2. Not computing both regime methods. Defaulting to 12.5% no-indexation because "indexation was removed." Wrong for pre-cutoff property — choice still exists.
  3. Missing the Sec 54EC 6-month window. The most common mistake. Bond investment MUST be within 6 months of sale date. Day 181 — too late.
  4. Not parking gain in CGAS before ITR deadline. If you haven't reinvested by ITR filing date, deposit in a CGAS account at a nationalised bank. Otherwise the exemption claim is invalid.
  5. Inflating the cost of improvements without records. Improvements must be capital (kitchen renovation, new flooring, structural work) not maintenance. Keep paid invoices and bank transfer records. The Assessing Officer routinely disputes this.
  6. Forgetting the Sec 54F single-house condition. If you already own 2+ residential houses besides the one being purchased, Sec 54F is unavailable. Sec 54 (residential→residential) has no such condition.

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