Your question: How can I avoid capital gains tax when selling a property in India?

Capital gains tax for property sold by NRI

How can I save my tax if I sell my property in India?

Exemptions from your Gains that Save Tax Section 54F (applicable in case its a long term capital asset)

  1. Purchase one house within 1 year before the date of transfer or 2 years after that.
  2. Construct one house within 3 years after the date of transfer.
  3. You do not sell this house within 3 years of purchase or construction.

How can I legally not pay capital gains tax?

Here are 10 ways to cut capital gains taxes, legally, as part of your tax toolkit.

  1. Hold properties for at least a year. …
  2. Move in for two years. …
  3. Use a 1031 exchange. …
  4. Invest through a self-directed IRA. …
  5. Keep records on capital improvements. …
  6. Sell assets when your income falls. …
  7. Reduce your taxable income. …
  8. Harvest losses.
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Can you avoid capital gains tax by buying another house in India?

However, to avoid tax on short-term capital gains, the only way out is to set it off against any short-term loss from the sale of other assets such as stocks, gold or another property. To plug tax leaks, the government has now made it mandatory for buyers to deduct TDS when they buy a house worth over Rs 50 lakh.

How can I reduce capital gains tax on property sale?

6 Strategies to Defer and/or Reduce Your Capital Gains Tax When You Sell Real Estate

  1. Wait at least one year before selling a property. …
  2. Leverage the IRS’ Primary Residence Exclusion. …
  3. Sell your property when your income is low. …
  4. Take advantage of a 1031 Exchange. …
  5. Keep records of home improvement and selling expenses.

Do seniors have to pay capital gains?

Seniors, like other property owners, pay capital gains tax on the sale of real estate. The gain is the difference between the “adjusted basis” and the sale price. … The selling senior can also adjust the basis for advertising and other seller expenses.

Do I need to pay tax if I sell my property in India?

If you are planning to sell your property, you’ll have to pay capital gain tax on the profit earned after considering the inflation and indexed cost of acquisition. … If you’re selling a property in India, the profits you earn are called Capital Gains.

What is the 2 out of 5 year rule?

The 2-out-of-five-year rule is a rule that states that you must have lived in your home for a minimum of two out of the last five years before the date of sale. … You can exclude this amount each time you sell your home, but you can only claim this exclusion once every two years.

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Do I have to report the sale of my home to the IRS?

You generally need to report the sale of your home on your tax return if you received a Form 1099-S or if you do not meet the requirements for excluding the gain on the sale of your home.

Do I have to buy another house to avoid capital gains?

In general, you’re going to be on the hook for the capital gains tax of your second home; however, some exclusions apply. … However, you have to prove that the second home is your primary residence. You also can’t get the exclusion if you have already sold a different house within 2 years of using the exclusion.

At what age can you sell your home and not pay capital gains?

The over-55 home sale exemption was a tax law that provided homeowners over the age of 55 with a one-time capital gains exclusion. The seller, or at least one title holder, had to be 55 or older on the day the home was sold to qualify.

How long do I have to buy another house to avoid capital gains?

A homeowner can make their second home as their primary residence for two years before selling and take advantage of the IRS capital gains tax exclusion. However, stipulations apply. Deductions for depreciation on gains earned prior to May 6, 1997, will not be considered in the exclusion.

How do I calculate capital gains on sale of property?

In case of short-term capital gain, capital gain = final sale price – (the cost of acquisition + house improvement cost + transfer cost). In case of long-term capital gain, capital gain = final sale price – (transfer cost + indexed acquisition cost + indexed house improvement cost).

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Can I move into my rental property to avoid capital gains tax?

If you’re facing a large tax bill because of the non-qualifying use portion of your property, you can defer paying taxes by completing a 1031 exchange into another investment property. This permits you to defer recognition of any taxable gain that would trigger depreciation recapture and capital gains taxes.

What happens if I sell my house and don’t buy another?

When you sell a personal residence and buy another one, the IRS will not let you do a 1031 exchange. You can, however, exclude a large portion of the gain from your taxes as that you have lived in for two of the past five years in the property and used it as your primary residence.