Capital Gains on Selling Property: The 12.5% Rule and the Exemptions That Matter
Property gains changed in July 2024: a flat 12.5% without indexation, with an either-or option for older purchases. The exemptions still do the heavy lifting — if the deadlines are respected.

TL;DR
Rate: 12.5% no indexation (post-23 Jul 2024); pre-purchase grandfathering: lower of 12.5%/20%+idx.
Exemptions: 54 (house→house), 54F (asset→house), 54EC (₹50L bonds).
Deadline: CGAS deposit before ITR due date.
How property gains are taxed now
- Holding more than 24 months makes it long-term; less is short-term at slab rates.
- For transfers on or after 23 July 2024, LTCG on property is taxed at 12.5% without indexation. Resident individuals and HUFs who bought before that date can compute both ways — 12.5% without indexation or 20% with — and pay the lower.
- The buyer must deduct TDS at 1% under section 194-IA when consideration is ₹50 lakh or more; NRI sellers face higher TDS under section 195.
Exemptions that can cut the tax to zero
- Section 54: reinvest the gain from a residential house into another — bought within 2 years (built within 3), or one year before the sale.
- Section 54F: selling any other long-term asset and investing the full proceeds in one residential house.
- Section 54EC: up to ₹50 lakh into NHAI/REC-type bonds within 6 months, five-year lock-in.
- Unutilised amounts must sit in a Capital Gains Account Scheme deposit before the ITR due date to keep the claim alive.
Where sellers slip
- Using the registry value when stamp-duty value is higher — section 50C substitutes the stamp value beyond a 10% tolerance.
- Forgetting improvement costs and transfer expenses that legitimately reduce the gain.
- Missing the CGAS deposit deadline and losing an otherwise-available 54/54F claim.
- Reporting in the wrong ITR — property gains need ITR-2 or ITR-3, never ITR-1.