If you are planning to sell property in Delhi, understanding whether your gain is short-term or long-term is crucial. The tax rate, indexation benefit, and exemption eligibility depend entirely on the holding period.
At CA Shiwali, South Delhi, we regularly assist property sellers in determining the correct capital gains category and planning tax-efficient transactions.
A property is considered short-term if it is sold within 24 months from the date of purchase.
Short-Term Capital Gain =
Sale Price โ Purchase Cost โ Transfer Expenses
Taxed as per your income tax slab
Added to your total income
No indexation benefit
Example:
If your total income falls under the 30% slab, your short-term capital gain will also be taxed at 30% plus applicable surcharge and cess.
A property is considered long-term if it is held for more than 24 months.
Long-term gains qualify for indexation benefit, which reduces taxable profit.
Long-Term Capital Gain =
Net Sale Value โ Indexed Cost of Acquisition โ Indexed Improvement Cost
20% tax
Plus surcharge (if applicable)
Plus 4% health & education cess
Indexation adjusts your purchase cost based on inflation using the Cost Inflation Index (CII).
This significantly reduces taxable gain.
For example:
If a property purchased for โน50,00,000 grows to an indexed value of โน90,00,000, you only pay tax on the difference between sale value and โน90,00,000 โ not the original โน50,00,000.
| Basis | Short-Term | Long-Term |
|---|---|---|
| Holding Period | Less than 24 months | More than 24 months |
| Tax Rate | As per slab | 20% |
| Indexation | Not available | Available |
| Exemptions (54/54EC) | Limited | Available |
For NRIs:
Short-term gains are taxed as per slab
Long-term gains taxed at 20%
TDS is deducted at higher rates under Section 195
Professional planning is strongly recommended before property sale.
If the stamp duty value is higher than the actual sale price, the higher value may be considered for capital gains calculation.
This applies to both short-term and long-term gains.
You should consult a professional if:
You are unsure about holding period calculation
The property was inherited or gifted
There are multiple co-owners
You are an NRI
You want to claim Section 54 / 54EC exemptions
CA Shiwali in South Delhi provides capital gains classification, tax planning, and filing support for property sellers.
Property held for more than 24 months qualifies as long-term capital asset.
No. Indexation benefit is available only for long-term capital gains.
Long-term capital gains are taxed at 20% plus surcharge and 4% cess.
No. Section 54 exemption is available only for long-term capital gains.
Yes, but the holding period of the previous owner is also considered in certain cases.
The tax rate remains the same, but TDS deducted at the time of sale is higher for NRIs.
โ Accurate holding period determination
โ Capital gains calculation
โ Tax planning under Section 54 / 54EC
โ NRI property tax advisory
๐ Call CA Shiwali: 9266032777
๐ South Delhi
WhatsApp us