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Property — Sale

Saving tax on a plot or commercial sale: how Section 54F works

You are selling a plot or a commercial property, not a house, and the reinvestment exemption you were told about does not quite fit.

You are selling something that is not a residential house, a plot of land, a shop or office, shares, gold, and you want to shelter the capital gain by buying a home in India. You have heard you can reinvest to save the tax, but the rule that applies here is Section 54F, not the Section 54 people usually mean, and it is stricter in ways that catch NRIs out. Get the difference wrong and you either overpay tax or claim an exemption that is later denied.
Last reviewed: 26 July 20268 min readReviewed by Preetesh Maloo, CA

The short answer

When you sell any long-term asset other than a residential house, a plot, commercial property, shares or gold, you save the capital-gains tax by reinvesting in one residential house in India under Section 54F, not Section 54. The catch is that 54F is stricter: to exempt the whole gain you must reinvest the entire net sale proceeds, not just the gain, and if you reinvest only part, the exemption is proportionate to the amount reinvested. It is also denied outright if you already own more than one residential house, other than the new one, on the date of sale. The new house cost that counts is capped at ₹10 crore, and it must be in India.

References on this page

  • Section 54F: reinvest the net consideration from a non-residential long-term asset into one house in India
  • Full exemption only if the new house cost is at least the net consideration; else proportionate
  • Denied if you own more than one residential house (other than the new one) on the date of transfer
  • New-house cost capped at ₹10 crore (Finance Act 2023); the house must be in India

Section 54F, not 54, when the asset is not a house

The two reinvestment exemptions apply to different sales. Section 54 is for selling a long-term residential house and buying another. Section 54F is for selling any other long-term asset, a plot of land, a commercial property, shares, gold, and reinvesting in one residential house in India (Section 54F). So if what you are selling is not a house, 54F is your route.

The reason it matters is that 54F is written more tightly than 54, precisely because you are converting a non-home asset into a home and getting a full exemption for it. The conditions below are the price of that, and they are the ones NRIs most often trip over, because they plan as if the easier Section 54 rules applied.

You must reinvest the whole proceeds, not just the gain

This is the biggest difference. Under Section 54, you only have to reinvest the gain to exempt the whole gain. Under Section 54F, you have to reinvest the entire net sale consideration to exempt the whole gain. If you reinvest only part of the proceeds, the exemption is cut proportionately: the exempt gain is the whole gain multiplied by the amount reinvested divided by the net consideration.

So on a plot sold for two crore with a gain of one crore, buying a house for one crore does not exempt the whole gain, it exempts only half, because you reinvested half the proceeds. To exempt the whole one crore gain you would need to put the full two crore into the house. This catches sellers who assume, as with Section 54, that reinvesting just the gain is enough. The new house cost that counts toward the exemption is capped at ₹10 crore.

The one-house limit, and the NRI position

Section 54F has a gate that Section 54 does not. You cannot claim it if, on the date you sell the original asset, you already own more than one residential house other than the new one you are buying. So an NRI who already owns two homes in India cannot use 54F on a plot sale, and the exemption is also clawed back if you buy or build another house within the following one or three years.

The reassuring part is that 54F, like 54 and 54EC, is fully available to an NRI, there is no residence bar. The one hard condition is that the new house must be in India; a house bought abroad has not qualified since 2015. A practising CA checks the one-house limit, computes the proportionate exemption if you are not reinvesting the whole proceeds, and structures a Form 13 so the buyer of your plot withholds tax on the reduced, or nil, taxable gain rather than the gross price.

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What's involved

What the CA actually does

  1. 1

    We confirm it is a 54F case

    We establish that the asset you sold is not a residential house, so Section 54F applies, and check the one-house limit that would deny it.

  2. 2

    We size the reinvestment correctly

    We work out how much of the net proceeds you need to reinvest to exempt the whole gain, and compute the proportionate exemption if you reinvest less.

  3. 3

    We reflect it in the TDS

    We file a Form 13 so the buyer withholds tax under Section 195 on your reduced or nil taxable gain, not the gross sale value.

  4. 4

    We carry it into the return

    We claim the exemption correctly in your Indian return and keep the reinvestment trail so it stands up.

What to have ready

Documents you'll typically need

  • The sale documents for the plot, commercial property or other asset
  • The purchase documents for the new house
  • Records of any other residential houses you own
  • Cost records for the asset sold

Your destination country can change the details

Requirements differ from one consulate, university and visa route to the next — how recent the figures must be, how long funds must have been held, and which certificates are mandatory. We assemble the documents around the exact checklist you're applying under. To see how India's tax treaty with your country of residence affects related filings, set your country below or compare all 31 countries.

Frequently asked questions

Common questions

Selling a plot or commercial property?

Tell us the sale and what you plan to reinvest. A practising CA will size the 54F exemption on a free call, no obligation.

No card, no obligation. All certification and filing work is handled by ICAI-registered practising Chartered Accountants.