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Sec 54 vs Sec 54F vs Sec 54EC — capital gains exemption decision tree

Three exemptions cut long-term capital gains tax: Sec 54 when you sell a house and buy another; Sec 54F when you sell another asset and buy a house with the net proceeds; Sec 54EC when you put up to ₹50 lakh of land or building gains into specified bonds within six months. Secs 54 and 54F cap at ₹10 crore.

Income-tax Act 2025: from 1 April 2026 (TY 2026-27) the new Act applies, and Sec 54 is Sec 82, Sec 54F is Sec 86 and Sec 54EC is Sec 85. Earlier years stay under the 1961 Act. Section numbers per CBDT's 1961 vs 2025 comparison utility.

The three sections at a glance

SectionAsset soldReinvest inCap
Sec 54Residential house (held > 2 yrs)Another residential house in IndiaUp to ₹10 Cr (FA 2023 cap)
Sec 54FAny other long-term capital asset (equity, gold, land)One residential house in IndiaUp to ₹10 Cr; full net consideration must be invested
Sec 54ECLong-term capital asset (any, post FA 2018: only land/building)NHAI / REC / IRFC / PFC bonds₹50 L per FY

Sec 54 — residential to residential

The classic. Sell a house held more than 24 months, reinvest the capital gain (not the sale price) into another residential house within:

  • 1 year before the sale, or
  • 2 years after the sale (for purchase), or
  • 3 years after the sale (for construction)

FA 2023 imposed a ₹10 Cr ceiling per assessee. Above that, the excess gain is taxable at 12.5% LTCG plus surcharge/cess. FA 2019 allowed (one-time, lifetime) investment in two houses if the gain is ≤ ₹2 Cr — useful when splitting an inheritance.

Sec 54F — selling anything except a house

The trap. Sec 54F requires you to invest the full net consideration — not just the gain. So if you sell ₹2 Cr of equity with a ₹1.5 Cr gain, you must buy a ₹2 Cr house (not a ₹1.5 Cr one) to fully exempt. Invest only ₹1.5 Cr and you get a proportional exemption of (1.5 / 2) × gain = 75%.

Other Sec 54F conditions:

  • You can own at most one other residential house on the date of transfer (excluding the new one)
  • You can't sell the new house for 3 years (or the entire exemption reverses and becomes taxable)
  • Same 1-year-before / 2-year-after / 3-year-construction window as Sec 54

Sec 54EC — the safe-harbour bond route

Sold land or a building? Park up to ₹50 L of the gain into 5-year non-transferable bonds issued by NHAI, REC, IRFC or PFC within 6 months of the sale. Interest is taxable (~5.25% p.a. currently), but the gain itself is exempt.

FA 2018 narrowed Sec 54EC — now it's only for land/building gains, not for equity, gold, or other capital assets. The ₹50 L cap is per assessee per FY (FA 2017 tightened from "per transaction" to "per assessee").

The CGAS escape hatch — when the deal isn't done by ITR deadline

If you haven't bought/built the new house by the ITR filing date (31 July of the AY), deposit the unused amount into a Capital Gain Account Scheme with any nationalised bank before the ITR due date. The deposit "counts" as utilised investment for Sec 54/Sec 54F.

You then have the full 2-year / 3-year window from the original sale to withdraw and complete the purchase/construction. If it doesn't happen, the unutilised CGAS amount is taxable in the year the window expires. See our separate brief on CGAS mechanics.

📌 Common error: Filers assume Sec 54 and Sec 54F can be stacked. They can't — you must elect one. If you sell two assets (e.g. a flat + listed shares) in the same year, Sec 54 covers the flat gain and Sec 54F could cover the equity gain — but only if you buy one new house big enough to absorb both invested amounts. Two simultaneous purchases under both sections fails the "one residential house" requirement.

The decision tree

  1. What did you sell? Residential property → Sec 54 lane. Anything else → Sec 54F lane (if you want to buy a house) or Sec 54EC (if it's land/building and you want bonds).
  2. How large is the gain? Above ₹10 Cr → only ₹10 Cr exempt under Sec 54/54F. Up to ₹50 L → Sec 54EC works neatly if land/building.
  3. How quickly will you redeploy? Within 6 months → Sec 54EC (bonds locked 5 years). Within 2-3 years → Sec 54 / Sec 54F (CGAS in the meantime).
  4. Do you already own residential property? One house → Sec 54F still works. Two or more → Sec 54F is blocked; you can only use Sec 54 (sale of another residential house).

The Finclar take

For founders selling pre-IPO equity in a windfall, Sec 54F is the obvious move — but the "full net consideration" rule and 3-year holding lock-in make it inflexible. For retirees swapping a portfolio of equity LTCG for a single home, Sec 54F + CGAS gives you 2-3 years to find the right property. For land/building deals up to ₹50 L gain, Sec 54EC is the cleanest exit. For everything else, do the math on each section's effective tax saving net of the lock-in cost — sometimes paying the 12.5% LTCG today is simpler than locking ₹10 Cr in a house you don't actually want.

FT

Finclar Team

The Finclar Team covers income tax, capital gains, TDS and Finance Act updates. View full bio & archive →

Sitting on a capital gain right now?

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