REAL ESTATE OPPORTUNITIES: NAVIGATING THE NEW TAX LANDSCAPE

On July 23, 2024, during the presentation of the Union Budget, India's Finance Minister announced transformative revisions to the capital gains taxation framework, with a focus on real estate transactions. While these changes aim to streamline the tax system and reduce the overall tax burden, they also present unique opportunities for those engaged in real estate investments.?

The New Tax Regime

The 2024-25 budget proposes adjustments to capital gains taxes for both short-term and long-term investments. Short-term capital gains tax has been increased from 15% to 20%, and a flat rate of 12.5% has been introduced for long-term capital gains on all financial and non-financial assets. Additionally, the exemption limit for capital gains on specific financial assets has been raised to Rs1.25 lakh annually. For listed securities, the holding period to qualify for long-term capital gains tax has been set at 12 months, while unlisted assets, including real estate and gold, require a 24-month holding period. The previous 36-month holding period for certain assets like real estate investment trusts (REITs) has been eliminated. These changes are effective immediately from July 23, 2024.

Key Changes and Their Implications?

1. Valuation of Pre-2001 Properties: Properties held before 2001 will be valued at their fair market values as of April 1, 2001, simplifying the valuation process for long-term investors.

2. Taxation of Rental Income: To curb tax evasion, rental income will now be taxed under 'income from house property' instead of 'profits and gains of business or profession.' This change ensures a fair and consistent approach to taxing rental income, promoting transparency.

3. Elimination of Indexation Benefit: While the new flat rate of 12.5% on long-term capital gains is lower than the previous rate of 20%, the removal of the indexation benefit—which adjusted the purchase price for inflation—means that the taxable gain may be higher, potentially increasing the tax burden on long-term real estate investors.?

Indexation Explained

Indexation adjusts the purchase price of an asset for inflation, reducing taxable profits and tax liabilities. By removing the indexation benefit, the new regime calculates taxes based on the original purchase price without inflation adjustment, which could lead to higher taxable gains despite the lower tax rate. For instance, a property purchased for Rs25 lakhs in 2000 and sold for Rs1 crore in 2024 would have an indexed purchase price that significantly reduces the taxable gain.?

Positive Outlook for Long-Term Investors

Despite these changes, the revised tax structure offers several advantages for long-term real estate investors:

1. Simplified Tax Calculations: The flat tax rate of 12.5% simplifies tax calculations, making it easier for investors to plan their financial strategies.

2. Increased Exemption Limits: The raised exemption limit for capital gains on specific financial assets provides additional tax savings, making real estate investments more attractive.

3. Opportunities for Strategic Investments: The removal of the indexation benefit encourages investors to focus on high-growth real estate assets. Properties in prime locations with higher appreciation potential can still yield substantial returns, even without inflation adjustments.

Encouraging Transparency and Compliance?

The new tax regulations promote transparency and compliance in the real estate sector. By taxing rental income under 'income from house property,' the government ensures that legitimate expenses are claimed, reducing the scope for excessive deductions and tax evasion.

Long-Term Growth Potential?

The long-term outlook for real estate investments remains positive. Historical data from the RBI Housing Price Index and reports from Knight Frank indicate that, despite short-term fluctuations, real estate continues to offer steady growth. For investments held over 10 years or those with annual appreciation exceeding 10%, the new tax regime can be neutral or even beneficial.

Leveraging Tax Exemptions?

Investors can still benefit from tax-saving provisions under Sections 54EC and 54. By investing up to Rs50 lakh of capital gains in specific bonds or reinvesting in new properties, investors can significantly reduce their tax liabilities. This provision is particularly advantageous for end users and those looking to reinvest in the real estate market.

?Mitigating Risks and Enhancing Returns

While the new tax regime may initially seem challenging, it provides a clear framework for real estate investments. By focusing on strategic, long-term investments in high-growth areas, investors can mitigate risks and enhance their returns. The revised tax structure encourages a shift towards more transparent and compliant investment practices, ultimately benefiting the real estate sector and the economy.

This article expresses the personal opinions and views of the author and do not necessarily reflect the views of the organization, or its affiliated organizations or organizations referred to or mentioned in the article. The information contained in this article is for general information purposes only and should not be considered as professional advice. While the author strives to ensure the accuracy and completeness of the information, it takes no responsibility for errors or omissions in the content. The author is an architect and urban planner by qualification and the Chief Operations Officer of CREDAI-MCHI. The author is the recipient of bravery award from the UK government.