Experience The NoBrokerHood Difference!

Set up a demo for the entire community

Thank You For Submitting The Form
Q.

Does Sale of Agricultural Land Attract Capital Gains Tax?

view 5036 Views

3 Answers

2 Year

Comment

whatsapp [#222222128] Created with Sketch. Send
0 2023-11-28T10:46:35+00:00

No. The

agriculture land sale capital gain

does not have capital gains tax under some conditions. As per the Income Tax Act in India, if your agricultural land is in rural areas, it is not a capital asset. Any gains from the sale of such land are exempt from capital gains tax.

The key conditions for this exemption are as follows:
  • Your land must be situated in a rural area, as per the definition given in the Income Tax Act.

  • The land must be used for agricultural purposes only. 

  • The income generated from the agricultural land must be agricultural income. 

If these conditions are met, the capital gains arising from the sale of your agricultural land in rural areas are exempt from tax.

On the contrary, if your land is situated in an urban area or if it is not used for agricultural purposes, capital gains taxes are applicable. In these cases, you are liable to pay capital gains tax on the sale of the agricultural land.

This is all about

capital gain for agricultural land

.

 

Need help with legal documentation? Contact NoBroker

Read more

How to Show Sale of Agricultural Land in ITR

 
0 2023-08-31T18:27:25+00:00

Yes, capital gain on the sale of agricultural land is subject to certain conditions and exemptions. The capital gain tax from the sale of agricultural land depends on various factors, including the type of land, the holding period, and the use of the proceeds.

There is no taxation involved when it comes to

capital gain on sale of agricultural land in rural area

.

Here's how taxation for

capital gain on sale of agricultural land in urban areas

areas applies:

  • If the land is used for agricultural purposes, it can qualify for certain exemptions or concessional rates.

  • If you have the agricultural land for less than 24 months, the gains from its sale are treated as short-term capital gains.

  • If you hold the agricultural land for 24 months or more, the gains from its sale are treated as long-term capital gains.

  • Long-term capital gains are taxed at a special rate of 20% (plus applicable surcharge and cess), with the benefit of indexation.

  • According to Section 10(37), gains from the sale of agricultural land used for agricultural purposes for a minimum of two years are exempt from tax.

  • According to Section 54B, if the sale gains are reinvested in purchasing another agricultural land within two years of the sale, the capital gains are exempted.

  • According to Section 54F, if the sale gains are reinvested to buy a residential property, capital gains are exempted.

  • Expenses that arise during the sale, such as legal fees, brokerage, and stamp duty, are also deducted from the total sale consideration.

I hope this helps you know about

capital gain tax on sale of agricultural land.

 

Need legal help? Contact No Broker experts

Read more

How to Show Sale of Agricultural Land in ITR 

Documents required for agricultural land registration in Karnataka

Are you a stock-in-trade holder of agricultural land? If yes, then I must tell you that any capital gain tax on agricultural land sale is subject to taxation under the heading of "Business & Profession" if you buy and sell it frequently or as part of your line of work. Agricultural land sales may be completely free of income tax or may not be subject to capital gains tax.

Does sale of agricultural land attract capital gains tax?

In rural areas of India, agricultural land is not regarded as a capital asset. Therefore, if you’re wondering is capital gain tax applicable on sale of agricultural land, then let me clarify that any profits from its sale are not subject to capital gains tax. Capital gains on compensation paid for the forcible acquisition of urban agricultural land are excluded from taxation under Section 10(37) of the Income Tax Act.

Is sale of agricultural land exempt from capital gains tax?

Since rural agricultural land is not considered to be a capital asset, there are no capital gains or losses associated with its sale or transfer. A sale or transfer of urban agricultural land will result in capital gains because it qualifies as a capital asset.
  1. The number of years the assessee has owned the asset will determine the type of capital gain, such as long-term or short-term.
  2. The capital gain is referred to as long-term capital gain if the holding period exceeds two years. The gain is referred to as a short-term capital gain if the holding period is less than two years.
  3. While short-term capital gains are taxed at a slab rate, long-term capital gains are subject to a 20% tax rate.

Is agricultural land exempt from capital gains tax?

Particulars Amount
Full value of the consideration (FVOC) XXX
Less:- Expenses incurred in connection with transfer (XXX)
Net Consideration XXX
Less:- Cost of Acquisition (XXX)
Less:- Cost of Improvement (XXX)
Capital Gain/Loss XXX
I hope this helps you understand capital gain tax on agricultural land sale. Have land to sell? Post a free ad on NoBroker and find buyers in a jiffy. Read More: How to calculate long term capital gain tax on sell of residential plot? Is TDS Applicable on Sale of Agricultural Land? How to Show Sale of Agricultural Land in ITR?
Flat 25% off on Home Painting
Top Quality Paints | Best Prices | Experienced Partners