Section 54GB of the Income Tax Act: A Guide on the Available Tax Exemption
Updated: Oct 27
Exemptions are important for taxpayers as they can legitimately reduce the amount that they are liable to pay. These apply in various situations and are governed by different sections of the Income Tax Law. Taxpayers may be able to lower their capital gains taxes on the sale of their residential property by utilising Section 54GB of the Income Tax Act. Taxpayers may claim an exemption from capital gains tax under Section 54GB if the net consideration from the sale of residential property is invested in equity shares of a qualifying start-up business. Taxpayers can contribute to the expansion of the manufacturing sector and the economy by making investments in qualifying startup businesses. This article will help you to know about the applicable companies, applicability, and Section 54GB.
Table of Content
What is Section 54GB of the Income Tax Act?
Section 54GB is a part of the Income Tax Act of 1961. It exempts an individual or a Hindu Undivided Family (HUF) from paying capital gains tax when transferring long-term residential property. The exemption is applicable if the net proceeds from the sale are used to purchase equity shares from a qualified business that produces goods or articles. The qualified business must also utilise the money within a year after the subscription date to buy new equipment and plants.
Key Terms Related to Section 54GB of the Income Tax Act
Eligible Companies
The following requirements must be met by Eligible Companies in accordance with section 54GB of the Income Tax Act:
The company should be set up in India.
The business must have been incorporated in the year prior to the taxpayer's capital gain-making year and remain open until the end of the next fiscal year and the ITR filing deadline.
The business should be involved in the production of goods or articles.
Following the subscription of the company's equity shares, the assessee shall possess a minimum of 25% of the voting rights or capital shares.
As per the MSME (Micro, Small, and Medium Enterprises) Act 2006, the organisation must fall under the category of medium or small enterprise.
New Asset
The phrase "New Asset" describes machinery and plant, excluding the following:
Any device or equipment used by someone else, whether inside and outside of India, prior to installation by the assessee.
Any equipment or plants positioned in residential buildings or offices, including guest houses
Any devices, such as computers and software for them
Any kind of car
Any equipment or plant that falls under the chargeable portion of the previous year's PGBP and whose whole cost is deducted from income.
Net Consideration
"Net Consideration" is the total amount of money received in exchange for long-term capital assets, less any costs that are solely incurred during the transfer process.
Benefits of Section 54GB
Those who invest in qualified SMEs can profit from a number of advantages provided under Section 54GB. Here are a few of the main advantages:
Exemption from taxes: If the revenues of the sale of a residential property are invested in qualified SMEs, the capital gains from the sale may not be subject to taxes. Under Section 54GB, investments made between April 1, 2016, and March 31, 2021, are eligible for this exemption.
Time of holding: For Section 54GB to apply, the SMEs' equity shares must be held for a minimum of five years in order to qualify for tax exemption.
Investment limit: A maximum of Rs. 50 lakhs can be invested in qualifying SMEs. Section 54GB's tax exemption will not apply to any investments made above this threshold.
Qualifications of SME: An organization established in India with a turnover of up to Rs. 25 crores in the investment year qualifies as an SME for funding under Section 54GB.
Growth of Small and Medium Enterprises: Section 54GB provides cash obtained from the sale of equity shares to SMEs, thus encouraging their expansion. Consequently, this fosters the expansion of employment prospects and advances the economy.
Conditions to Claim Exemption under Section 54GB
The transfer of residential property, like a home or a piece of land, resulted in capital gain.
A Hindu undivided family (HUF) or an individual should have received the capital gain.
To subscribe for equity shares of eligible startups, an individual or the HUF must use the net consideration amount. The percentage invested would be exempt under section 54 if the net consideration was not fully used in the subscription of shared stock.
The share capital should have been invested by the company in new, qualified assets within a year after the subscription date.
Within five years of the acquisition date, the company, an individual, or the HUF, as the case may be, has not sold or transferred the equity interests and assets of the company.
Amount of Exemption Available under Section 54GB
The amount of capital gain from the sale of the residential property is greater than the amount of exemption you are eligible to claim under Section 54GB. The amount invested in the equity shares of the eligible company is more than the amount of exemption you are able to claim under Section 54GB. Deduction of the exemption will occur if you invest a part of the net consideration only in the equity shares of the startup.
How to Claim Tax Exemption under Section 54GB
The following procedures must be followed in order to obtain tax exemption under Section 54GB:
Make investments in qualified SMEs: The first stage is to purchase equity shares in a qualifying SME with the money received from the sale of the residential property. The investment needs to be made within six months of the residential property's sale date.
Obtain an SME certificate: After receiving the payments, the SME has 15 days to provide the person with a certificate. The certificate needs to specify that the money was utilised to grow the SME's operations.
Compute capital gains: The person is required to compute the capital gains from the residential property transaction. The distinction between the property's purchase price and sale price is used to compute capital gains.
Make an exemption claim: The amount invested in qualified SMEs can be subtracted from the capital gains, allowing the investor to claim exemption on the capital gains.File an income tax return: The individual must file an income tax return and include details about their investments in qualifying SMEs in order to be eligible for the Section 54GB tax exemption.
Withdrawal of exemption under Section 54GB
The exemption under Section 54GB can be withdrawn in some cases. You will be required to pay capital gain tax for that specific year if you fail to comply with Section 54GB since the exemption under that section would be lost. For instance, the exemption under Section 54GB will expire if you sell the equity shares or the startup firm sells the new assets within five years of the subscription date. Additionally, the amount of the claimed exemption will be subject to taxation in the year that the business sold the additional assets or you sold the equity shares.
Impact of Section 54GB on SMEs
The Income Tax Act's Section 54GB was created to encourage investment in qualified SMEs by offering tax advantages to those who make such investments. This has a big effect on how SMEs are growing in India. The following are a few ways that SMEs have been impacted by Section 54GB:
Boost in Funding: Under Section 54GB, investments in qualified SMEs have been encouraged, which has expanded their access to capital. This has made SMEs more competitive by enabling them to grow their operations and make investments in new technologies.
Creation of Jobs: SMEs are able to expand their business operations and invest in new projects thanks to the increased finance. More job opportunities are produced as a result, which boosts the economy as a whole.
Encourages Entrepreneurship: Section 54GB provides tax incentives to encourage people to invest in small and medium-sized enterprises (SMEs) that meet certain requirements. As a result, there are now more start-ups in India, which is helping the country's economy expand.
Improved Market Access: SMEs can enter new markets and grow their clientele thanks to funding provided by Section 54GB. By doing this, SMEs can lessen their reliance on a particular product or market and diversify their business operations.
Better Uptake of Technology: SMEs are able to enhance their manufacturing processes and boost efficiency by investing in new technology and equipment thanks to the increased funding.
Conclusion
Selling residential property and investing in qualified SMEs might result in a substantial tax benefit under Section 54GB of the Income Tax Act. The expansion of SMEs, tax exemption, holding duration, investment limit, and SME eligibility are some of the advantages of Section 54GB. Section 54GB advances the nation's overall economic development by lowering taxes for investors and promoting the expansion of SMEs. It is crucial that people are aware of Section 54GB's provisions and, if they qualify, make use of its advantages.
FAQ
Q1. What is Section 54GB of the Income Tax Act?
Individuals who invest the profits from the sale of residential property in equity shares of a qualifying SME are excluded from paying taxes under Section 54GB of the Income Tax Act.
Q2. What are the eligibility criteria for Section 54GB?
A person may only invest in qualified SMEs within six months of the residential property sale date in order to qualify for Section 54GB. Additionally, the SMEs must use the cash to grow their operations.
Q3. What is the difference between sections 54 and 54GB?
A tax exemption on capital gains from the transfer of residential property is only available to individuals or the HUF under section 54 of the Income Tax Act, provided that the capital gain is invested in either the acquisition or construction of residential real estate. Conversely, in case the net consideration is utilised to purchase equity shares in a start-up company that satisfies the qualifying criteria, Section 54GB will apply to an individual or HUF.
Q4. What is the limit of Section 54 exemption?
Starting on April 1, 2023, the capital gain tax exemption under Sections 54 to 54F is capped at ₹ 10 crores. Section 54 states that the exemption will expire if the new residential dwelling is not located in India.
Q5. How much is the income tax rate on selling a property?
Long Term Capital Gains Tax applies when assets are sold after certain time frames (LTCG). For gains in debt funds, real estate, and other assets, in addition to the indexation advantage, it is 20%.
Q6. Is capital gain exempt up to Rs. 1 lakh?
Up to Rs. 1 Lakh, listed equity shares, equity-oriented schemes, and long-term capital gains are all completely exempt from tax. Any remaining amount is subject to 10% Section 112A tax. The property is not eligible for this exemption.
Q7. What is a Capital Gains Account Scheme?
By depositing the net consideration in a CGAS account prior to the deadline for submitting income tax returns, the assessee may utilise the capital gain account scheme to seek an exemption under section 54GB of the Income Tax Act, 1961. Once a year has passed since the original asset was sold, the money put in this account may be utilised towards the purchase or construction of a new residential property.
Q8. What is the maximum amount that can be invested in eligible SMEs under Section 54GB?
Under Section 54GB, the maximum amount that can be invested in qualified SMEs is Rs. 50 lakhs.
Q9. Can an individual claim tax exemption under Section 54GB for investment in debt instruments of an SME?
No, only investments made in equity shares of qualifying SMEs are eligible for an individual to claim tax exemption under Section 54GB.
Q10. Does a minimum holding period exist for equity shares of an SME under Section 54GB?
Yes, the equity shares of SMEs must be held for a minimum of five years in order to be eligible for the tax exemption under Section 54GB.
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