Can OCI card holder invest in REC 54EC bonds to decrease LTCG taxes (2024)

Hi,I was a Indian citizen and bought land in India 30 years ago. Now, I am a US Citizen and an OCI card holder. I sold the land this year in India and put the funds in my NRO account and would like to invest in REC 54EC bonds to decrease my LCTG taxes. So, as a OCI holder can I invest 54EC bonds?Thanks,Sam

Asked 2 years ago in Taxation

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You can save the tax on your long term capital gains by investing them in certain bonds. Bonds issued by the National Highway Authority of India (NHAI) or Rural Electrification Corporation (REC) have been specified for this purpose. These are redeemable after 5 years (Prior to 2018, it was 3 years) and must not be sold before the lapse of 5 years (Prior to 2018, it was 3 years) from the date of sale of the house property.

So yes you may take the benefits of 54EC.

Regards.

Can OCI card holder invest in REC 54EC bonds to decrease LTCG taxes (1)

Advocate, Lucknow

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NRIs are allowed toclaim exemptions undersection 54 and Section54ECon long term capital gainsfromsale of house propertyin India.

AnNRI canalsoinvestin capital gainsbondsas per Section54ECto claim an exemption on capital gains.

Under Section 54EC, the long-term capital gains (LTCG) on the sale of a land or building or both can be claimed as exempt from tax in India to the extent the capital gains are invested in specified bonds (such as NHAI and REC), subject to a maximum limit of Rs.50 lakh.

ou can save the tax on your long term capital gains by investing them in certain bonds. Bonds issued by the National Highway Authority of India (NHAI) or Rural Electrification Corporation (REC) have been specified for this purpose. These are redeemable after 5 years and must not be sold before the lapse of 5 years (Prior to 2018, it was 3 years) from the date of sale of the house property.

Can OCI card holder invest in REC 54EC bonds to decrease LTCG taxes (2)

Advocate, Vellore

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Under Section 54EC, the long-term capital gains (LTCG) on the sale of a land or building or both can be claimed as exempt from tax in India to the extent the capital gains are invested in specified bonds (such as NHAI and REC), subject to a maximum limit of 50 lakh.

asOCI holder you can invest in these bonds to save taxes

Can OCI card holder invest in REC 54EC bonds to decrease LTCG taxes (3)

Advocate, Mumbai

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- As per law, an NRI/OCI , who is sellinghouse property which is situated in India have to pay tax on theCapital Gains , and this tax that is payable on the gains depends on whether it’s a short term or a long term capital gains.

- Further, long term capital gains are taxed at 20% and short term gains shall be taxed at the applicableincome tax slab rates for the NRIbased on the total income which is taxable in India for the NRI.

- Further, whenan NRI sells property, then the buyer is liable to deduct TDS @ 20%.

- Further , if the property has been sold before2 years from the date of its purchase, then 30% TDS shall be applicable.

- However, anNRIs is allowed to claim exemptions under section 54 and Section 54EC on long term capital gains from sale of house property in India.

- Further, and also can investin capital gainsbondsas per Section54ECto claim an exemption on capital gains.

Can OCI card holder invest in REC 54EC bonds to decrease LTCG taxes (4)

Advocate, Delhi

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Yes, since you being an OCI card holder pay taxes on your income in India, you are entitled to invest in any tax saving schemes available in India.

Can OCI card holder invest in REC 54EC bonds to decrease LTCG taxes (5)

Advocate, Kolkata

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1. Yes you can do that.

2. Under Section 54EC, the long-term capital gains (LTCG) on the sale of a land or building or both can be claimed as exempt from tax in India to the extent the capital gains are invested in specified bonds (such as NHAI and REC), subject to a maximum limit of 50 lakh. As an OCI card holder you are free to invest in these bonds.

Can OCI card holder invest in REC 54EC bonds to decrease LTCG taxes (6)

Advocate, Jaipur

30763 Answers

972 Consultations

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If, you have a PAN card here then you can apply for relaxation in LCTG as well TDS.

Thereafter you can repatriate the money as well.

Can OCI card holder invest in REC 54EC bonds to decrease LTCG taxes (7)

Advocate, Kolkata

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Dear Sir,

1)An NRI can also invest in capital gains bonds as per Section 54EC to claim an exemption on capital gains.

2) Tax Exemptions bonds available under section 54EC, the taxpayer can acquire any of them or any combination of them to avail the benefits of section 54EC.

  • National Highways Authority of India
  • Rural Electrification Corporation
  • Power Finance Corporation Limited (as notified)
  • Indian Railway Finance Corporation Limited (as notified)

3) Time limitation-Should be invested within 6 months from the date of transfer of Long-Term capital asset but in case of compulsory acquisition from the date of receipt of compensation.

Thank you

Can OCI card holder invest in REC 54EC bonds to decrease LTCG taxes (8)

Advocate, Bangalore

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Can OCI card holder invest in REC 54EC bonds to decrease LTCG taxes (2024)

FAQs

Can OCI card holder invest in REC 54EC bonds to decrease LTCG taxes? ›

The only limitation is an assessee can invest and amount of 50L in a financial year. You can very much invest up to 50L in 2023 and claim exemption. Taxpayers or assessees who acquire capital gains can avail of tax deductions under Section 54EC of the Income Tax Act 1961.

Can NRI invest in REC capital gain bonds? ›

NRIs can claim deductions by investing in Capital Gain Bonds issued by REC and NHAI under Section 54 EC. These bonds have a 3 year lock-in period.

Can NRI invest in 54EC bonds? ›

Yes. NRIs can buy capital gains bonds issued by the National Highway Authority of India (NHAI) or Rural Electrification Corporation (REC), etc. to save tax on their long-term capital gains from the sale of their property in India.

Who can claim exemption under section 54EC of capital gain? ›

The exemption under Section 54EC can be claimed by any taxpayer, including individuals, Hindu Undivided Families (HUFs), companies, LLPs, firms, and others. The asset being sold should be a Long Term Capital Asset, which includes land or building or both.

What are the conditions for 54EC exemption? ›

Exemption under Section 54EC of the Income Tax Act is available on Capital Gains on the sale of land or building or both being LTCA and purchase of bonds of NHAI or REC. The amount of Exemption under Section 54EC will be lower of: The Cost of NHAI/REC Bonds, The Capital Gains on the sale of land or building.

Can OCI invest in Indian bonds? ›

Yes, NRIs can invest in RBI bonds in India. To invest in bonds as an NRI, one must utilize the “NRI Window” which gets enabled while the issuing of the bonds by the issuer. The rules and regulations for investing are the same for NRIs and OCIs (Overseas Citizen of India).

What are the benefits of 54EC bonds? ›

54EC bonds, or capital gains bonds, are one of the best way to save long-term capital gain tax. 54EC bonds are specifically meant for investors earning long-term capital gains and would like tax exemption on these gains. Tax deduction is available under section 54EC of the Income Tax Act.

Who can invest in 54EC bonds? ›

Eligibility and Investment Criteria
  • Investor Type: Only individuals and Hindu Undivided Families (HUFs) are eligible to invest in 54EC Bonds. ...
  • Source of Funds: To invest in 54EC Bonds, the funds used must come from long-term capital gains arising from the sale of any asset such as land, building, or shares.
Jul 1, 2023

Is it worth investing in 54EC bonds? ›

Let's say even after considering indexation, you make a capital gain of Rs50 lakh. Now, if you invest it in 54EC bonds, it will fetch you a return of 5.25% (which will be taxable at your slab rate) and also lock your money for 5 years. After 5 years your investment would be worth about Rs64. 58 lakh.

Are REC 54EC bonds safe? ›

Interest: The section 54EC bonds offer an interest rate of 5.75 percent. Interest is earned annually. Interest earned on the bonds is taxable. Safe: The capital gain bonds are AAA rated and are secure.

What is the interest rate of 54EC bonds in 2023? ›

Section 54EC of the Income tax Act notifies certain bonds in which the capital gains can be invested to claim LTCG tax exemption. These bonds offer interest rate, which is 5.25 per cent from April 1, 2023 which is 25 basis points higher than FY23.

Which 54EC bonds is best? ›

Capital Gain (54EC) Bonds
Bond nameRating
5% NATIONAL HIGHWAYS AUTHORITY OF INDIA INE906B07IW2 SecuredINDIA AAA
5.75% INDIAN RAILWAY FINANCE CORPORATION LIMITED INE053F07CF2 SecuredCRISIL AAA
5.75% NATIONAL HIGHWAYS AUTHORITY OF INDIA INE906B07GS4 SecuredINDIA AAA
17 more rows

What is the maximum investment in 54EC bonds? ›

The maximum limit for investing in 54EC bonds is Rs. 50,00,000. The eligible bonds under Section 54EC are REC (Rural Electrification Corporation Ltd), PFC (Power Finance Corporation Ltd), and IRFC (Indian Railways Finance Corporation Limited).

What is rule of 54EC? ›

Section 54EC of the ITA mentions that if an investor earns profits from selling a long-term capital asset – be it immovable property, and invests it in long-term specified assets within the 6 months from the date of sale, the capital gains qualify for tax exemption.

What is the lock-in period for 54EC bonds? ›

The lock-in period for 54EC bonds is 5 years. This means that you cannot sell the bonds before the expiry of the lock-in period. How much can I invest in 54EC bonds?

What is the lock-in period for capital gain bonds 54EC? ›

Capital gain bonds have a lock-in period of five years.

Can non residents buy US Treasury bonds? ›

Therefore, the expatriate may purchase millions of dollars worth of bonds in order to generate some stable income. Since the bond income is interest income and it is US sourced — it is not taxable to the nonresident alien owner of the bond.

Is interest on rec capital gain bonds taxable? ›

The interest earned on these bonds is fully taxable, but the amount invested in these bonds is eligible for deduction under Section 54EC of the Income Tax Act, 1961. This means that individuals can save on tax by investing in these bonds, up to a maximum of Rs. 50 lakhs per financial year.

Can I buy capital gain bonds from Icici direct? ›

At ICICIdirect.com, choose from a varied Bond option available to suit your investment needs. A range of Bonds are available to choose from RBI Bonds, Corporate Bonds, Sovereign Gold Bonds and Capital Gains Bonds.

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