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  1. Can I claim a tax exemption on both my house sale and share sale by buying a new home?

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Can I claim a tax exemption on both my house sale and share sale by buying a new home?

balwant jain

4 min read | Updated on July 28, 2026, 08:34 IST

SUMMARY

Planning to sell your house and shares to buy a new home? Know whether you can claim tax exemptions under Sections 82 and 86 of the Income Tax Act, 2025 on both long-term capital gains.

tax query 28 july

Since you are planning to sell the house and shares during the current financial year, the provisions of the Income Tax Act, 2025 will apply.

Many homebuyers upgrade to a bigger house by selling their existing property. At the same time, some also cash in on long-term investments such as shares to bridge the funding gap. But if both the property and the shares generate long-term capital gains (LTCG), can you claim tax exemption on both by investing in the same new house?

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Today's Q&A explains such details in response to a query by a reader.

Question: I am planning to buy a new home. I will sell my existing home (purchased 15 years ago) within 1 year after buying a new home. I'll sell a few shares too where I have LTCG. Can I invest the entire sales proceeds of shares with LTCG in the new home and claim the benefit of Section 54 and 54F simultaneously?
Answer: The Income Tax Act, 1961 and the Income Tax Act 2025, which has come into effect from 1st April 2026, allow exemption from long-term capital gains to an individual and an HUF under two provisions if a residential house is acquired within a prescribed time period.

Since you are planning to sell the house and shares during the current financial year, the provisions of the Income Tax Act, 2025, which are similar to the provisions of the Income Tax Act, 1961, will apply.

The first provision is contained in Section 82, where long-term capital gains arising on sale of a residential house are exempted if the capital gains are invested in one residential house within a prescribed time period.

The second exemption is available under Section 86 in respect of long-term capital gains arising on sale of any capital asset other than a residential house if the net sale consideration is invested in a new residential house within a prescribed time period, provided the taxpayer does not own more than one residential house on the date of sale of the capital asset.

The prescribed time period is the same under both the provisions. If a ready-to-move-in house is proposed to be acquired, the same has to be done within two years from the date of sale of the house, whereas a longer period of three years from the date of sale is allowed within which the construction is required to be completed if one goes for self-construction of a house or an under-construction house is booked.

Even if a house has already been acquired within one year before sale of the house, the exemption is still available.

There is no restriction under the law which bars claiming exemption under both sections simultaneously in respect of the same residential house property. So you can claim exemption under Section 82 in respect of long-term capital gains arising on sale of the residential house as well as for long-term capital gains arising on sale of shares under Section 86 by investing the capital gains from sale of the residential house and the net sale proceeds from sale of shares in a single house property as long as the conditions prescribed are satisfied.

Please ensure you sell your existing house before you start selling the shares to be out of the condition of not owning more than one house on the date of sale of shares.

Have a personal finance, mutual fund, or income tax query? We will try to get them answered by experts. Write to sangeeta.ojha@rksv.in
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Disclaimer: The views and opinions expressed above are those of respective experts/commentators and do not reflect the views of Upstox. The above Q&A is only for informational purposes and should not be considered investment or tax advice from Upstox. Please consult a tax expert for your complex tax problems.

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