The elimination of indexation benefits in real estate will discourage secondary market sellers

The real estate industry warned that eliminating indexation benefits for long-term capital gains would stunt its expansion, negatively affecting property owners and potentially increasing taxes. While experts thought low returns could still be a problem, authorities disagreed, citing high real estate returns. Leaders in the industry felt that the lower long-term capital gains tax rates would help new investors. 

The government’s proposal to eliminate indexation benefits for long-term capital gains in real estate has raised concerns among the real estate industry about how it stunts the industry’s expansion.

Property owners who have held their assets for more than ten years will likely be greatly impacted by removing the indexation benefit for long-term capital gains in real estate. Heritage homeowners might pay more in taxes when they sell because they cannot adjust the cost basis of their properties for inflation. After all, indexation is not in place. “The change may result in higher taxes for individuals who wish to sell assets held for more than ten years,” says Niranjan Hiranandani, Chairman of NAREDCO

A flat 12.5% tax on capital appreciation on the sale of a property, with no indexation benefits, has been proposed in the budget for 2024-2025.

The income tax department, however, disagrees with Hiranandani’s viewpoints. The Income Tax Department refuted the claim that people will pay higher taxes on profits from house sales on social media on Wednesday. The department based this on the idea that nominal real estate returns are typically between 12 and 16 percent annually, significantly higher than the inflation rate, 4 to 5 percent.

Real estate leaders concur that the new regime might be more effective when there is greater capital appreciation due to growth factors, a bullish economy, and a simplified tax structure.

However, real estate experts have clarified that the Income Tax department’s clarification that real estate returns are typically higher than the inflation rate is also not true in absolute terms.

Eliminating the indexation benefit for real estate sales will discourage sellers in the secondary market because of higher taxable capital gains, even if there is a lower LTCG (Long Term Capital Gains Tax) tax rate. However, it will not have an impact on first-time homebuyers. According to Ritesh Mehta, Senior Director/Head, North, East & West, Residential Service, India JLL, “the consistent growth of Reddy Reckoner rates across cities ensures no increase in unaccounted money in real estate transactions.”

New investors who hold properties longer than two years will still benefit from the lower long-term capital gains tax, which could make short-term investments more attractive.

The income tax department also stated that simpler tax computation, filing, and record-keeping compliance are advantages of streamlining any tax structure. The new proposal also eliminates the various rates for many asset classes. 

Budget 2024: The real estate industry anticipates legislative changes to expedite procedures and spur expansion

Reducing construction costs, granting industry status, and putting in place a single-window clearance system are still the main goals of the policy reforms developers and industry leaders are pushing for. 

The Indian real estate market is anticipating changes in the next Union Budget 2024, following periods of strong performance. By 2025, the sector’s share of India’s GDP will likely rise from 8% to 13%. According to the long-term forecast, the real estate market will grow to $1 trillion by 2030. 

Prominent industry figures anticipate that policy changes will improve transparency, expedite procedures, and spur expansion. 

“NITI Aayog’s Forecast of the Indian real estate industry reaching a market size of $1 trillion by  2030 underscores its favorable long-term outlook,” states Neeraj Sharma, MD, Escon Infra Realtors. The industry anticipates government programs that will reduce the cost of fuel, steel, and cement as inputs. Fulfilling the long-standing requests for industry status and expedited clearance producers would enable developers to apply for loans with lower interest rates and benefit from tax advantages. These actions would significantly improve the sector and encourage further expansion.” 

The real estate sector is one of the primary industries that increases GDP. Reducing construction costs, granting industry status, and putting in place a single-window clearance system are still the main goals of the policy reforms developers and industry leaders are pushing for. 

Mukul Bansal, MD of Motiaz, “India’s real estate market is expanding quickly due to rising housing demand. Strong expectations exist for the industry to receive industry status and implement a more effective single-window clearance system with the Union Budget 2024-25 drawing near. Fulfilling these enduring requests would invigorate the industry. But high taxes on basic goods like steel and cement have driven up the price of building a house. The 28% on cement is especially concerning because it highlights how quickly policy needs to change to keep up with demand.” 

Furthermore, the fact that the real estate industry employs a sizable number of casual laborers and is a major employer underscores the importance of supporting it. The importance of supporting the real estate industry is further demonstrated by the fact that it is a major employer and employs plenty of casual laborers. 

“The real estate industry plays a crucial role in driving growth in the Indian economy,” says Trisol RED’s MD, Shorabh Upadhyay. “One of its pressing needs is to obtain industry status.” With this designation, developers would receive lower-interest loans, tax breaks, and other benefits. This kind of support is necessary when finances are tight. Even with a robust rebound in recent years, the industry still needs  continuous  support from the government to maintain its upward trend.” 

“Commercial real estate stands as a pivotal driver of the country’s GDP growth, warranting high expectations from the government ahead of the Union Budget 2024-25,” says Sundaram Group CEO Harsh Gupta. The sector would benefit from easier access to credit and lower financing costs if it were given industry status, which is essential to meet the rising demand for commercial real estate. The industry awaits actions to address the 28% GST on cement and reduce the cost of steel and fuel inputs. Additionally, maintaining momentum and encouraging entrepreneurship in commercial real estate requires establishing a single-window clearance system.” 

These steps might accelerate the sector’s growth when combined with incentives for eco-friendly and effective procedures. 

Pyramid Infrstructure’s Ashwani Kumar states, “Despite industry optimism, challenges still exist. Prices play a big role in the real estate market, and building new projects becomes more expensive due to high taxes on basic materials like steel and cement. We expect a streamlined approval process and implore the government to address this matter. One of the main industries in the country that creates jobs is real estate, so policies that encourage it will benefit the economy as a whole.”