What are Capital Gain Bonds?

Capital gains bonds, also called Section 54 EC bonds, sanctioned by Income Tax Act 1961, help reduce long-term capital gains taxes from property or asset sales.
What are Capital Gain Bonds?
3 mins
03 August 2024

54EC Capital Gain Bonds are financial instruments issued by designated institutions in India. These bonds offer a tax-saving option for individuals who have realized long-term capital gains from the sale or transfer of long-term capital assets, such as land, buildings, or both. By investing in these bonds, you can defer the payment of capital gains tax and enjoy the potential benefits of a reliable investment option.

To avail of the tax-saving benefits offered by capital gain bonds, investors must invest the capital gains amount in these bonds within a specified period after selling the original asset. The Finance Act of the respective financial year specifies the eligible bonds, along with the time frame for investment.

Who is eligible to invest in 54EC bonds?

The eligibility to invest in these bonds, commonly referred to as 54EC bonds, is quite broad.

Here's a breakdown of who is eligible to invest in these bonds:

  1. Resident individuals
  2. Non-resident individuals
  3. Hindu Undivided Families (HUF)

It's worth noting that while these are the primary eligible entities, other entities such as trusts may also be eligible depending on the specific circumstances and provisions of the Income Tax Act at the time of investment. It's always advisable to consult with a tax advisor or financial expert for personalised advice regarding investments and tax planning.

Why should you invest in capital gains bond? 

Here are some compelling reasons to consider investing in these financial instruments:

  1. Capital gains tax deferral
    One of the primary benefits of investing in Capital Gains Bonds is the ability to defer the payment of capital gains tax. If you have recently sold an asset, such as property or stocks, and incurred capital gains, investing the proceeds into these bonds allows you to defer the tax payment. This can be particularly advantageous for managing your cash flow more effectively, as it delays your tax liability to a later date.
  2. Stable returns
    These bonds typically offer a fixed interest rate, which ensures a predictable and steady income stream during the tenure of the bond. The interest rates, while not necessarily high, are stable and when combined with the savings from deferred capital gains tax, the overall returns can be competitive with other market investments. This predictability makes them a suitable option for conservative investors or those seeking to balance their investment portfolios.
  3. Low risk
    Capital Gains Bonds are considered a low-risk investment option. They are often issued by government entities and are rated 'AAA' by credit rating agencies, which indicates the highest level of creditworthiness. This high rating is reassuring for investors who are risk-averse and seek security for their capital.
  4. Long-term investment option
    These bonds are designed for long-term investment. If you are an investor with a long-term horizon and are aiming to reduce your taxable income, Capital Gains Bonds can serve as an excellent choice. The tax benefits, combined with the security and stability of the investment, make them an appealing option for those planning their financial future over an extended period.

Investing in 54EC bonds can thus be a strategic decision, especially for those who have recently realised capital gains and are looking for ways to efficiently reinvest these gains while enjoying tax relief. This type of investment is particularly suitable for individuals seeking to balance the security of their investments with reasonable returns and tax efficiency.

Additional read: What are Government Bonds

Bonds eligible under section 54EC

The government of India has specified a list of eligible bonds under Section 54EC, which includes bonds issued by Indian Railways Finance Corporation Limited (IRFC), Power Finance Corporation limited (PFC), National Highways Authority of India (NHAI), and Rural Electrification Corporation (REC). These bonds have a fixed maturity period of 5 years and are redeemable after lock-in period is completed. The proceeds received by the investors on maturity or after selling under exceptional circumstances (nailed down) are exempt from being taxed under Section 54EC up to Rs. 50 Lakh. However, if capital gain bonds are sold or converted into cash before reaching maturity, the invested amount that was eligible for tax exemption will be considered as long-term capital gain and taxed accordingly in the year of conversion.

How to invest in 54EC bonds?

Here is all the information you need to know about investing in 54EC bonds:

1. Investing SEC 54EC

Also known as Sec 54EC Bonds, capital gains bonds are a form of investment instrument approved by the Income Tax Act of 1961. These bonds are used by investors to save on long-term capital gains taxes derived from the sale of assets or properties. When you invest in Sec 54EC Bonds, you essentially defer the capital gains tax payments while accessing the potential benefits of a solid investment alternative.

2. Section 54EC - Provisions

Based on provisions listed under section 54EC of the Income Tax Act of 1961, all long-term capital gains resulting from capital asset transfers would be excused from taxes if:

  1. The property is a long-term capital asset, such as a building, land, or both. For the asset to be considered long-term, the taxpayer must possess it for a minimum of 2 years before the sale takes place.
  2. The full capital gains realised are invested within 6 months of the transfer date in the qualifying Sec 54EC Bonds.
  3. This investment is possessed for 5 years, and the bonds obtained cannot be transferred or converted into cash. No loan/advance can be taken against the asset of such a bond under 5 years from the acquisition date. If these conditions are not met, the capital gain exemption will no longer be eligible.
  4. If the funds invested in bonds are less than the realised capital gain, only a part of the capital gains will be tax-free.
  5. The total investment amount cannot surpass Rs. 50,00,000 during the prevailing fiscal year and the following fiscal year.

Advantages

One of the key advantages of capital gain bonds is their ability to provide tax exemption under Section 54EC of the Income Tax Act in India. Investors can claim this exemption by investing up to a specified limit in these bonds within the prescribed time frame. By doing so, they can defer paying the capital gains tax and potentially even avoid it altogether, thereby increasing the overall returns on their investments.

Another attractive feature of capital gain bonds is the security they offer. Being issued by government-backed entities or public sector companies, these bonds are considered relatively safe compared to other investment avenues with market-linked risks. The assurance of a fixed interest rate or coupon rate further adds to the appeal for risk-averse investors seeking stable returns.

Additional read: Different Types of Bonds

Disadvantages of capital gain bonds

However, like any investment option, capital gain bonds have their limitations too. The most notable limitation is the relatively lower interest rates compared to other investment options available in the market. As these bonds are designed to offer tax benefits, the interest rates are usually set at levels that may not match the potential returns of riskier investments like equities. Moreover, the lock-in period restricts liquidity, making it unsuitable for investors who might need access to their funds in the short term.

Example

Let's consider an investor named Mr. Patel who sells a residential property and earns a long-term capital gain of Rs. 60 lakh. To save on capital gains tax, he decides to re-invest Rs. 50 lakh (the maximum permissible limit) in capital gain bonds within the prescribed time frame of six months after selling the property. Assuming the bonds offer an interest rate of 5.75% per annum, Mr. Patel's investment would yield an annual interest income of Rs. 2,87,500 (Rs. 50,00,000 * 5.75%).

As the interest income is taxable as per Mr. Patel's income tax slab, let's assume he falls in the 30% tax bracket. Therefore, he would have to pay Rs. 86,250 (Rs. 2,87,500 *30%) as income tax on the interest earned. However, Mr. Patel can still enjoy the capital gains tax exemption on the original Rs. 50 lakh earned from the property sale.

How to invest in capital gain bonds?

Investing in capital gain bonds is easy and hassle-free, here's how:

1. Investment process:

  • Investors can approach their bank or financial advisor to purchase capital gain bonds issued by NHAI, IRFC, PEC, or REC.
  • Alternatively, investors can invest in these bonds online through tie-ups with stockbroking firms and platforms.

2. Documentation required:

  • Investors need to submit their KYC (Know Your Customer) documents, including identity and address proof.
  • Bank account details and other relevant documents are also required for successful investment in capital gain bonds.

3. Comparison with other tax-saving instruments:

  • Consider comparing capital gain bonds with other tax-saving instruments like Equity-Linked Savings Schemes (ELSS) or Public Provident Fund (PPF).
  • While capital gain bonds offer tax-saving benefits on capital gains, other instruments may offer higher returns and greater liquidity.
  • Each option has its own advantages and limitations, so investors should align their choice with their financial goals and risk tolerance.

Conclusion

In conclusion, capital gain bonds present an attractive proposition for investors looking to save on long-term capital gains tax while supporting the nation's development. They offer a secure investment option with tax benefits, but it's essential for investors to carefully consider their financial goals, risk appetite, and liquidity requirements before committing to these bonds. Consulting with a financial advisor is recommended to make an informed decision and create a well-rounded investment portfolio.

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This content is for educational purpose only.

Investment in the securities involves risks, investor should consult his own advisors/consultant to determine the merits and risks of investment.

Frequently asked questions

Which bond is best for capital gain?

54EC bonds, or capital gains bonds, are ideal to save long-term capital gain tax arising from the proceeds of the sale of any capital asset.

What is the lock-in period of capital gains bonds?

Capital gain bonds or 54EC bonds have a fixed maturity period of 5 years and are redeemable after lock-in period is completed.

Can 54EC Bonds be held in a Demat account?

Yes, 54EC Bonds can be held in a Demat account. Investors can opt to hold these bonds electronically in their Demat accounts, which provides convenience and ease of management.

When do investors have to invest in 54EC Bonds after selling an asset for claiming an exemption?

Investors must invest in 54EC Bonds within six months from the date of sale of the asset to claim an exemption under Section 54EC of the Income Tax Act. It's crucial to adhere to this timeline to avail of the tax benefits associated with these bonds.

What are the disadvantages of capital gain bonds?

Disadvantages of capital gain bonds

  • Lock-in period: Five-year lock-in restricts liquidity.
  • Taxable interest: Interest earned is subject to tax.
  • Lower returns: Interest rate is lower than other fixed-income options.
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