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Home > Property > Property > Capital Gain Account Scheme (CGAS), 1988

Capital Gain Account Scheme (CGAS), 1988

March 3, 2025
Table of Contents

The Capital Gain Account Scheme allows individuals to defer taxes on capital gains by temporarily placing these funds in a secure account. This setup not only helps in managing taxes efficiently but also aids in planning future investments with a focus on optimising financial outcomes.

2025 Budget Updates on Capital Gain Taxes

The 2025 Budget has introduced significant updates to the taxation of capital gains. Here’s a concise overview of the current regulations:

Holding Periods for Long-Term Capital Assets:

  • Listed Securities: A holding period of 12 months is required for gains to qualify as long-term.
  • Immovable Property (e.g., land, buildings): A holding period of 24 months is necessary for long-term classification.

Tax Rates:

  • Long-Term Capital Gains (LTCG):
    • Listed Equity Shares and Equity-Oriented Mutual Funds: Gains exceeding ₹1.25 lakh are taxed at 12.5% without indexation.
    • Immovable Property:
      • Acquired before July 23, 2024: Taxpayers have the option to choose between 20% with indexation or 12.5% without indexation.
      • Acquired on or after July 23, 2024: Taxed at 12.5% without indexation.
  • Short-Term Capital Gains (STCG):
    • Listed Equity Shares and Equity-Oriented Mutual Funds: Taxed at 20%.
    • Other Assets: Taxed at the individual’s applicable income tax slab rates.

Also Read: Capital Gain on Sale of Land | Updated 2025

The Capital Gain Account Scheme

The Capital Gain Account Scheme (CGAS) helps you save on taxes after selling assets like property or stocks. Here’s a simple breakdown of how it works:

  • Open an Account: You start by opening a special account in a designated bank.
  • Deposit Gains: Put the money you gained from selling assets into this account.
  • Use for New Investments: You can then use this money to buy new property, bonds, or stocks.
  • Enjoy Tax Benefits: By doing this, you reduce your tax bill and keep your money safe.

Also Read: Long Term Capital Gain on Sale of Property Calculator

Eligibility Criteria for Opening a Capital Gain Account

To manage your capital gains effectively, consider opening a Capital Gain Account Scheme (CGAS) account. Here are the key eligibility requirements:

Eligibility CriteriaDetails
Applicant TypesIndividual taxpayers and Hindu Undivided Families (HUFs)
ResidencyOpen to Indian residents; Non-residents use NRCGAS
Source of GainsCapital gains from the sale of assets specified under sections 54 to 54GB of the Income Tax Act, 1961
Account OptionsType A: Similar to a savings account (for long-term gains)
Type B: Resembles a fixed deposit (for short-term gains)

Also Read: Capital Gain Tax on Sale of Property in India

Comparing CGAS with Other Investment Options

Explore the key differences between the Capital Gain Account Scheme (CGAS) and other investment options in the following comparison table:

FeatureCGASOther Investments (Bonds/Mutual Funds)
Tax on GainsTax-free if used for specified purposesSubject to capital gains tax
Purpose of InvestmentMust be used for buying property or similar investmentsCan be used for any purpose
Safety of InvestmentConsidered safeMay carry higher risk depending on the investment
Deposit RequirementEntire capital gains amount can be depositedVaries by investment type

Required Documents for Opening a Capital Gain Account

When setting up a Capital Gain Account Scheme (CGAS) account, you’ll need to gather a few specific documents to ensure a smooth application process. Here’s what you’ll need:

  • Form A: This form must be completed in duplicate to start the account opening process.
  • PAN Card: A copy of your PAN card is essential for identification and financial transactions.
  • Proof of Identity: Acceptable forms of ID include an Aadhaar card, voter ID, or driving license.
  • Proof of Address: This could be a utility bill, Aadhaar card, or any official document listing your current address.
  • Recent Passport-Sized Photographs: You will need two recent photos.
  • Proof of Capital Gains: This includes documents like the sale deed or capital gains tax return that demonstrate the gains you have made.
  • Additionally, if you are opening an account for a Hindu Undivided Family (HUF), an unstamped HUF letter is required.

Check Out: Old vs New Tax Regime for Homebuyers

Provisions of the Capital Gain Account Scheme 1988

The Capital Gain Account Scheme (CGAS) 1988 helps taxpayers in India manage capital gains while deferring taxes. Here’s an easy breakdown:

Purpose

  • Allows taxpayers to defer capital gains tax by depositing the gains into a designated account.
  • The tax is deferred until the amount is reinvested in eligible assets like real estate or specific bonds.

Types of Accounts

  1. Type A (Savings Account)
    • Works like a regular savings account.
    • Offers easy withdrawals but lower interest rates.
  2. Type B (Fixed Deposit Account)
    • Functions like a fixed deposit.
    • Provides higher interest but has stricter withdrawal conditions.
    • Ideal for those who don’t need immediate access to funds.

How to Use the Account

  • To claim tax exemption, the amount must be reinvested within the specified time.
  • Reinvestment options include:
    • Buying or constructing a property
    • Investing in other qualifying assets

Tax & Compliance

  • Deferred Taxation: No tax is applicable until funds are withdrawn or reinvested.
  • Non-compliance Penalties: If the amount is not used within the given period, tax benefits are reversed, and penalties may apply.

Opening & Withdrawals

  • Required Documents:
    • Form A
    • Proof of identity & address
    • Proof of capital gains
  • Withdrawals:
    • Must be done using Form C
    • Reinvestments should follow scheme guidelines to retain tax benefits

Deposit Limits and Withdrawal Rules of CGAS

The Capital Gain Account Scheme (CGAS) 1988 sets clear rules for depositing and withdrawing funds. Here’s a simple explanation of these rules:

  • Deposit Limits: You can deposit your entire capital gains into the CGAS account. There’s no upper limit on the amount you can deposit.
  • Withdrawal Limit: You are allowed to withdraw up to 60% of the total balance in your account at any time.
  • Minimum Balance Requirement: It’s important to keep at least INR 50,000 in your account always.

Check Out: Long Term Capital Gains on Sale of Property Calculator

Tax Benefits and Responsibilities for CGAS Account Holders

The Capital Gain Account Scheme (CGAS) offers significant tax advantages for those who wisely manage their capital gains. Here’s how it works:

  • Tax Deferral: When you deposit capital gains into a CGAS account, these gains are not taxed immediately. This allows you to defer taxation.
  • Exemption Eligibility: If you use the deposited funds to buy or build a new property, or invest in bonds or stocks, you can claim tax exemptions. This helps reduce your overall tax liability.
  • Purposeful Usage: The funds in the CGAS account must be used for the specified purposes to retain the tax benefits. If used correctly, these funds can significantly enhance your financial planning.

Differences Between CGAS and NRO Accounts

The Capital Gain Account Scheme (CGAS) and Non-Resident Ordinary (NRO) accounts serve different purposes for individuals managing finances in India. Here’s a clear comparison:

FeatureCGASNRO Account
PurposeTo defer tax on capital gains from assets like property, stocks.For non-residents to manage income earned in India.
Tax BenefitsCapital gains deposited are not immediately taxed.Income is taxable; subject to Indian income tax laws.
EligibilityAnyone earning long-term capital gains.Non-resident Indians managing Indian income.

Also Read: Capital Gain Tax on Sale of Property

Deposit Deadlines in the Capital Gain Account Scheme

When using the Capital Gain Account Scheme, it’s important to know when to deposit your capital gains to benefit from tax exemptions. Here’s a simple guide to follow:

  • Deadline for Deposits: You must deposit your capital gains into the CGAS before filing your income tax return for that financial year.
  • Using Funds for Property: If you plan to buy a new property, deposit your gains before filing the tax return for the year you make the purchase.
  • Building a Property: If you intend to construct a property, ensure your gains are deposited by the tax return deadline of the construction year.

Impact of Missing CGAS Deposit Deadlines

It’s crucial to meet the deadlines for depositing capital gains into the Capital Gain Account Scheme. Here’s what happens if you miss these deadlines:

  • Tax on Gains: If you don’t deposit on time, your capital gains will be taxed at the regular income tax rates.
  • Penalty Risks: Failing to deposit within the deadline may also lead to penalties, increasing your financial burden.

How to Extend the Deadline for CGAS Deposits?

Sometimes, you might need extra time to deposit your capital gains into the CGAS due to unexpected events like illness or natural disasters. Here’s how you can request more time:

  • Request an Extension: Approach the bank where your CGAS account is held and explain your situation.
  • Documentation: You might need to provide documents supporting your reason for the delay, such as medical records or reports of a natural calamity.
  • Possible Extension: If approved, the bank can extend your deposit deadline by up to one year from the end of the financial year when you realised the gains.

Deposit Requirements for CGAS

When you’re ready to deposit into the Capital Gain Account Scheme, you should match the amount of your capital gains. Here’s a simple breakdown:

  • Deposit Amount: Deposit exactly what you gained from the sale of your assets. For example, if you earned a capital gain of ₹10 lakhs from selling property, you should deposit ₹10 lakhs into your CGAS account.
  • Purpose of Deposit: This ensures you fully utilise the tax exemption benefits available under the scheme for the entire amount of your gains.
  • No Minimum Requirement: There isn’t a legally specified minimum that must be deposited, but to maximise your benefits, deposit all your gains.

Different Types of Deposits Available Under the Capital Gains Account Scheme

The Capital Gain Account Scheme (CGAS) provides two main types of deposit accounts, each designed to suit different investment strategies and needs. Here’s a brief overview of the deposit options available:

Account TypeDescriptionInterest RateWithdrawal Flexibility
Type ASavings deposit accountSimilar to regular savings bank interestFlexible, like a savings account
Type BTerm deposit accountHigher than savings bank account ratesRestricted, similar to fixed deposits

Also Read: How to Save Tax on Long Term Capital Gains

How to Withdraw Funds from the Capital Gain Account Scheme

Withdrawing funds from the Capital Gain Account Scheme (CGAS) requires careful adherence to specific forms and regulations to ensure compliance and avoid penalties. Here’s how you can proceed:

  • Using Form C for Initial Withdrawal: This form is necessary for your first withdrawal. Once you withdraw, you must use the funds within 60 days for eligible investments. These funds cannot be redeposited immediately back into a CGAS.
  • Subsequent Withdrawals with Form D: If you need more funds, use Form D. This requires details on how you used the previously withdrawn money. Withdrawals from Type A accounts are flexible, but withdrawing from Type B before maturity involves transferring the funds to Type A and may lead to penalties.
  • Nomination with Form E: Designate a beneficiary for your account using Form E. Changes in nomination can be made with Form F.
  • Closing Your Account Using Form F: Closure requests need approval from your Income Tax Officer. Make sure to use the funds within two years of the property sale to avoid capital gains tax on unused amounts.

Restrictions and Penalties:

  • Type A accounts allow free withdrawals, but Type B accounts require transferring funds to Type A first, possibly incurring penalties if done prematurely.

Current Interest Rates for the Capital Gains Account Scheme

Interest rates for the Capital Gain Account Scheme (CGAS) are determined by the government and are subject to periodic adjustments. Here’s a quick overview:

  • Interest Rate: As of now, the interest rate is set at 7.15% per annum.
  • Compounding Details: This rate compounds quarterly, meaning it’s calculated and added to your balance four times a year.
  • Bank-Specific Rates: Note that rates might vary slightly depending on the bank. It’s a good practice to verify the current rate with your bank.

**Disclaimer: Please confirm the current interest rate with your specific bank as rates are subject to change and may vary between different banks.**

How Interest Is Calculated and Added to CGAS Accounts?

Here’s how interest works for Capital Gain Account Scheme (CGAS) account holders:

  • Interest Computation: Interest is calculated based on the account balance at the end of each quarter.
  • Compounding Frequency: The interest compounds quarterly, which means it’s added to your balance and the next quarter’s interest is calculated on the new total.
  • Crediting: This interest is tax-free and is added to your CGAS account at the end of every quarter.

Comparing CGAS Interest Rates with Other Financial Options

The Capital Gain Account Scheme (CGAS) offers an interest rate that stands out compared to common savings vehicles. Here’s how it stacks up:

  • Compared to Savings Accounts: CGAS typically provides a higher interest rate than standard savings accounts, which offer minimal returns.
  • Against Fixed Deposits: While generally better than savings accounts, CGAS rates might be slightly lower than those offered by fixed deposits, depending on the terms and the bank.
  • Versus Equity Mutual Funds: Compared to equity mutual funds, which can offer higher returns, CGAS interest rates are lower. However, mutual funds come with higher risks.

CGAS Interest Rates Across Major Banks

Interest rates for the Capital Gain Account Scheme (CGAS) can vary by bank, though they generally align with the government’s set rates. Here’s a look at how different banks offer rates for their savings and term deposits, which can impact the overall benefits of using CGAS for managing capital gains.

Bank NameInterest Rate Range
State Bank of India3.00% – 7.10%
Punjab National Bank2.70% – 7.00%
Canara Bank2.90% – 7.00%
Bank of Baroda2.75% – 7.15%
Union Bank of India2.75% – 7.00%
IDBI Bank3.00% – 6.90%
HDFC Bank3.00% – 7.10%
ICICI Bank3.00% – 7.10%
Axis Bank3.00% – 7.00%

**Disclaimer: The interest rates listed are indicative and subject to change.**

Also Read: How to Download Capital Gain Statement

How Real Estate Investors Benefit from the Capital Gain Deposit Scheme?

The Capital Gain Deposit Scheme offers significant advantages for real estate investors looking to manage their finances more effectively. Here are the key benefits:

  1. Tax Deferral: Investors can defer paying capital gains tax by depositing their gains into the scheme. This deferral lasts until the funds are reinvested in new property, helping manage cash flow better.
  2. Flexibility in Deposits: The scheme allows investors to deposit gains at various times, which provides flexibility when planning for future property purchases.

How CGAS Reduces Tax for Real Estate Investors?

The Capital Gain Account Scheme (CGAS) offers substantial tax benefits for real estate investors. Here’s how it aids in reducing tax burdens:

  1. Deferring Taxes: Investors can defer capital gains tax by depositing their sale proceeds into a CGAS account. This postponement lasts until the gains are reinvested in another property.
  2. Tax Exemption: The amount deposited within the CGAS is exempt from taxation until the funds are used for the purchase or construction of a new property. This exemption significantly lowers the immediate tax liability.
  3. Strategic Reinvestment: By planning and using the deposited funds to buy or construct new property, investors can further extend their tax advantages, optimising financial outcomes.

How to Use CGAS Funds for Real Estate Investments?

Using funds from a Capital Gain Account Scheme (CGAS) for purchasing or constructing a new property involves a few crucial steps to ensure compliance and benefit from tax exemptions. Here’s a straightforward process:

  1. Deposit Timely: Ensure you deposit your capital gains into the CGAS before the deadline for filing your income tax return for the year in which you earned these gains.
  2. Plan Your Purchase: You must use these funds to purchase or construct a new property within two years from the date of depositing into the CGAS.
  3. Adhere to Deadlines: The utilisation of funds within the stipulated two-year period is critical to maintaining eligibility for the tax benefits.

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Conclusion

The Capital Gain Account Scheme offers a strategic advantage for managing capital gains efficiently. By deferring taxes and providing secure investment options, CGAS helps investors align their financial goals with effective tax planning and risk management.

This makes it an invaluable tool for anyone looking to optimise their investment returns while minimising tax liabilities

Frequently Asked Questions

1. How can I avoid paying capital gains tax when selling a property?

To avoid capital gains tax on property sales, invest the full sale proceeds in a new property one year before or within two years after the sale, or construct one within three years.

2. Can I withdraw funds from my capital gains account?

Yes, you can withdraw funds from your capital gains account using Form C. Funds must be used within 60 days; re-depositing them immediately back into the account is not allowed. For additional withdrawals, apply with Form D.

3. Which banks are authorised to open a Capital Gain Account?

A Capital Gain Account can be opened at any of the 28 banks designated by the government, including major ones like State Bank of India, Bank of Baroda, and IDBI Bank, among others.

4. What is the lock-in period for capital gain funds?

Capital Gains Bonds have a five-year lock-in period from the date of issuance. You cannot transfer or redeem these bonds before completing the lock-in period.

5. What is the interest rate on capital gains?

Capital gains tax applies to profits from selling assets held for over a year. The rate is 0%, 15%, or 20%, based on taxable income and filing status. Most taxpayers pay no more than 15%, according to IRS guidelines.

6. Who can open a Capital Gain Account?

Any Indian resident with capital gains from selling assets covered under Sections 54 to 54GB can open a Capital Gain Account. This scheme helps in deferring taxes by reinvesting gains within the specified period.

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