Agricultural Land or Not? - Capital Gains Tax Guide

Land Classification and Capital Gains Tax Calculator



πŸ” How to calculate Aerial Distance:
Aerial distance means the straight-line distance (as the crow flies) between your village and the nearest Municipality or Cantonment Board. You can easily measure it using Google Maps. Here’s how:
  1. Open Google Maps.
  2. Search and right-click on your village location (e.g., Wagholi, Pune).
  3. Select "Measure distance".
  4. Click on the location of the nearest Municipality or Cantonment Board (e.g., Pune Municipal Corporation or Dehu Road Cantonment).
  5. Google Maps will show the aerial distance in kilometers (KM).
  6. Enter that distance value in the box above.
Example: If your village is Wagholi (Taluka Haveli, Pune) and the nearest municipality is Pune Municipal Corporation, the aerial distance is approximately 13 KM. In this case, land may still be treated as Urban Agricultural Land if it lies within municipal limits.






πŸ” How to find:
1. Search the name of the municipality or cantonment board on Census India or Wikipedia.
2. Look for the **latest population data (preferably Census 2011 or updated local records)**.
3. If multiple sources are available, prefer official government or census websites.
4. Enter the **total population** number here (not just male/female).


πŸ“˜ Land Classification Rules (as per Section 2(14) of Income Tax Act)

To determine whether your land is classified as Rural Agricultural Land (exempt from Capital Gains Tax) or Urban Agricultural Land (taxable), use the rules below:

Population of Municipality Minimum Aerial Distance Required Land Classification
Up to 10,000 No distance limit Rural
10,001 to 1,00,000 More than 2 KM Rural
1,00,001 to 10,00,000 More than 6 KM Rural
More than 10,00,000 More than 8 KM Rural
If distance criteria not met ➜ Urban Agricultural Land (Capital Gains Tax applies)

πŸ’‘ When is Agricultural Land Taxable under Capital Gains?

Not all agricultural land is exempt from Capital Gains Tax. The key factors determining taxability are its location and distance from urban centers:

βœ… Tip: Always verify the classification before planning a sale to avoid unexpected tax liabilities.

❓ Frequently Asked Questions (FAQs)

Q1. Is agricultural land always exempt from Capital Gains Tax?

No. Only Rural Agricultural Land is exempt. If it is classified as Urban Agricultural Land, tax applies as per capital gains rules.

Q2. How do I prove that my land is rural?

You need to establish two facts:

Q3. Is agricultural income also tax-free?

Yes, genuine agricultural income is exempt from income tax under Section 10(1), but the sale of agricultural land may attract capital gains tax if the land is classified as urban.

Q4. What documents should I keep as proof?

You should retain:

Disclaimer: This information has been carefully compiled and presented by FileBob.in to assist users in understanding the tax treatment of agricultural land. However, tax classification can be complex and case-specific. Users are strongly advised to consult a qualified tax professional or legal advisor before taking any decision based on this information.