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Income-tax Act, 2025 | Section 81

Section 81 - Advance money received

Forfeited advance connected with failed transfer negotiations is adjusted under the specific rule and must not be duplicated in cost or other-source taxation.

Reviewed by CA Nikhil Gupta · Updated 9 October 2026

Section 81: operativeEffective 1 April 2026Tax Year 2026-27 onwardReviewed 8 October 2026
Current-law control

Section 81 is presented using the consolidated Income-tax Act, 2025 as amended by the Finance Act, 2026. The general commencement date is 1 April 2026. Earlier years and saved proceedings may remain governed by the Income-tax Act, 1961 and the repeal/savings framework.

2-minute professional decode

Forfeited advance connected with failed transfer negotiations is adjusted under the specific rule and must not be duplicated in cost or other-source taxation.

Professional checkpoint: Apply the provision only after checking the defined person, tax year, evidence, thresholds and any connected Rule or Schedule.

Who should test this section?

Section 81 matters to investors, property owners, promoters, companies, firms and advisers where the transaction involves advance money received; the charge, computation and relief steps should be separated.

Evidence to retain

The section 81 file should preserve acquisition and transfer instruments, valuation or stamp records, payment evidence, holding-period material and every document that supports the treatment of advance money received.

1961 Act bridge

Legacy provisionLegacy headingMapping
51Advance money received.Renumbered / mapped

The bridge is a research aid. Legacy case law carries over only after the current wording and transition rules are matched.

Rules and forms linked to this section

No provision-specific Rule was independently mapped from the current Rules register for this section. That does not mean the wider Rules are irrelevant.

Worked application

A buyer’s advance is forfeited after negotiations fail. The tax treatment must be coordinated with Section 92 and any later cost computation.

Common mistake

For section 81, do not jump from sale proceeds to a capital-gain number: first identify the transfer/charging event, then consideration, cost, timing and any exemption or rollover condition relevant to advance money received.

Compliance approach

Identify the statutory trigger for section 81, lock the relevant tax year, reconcile the facts to the operative sub-section, preserve the evidence trail and separately test every linked Rule, Form, Schedule and exception before finalising the return position.

Numeric / timing checkpoints in the operative text

Related provisions

Current statutory text

81. Where any capital asset was, on any previous occasion, the subject of nego- tiations for its transfer, any advance or other money received and retained by the assessee in respect of such negotiations— (a) shall be deducted from the cost for which the asset was acquired or the written down value or the fair market value, as the case may be, in computing the cost of acquisition; (b) shall not be deducted from the said cost, where such advance or other money has been included in the total income of the assessee for any tax year as per the provisions of section 92(2)(h) of this Act or section 56(2)(ix) of the Income-tax Act, 1961 (43 of 1961).

Primary-source trail

Source status: full Section 81 statutory text in the local source corpus; reconciled to the current consolidated Act control on 8 October 2026.

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