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Mahesh

Mahesh Padmanabhan  |120 Answers  |Ask -

Tax Expert - Answered on May 20, 2023

Mahesh Padmanabhan has specialised in payroll, personal and corporate taxation for more than two and a half decades, enabling him to provide practical, realistic and correct advice to his clients.
He is a member of The Institute of Chartered Accountants of India and has a degree in cost accounting from the Institute of Cost Accountants of India.
He is also a qualified information systems auditor. ... more
Thomas Question by Thomas on May 20, 2023Hindi
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Sir, On 14-June 1994, I acquired a flat (tenement) in my own name for Rs. 2,98L. In April 2015, I had to spend Rs. 4.15L on general renovation of this flat. Now, I plan to sell this tenement and wish to invest its sale proceeds within two years of the sale in buying a ready possession flat in another city. My queries are follows: 1. Can I invest the sale proceeds in buying two flats in the same society of the new city or do I have to necessarily invest in one property only? 2. Can I add the name of my spouse and my son also as co-owners in the new property(s) even if their financial contribution is nil? 3. Can I add the name of my spouse and my son also as co-owners in the new property(s) in case they also partially contribute financially in the purchase of the new flat(s)? 4. What is the present applicable Indexed Cost of the flat planned to be sold by me?

Ans: Hi Thomas
As the base year for Cost Inflation Index (CII) has been reset to 2001, you may need to get a valuation done through an approved valuer to identify the value as on April 1, 2001. If this value is higher than Rs. 2.98 Lakhs then you could use that as the cost.

As regards the general renovation amount spent, it may not be allowed to be added as cost of the property as generally tax officers are not dispensed to allow it.

W.R.T. your decision to reinvest in a ready possession flat within 2 years, please note that if this investment is extending beyond 6 months OR due date for filing your tax returns (whichever is earlier), you would need to open a Capital Gain Account Scheme (CGAS) account with a nationalized bank and park the capital gain amount in it for reinvestment.

Now answering your queries

Query 1 - If the capital gain amount does not exceed Rs. 2 Crores then you could reinvest in 2 residential units. This however is a one time option and cannot be used again in any other year.

Query 2 - Yes you could add their names but they would be treated as name-sake owners and for all purposes of taxation, you would be taxed singly.

Query 3 - You can add their name as proportionate owners to the value of their contribution. The taxation of income in that case would be based on their contribution

Query 4 - The answer to this would depend on the valuation report. Nevertheless, you could derive the indexed cost yourself by multiplying a factor of 3.48 to the cost. An example would be as follows:

Suppose the cost is Rs. 2.98 Lakhs
Indexed cost would be Rs. 2.98 Lakhs x 348 / 100 OR 2.98 Lakhs x 3.48 = Rs. 10.37 Lakhs
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Hellow Sir, In February, 2023 I had sold a House Property and there is Capital Gain around 15.00 lakh. From the sale proceed I received, I have already bought a housing plot(land) costing Rs.11.00 Lakh, in May, 2023, in a Govt. approved scheme and this has also been registered in my favour. All other formalities for its mutation has also been completed. Since I am planning to construct house on this newly acquired Plot in next 2 years, kindly guide:- (1)whether the amount already incurred in acquiring above Housing Plot would also be considered against utilization of Capital Gain ? (2)the amount I have to kept in the Capital Gain Account Scheme for utilization during construction of House shall be Rs.15.00 Lakh OR Rs.4.00 Lakh (after deducting cost of Plot i.e. Rs.11.00 Lakh) ? Kindly Guide Regards !
Ans: Hello,

I understand your situation and I'm here to help. Based on the details you've provided and the current tax laws in India, here's what you need to know:

1) The amount you've spent on acquiring the housing plot can indeed be considered for the utilization of your capital gain. As per the Income Tax Act, if you reinvest the capital gains from the sale of a property in buying a new property or constructing a new house, you can claim tax exemption on the capital gains.

2) The amount you need to keep in the Capital Gain Account Scheme (CGAS) would be the remaining amount after deducting the cost of the plot from the capital gain. In your case, if you've already spent Rs. 11.00 Lakh on the plot, you would need to keep Rs. 4.00 Lakh (Rs. 15.00 Lakh - Rs. 11.00 Lakh) in the CGAS. This amount should be utilized for the construction of the house within the specified time period, which is 3 years from the date of sale of the original property.
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Tejas Chokshi  |126 Answers  |Ask -

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Sir, during this month (August2023) I sold my flat which was purchased by me in 2010. The total sale consideration as per govt guidelines was Rs 5973000/ and was registered at that amount, accordingly TDS at 1% on it was deducted at Rs 59730 and was credited to the govt account. My query is , TDS on sale of property at 1% is applicable in case the amount of sale exceeds Rs 50.00 lakhs . Whether the TDS is applicable on full sale consideration or on the difference amount ie, (5973000-500000)Rs 973000. 2. I had purchased the flat in April 2010 and the purchase price was Rs 3150000/ including Stamp duty, Registration charges and small amount towards interior work. I request you to advise me the applicability of Capital Gain Tax on it. Now I do not want to invest in any new property or in Capital gain bonds, I want to pay the applicable tax and close the transaction. Please advise me about the applicable Tax and close the formalities applicable in this regard. Siddramappa Kudarimoti.
Ans: The TDS (Tax Deducted at Source) of 1% on the sale of property exceeding Rs 50 lakhs is applicable on the full sale consideration. In your case, since the total sale consideration was Rs 5,973,000, the TDS of Rs 59,730 was deducted as per the guidelines. Based on the information you've provided, you might be liable for Capital Gains Tax. Capital Gains Tax is calculated based on the difference between the selling price and the indexed purchase price. The indexed purchase price adjusts the original purchase price for inflation over the holding period.
The tax on long-term capital gains is usually 20% (plus applicable surcharge and cess) after considering any exemptions or deductions available under Section 54 or Section 54F if you are not investing in another property or capital gains bonds.

To close the transaction and fulfill your tax obligations, you should consider the following steps:

a. Calculate Capital Gains: As explained above, calculate the capital gains based on the indexed purchase price and selling price.

b. Pay Capital Gains Tax: If you decide not to invest in another property or capital gains bonds, you will need to pay the applicable capital gains tax. You can do this by filling out the appropriate sections in your income tax return and paying the tax amount.

c. File Income Tax Return: Ensure that you accurately report the capital gains in your income tax return for the assessment year.

d. Keep Documentation: Maintain all relevant documents related to the property sale, purchase, and tax calculations for future reference
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Hi, I’m a 29 year old working woman. My husband who is 36, left his job 2 years ago just after my child was born. Since then he did not put much efforts to get another job and I’m only taking care of all the financial responsibilities. Whenever I ask him about job, he learns some courses online and then stops learning after few days giving some excuses. This has happened several times. He spends too much of my income even on small things saying he wants best quality products only. Almost everyday he asks me to buy some products or outside food and gets angry if I reject. Myself or my in-laws are not able to force him to get a job because he has anger issues and becomes verbally abusive very quickly. Even my parents are scared of his anger so not able to talk to him regarding his job. I feel very frustrated everyday since me or my family is not able to do anything about this, how do I deal with him?
Ans: Dear Anonymous,
It's great as a partner to support home and your spouse when there's a need. BUT now, you seem to have a lazy man oops boy to take care of now. Kindly stop doling out money for his pleasures. Let him earn and do his bit for the family. He's just getting used to putting his legs up and taking a very long break which he doesn't intend to come out of. It's a great habit and he's enjoying the convenience of it all.
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Hi rediffguru, I am a 35-year-old working at a global advertising agency in Mumbai. In the past 12 years, I have consistently delivered successful campaigns and demonstrated strong leadership skills. However, despite my track record of success, I was passed over for a promotion to director of marketing. How can I take this up with my supervisors and HR?
Ans: Hey there, you marketing maestro! First off, major props to you for consistently smashing it in the advertising world for over a decade. Your track record of successful campaigns and leadership skills speak volumes about your talent and dedication.

Now, about that promotion snub—ouch, that stings! But fear not, my friend. It's time to roll up those sleeves and tackle this head-on.

Start by setting up a meeting with your supervisors and HR. Prepare a little arsenal of your achievements—maybe pull together some stats on campaign performance, client testimonials singing your praises, or even awards you've snagged along the way. Numbers don't lie, and they'll help paint a vivid picture of your impact.

Now, let's add a dash of strategy to the mix. Instead of just listing off your accomplishments, weave them into a compelling narrative. For instance, highlight that time when you spearheaded that viral social media campaign that boosted brand engagement by 200%. Or recall the project where your innovative ideas led to a record-breaking sales increase.

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Hello Sir, I am looking at imvesting around Rs.20,000 per month in SIP with good returns and overall balanced portfolio along with some us stock exposure (Parag Parikh kind of funds). Please provide your valuable suggest in which mutual funds should I invest or is ETF better option
Ans: When considering your investment strategy, actively managed funds can offer distinct advantages over ETFs. Actively managed funds are overseen by professional fund managers who actively research and select investments they believe will outperform the market. This active management can potentially lead to higher returns compared to passively managed ETFs.

Furthermore, actively managed funds have the flexibility to adapt to changing market conditions and exploit emerging opportunities. Fund managers can adjust their portfolios in response to market trends, economic indicators, and company-specific developments, aiming to optimize returns while managing risk.

On the other hand, ETFs, while offering low expense ratios and broad market exposure, often deliver only mediocre returns. Since they passively track an index, ETFs are unable to take advantage of market inefficiencies or capitalize on undervalued securities in the same way actively managed funds can.

Considering your desire for balanced returns and exposure to US stocks akin to Parag Parikh-like funds, actively managed funds offer a more suitable option. They provide the potential for superior performance while aligning with your investment objectives and preferences. Working with a Certified Financial Planner can help you identify the most appropriate actively managed funds to include in your portfolio.
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DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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