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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, 2023Translate
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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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Hardik

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Tax, Mutual Fund Expert - Answered on Jul 23, 2023

Asked by Anonymous - Jul 20, 2023Translate
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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

Tejas Chokshi  |126 Answers  |Ask -

Tax Expert - Answered on Aug 07, 2023

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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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Financial Planner - Answered on Feb 24, 2024

Asked by Anonymous - Feb 23, 2024Translate
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What are balanced advantage funds and would you recommend how I should go about investing in such funds?
Ans: Balanced Advantage Funds are a type of mutual fund that dynamically manages the allocation between equity and debt instruments based on market conditions. These funds aim to provide investors with a balance between growth (through equity exposure) and stability (through debt exposure). The allocation between equity and debt is adjusted by fund managers based on various factors such as market valuations, interest rates, and economic indicators.

Here's a breakdown of the key features and considerations for investing in Balanced Advantage Funds:

1. Dynamic Asset Allocation: These funds have the flexibility to shift allocation between equity and debt depending on market conditions. When equity markets are expensive or overvalued, the fund manager may reduce equity exposure and increase allocation to debt instruments, and vice versa.

2. Risk Management: Balanced Advantage Funds tend to offer lower volatility compared to pure equity funds due to their ability to switch between asset classes based on market conditions. This can potentially reduce downside risk during market downturns.

3. Goal-based Investing: They can be suitable for investors with medium to long-term investment horizons who seek a balance between capital appreciation and capital preservation. These funds are often used for goals like retirement planning or wealth creation with a moderate risk profile.

4. Professional Management: Investors benefit from the expertise of professional fund managers who actively manage the asset allocation and investment decisions based on thorough research and analysis.

5. Tax Implications: From a taxation perspective, gains from equity investments held for more than one year are taxed at a lower rate (long-term capital gains tax), whereas gains from debt investments held for more than three years are taxed as per the investor's income tax slab. Balanced Advantage Funds may offer tax efficiency due to their equity exposure.

6. Expense Ratio: Investors should consider the expense ratio of the fund, which represents the annual fees charged by the fund house for managing the fund. Lower expense ratios can enhance returns over the long term.

As for whether you should invest in Balanced Advantage Funds, it depends on your investment objectives, risk tolerance, and financial goals.

If you're seeking a balanced approach with the potential for higher returns than pure debt funds but with lower volatility compared to pure equity funds, then these funds could be suitable for you. However, it's essential to consult with a financial advisor who can assess your individual circumstances and recommend the most appropriate investment strategy.

If you decide to invest in Balanced Advantage Funds, you can do so through various platforms such as mutual fund distributors, online investment platforms, or directly through the fund house's website. Here's a general guide on how to invest:

1. Research: Understand the different Balanced Advantage Funds available in the market, their investment objectives, performance track record, and expense ratios.

2. Select a Fund: Choose a fund that aligns with your investment goals, risk tolerance, and time horizon.

3. KYC Compliance: Complete the Know Your Customer (KYC) process as required by regulatory guidelines. This typically involves providing identity and address proof documents.

4. Investment Process: Decide on the mode of investment, whether lump sum or systematic investment plan (SIP), based on your convenience and investment strategy.

5. Online Platform or Distributor: If investing through an online platform, create an account and follow the instructions to invest in your chosen Balanced Advantage Fund. If using a mutual fund distributor, approach them with your investment decision, and they will assist you with the investment process.

6. Monitor and Review: Keep track of your investments periodically and review your portfolio to ensure it remains aligned with your financial goals.

Remember that all investments carry some level of risk, including the potential loss of capital. Diversification and a long-term investment approach are generally recommended to mitigate risk and achieve your financial objectives.
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Anu

Anu Krishna  |725 Answers  |Ask -

Relationships Expert, Mind Coach - Answered on Feb 24, 2024

Asked by Anonymous - Feb 21, 2024Translate
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Relationship
Good Morning, We are married for almost 27 years and at various stages of my wife like, beginning days when Girls had dream of her happy married life beginning, honeymoon, pregnancy, fostering the child, mid-age crisis and now Menopause I have been very unfair & sometime very cruel to my wife. I am tryint to please her in my possible ways but whenever I am planning something exciting & pleasurable for her it turn out to be flop show & nightmare. I want her to be happy but don't know why it gets spoiled due to one or other reason. Despite of all this she is always giving me chance and prepare herself for new beginning. But now I fear & feel gradually I will become a big liability on her, health wise as I am diabetic and even after taking high dose of medicines it doesn't get controlled. I am worried that though the beginning was not good our end should be Peaceful & graceful. Need your guidance
Ans: Dear Anonymous,
No point revisiting what has already happened. It seems like your wife wants a new beginning; then why not actually plan on how you want your life together to be from now on? What are the things that you have missed out on earlier, bring it all back and slowly start experiencing what life could be living in that harmony...
As for diabetes, getting the right medicine and taking it in the right dosage is important to see a change. Also, exercise, attempt to keep stress levels low and eat right...these help in keeping your blood sugar levels low...
Don't talk about the END when there is a NEW beginning in sight...

All the best!
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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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