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Ramalingam

Ramalingam Kalirajan  |7101 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jun 05, 2024

Ramalingam Kalirajan has over 23 years of experience in mutual funds and financial planning.
He has an MBA in finance from the University of Madras and is a certified financial planner.
He is the director and chief financial planner at Holistic Investment, a Chennai-based firm that offers financial planning and wealth management advice.... more
shakir Question by shakir on Jun 05, 2024Hindi
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Hi sir. I am a 76 year old muslim widowed lady. I hav 1250 grams of gold jewellry but hav no proof of purchase. I got some of this gold from my parents when i married and some from my husband and some as gifts during my lifetime. I want to sell this gold and receive the amount in my bank AC thru RTGS. I want to give this amount to my grandson in his AC to buy a house for himself. Will i have to pay any tax on it. My son is also alive .

Ans: Selling Gold Jewellery: Tax Implications and Considerations
As a 76-year-old widowed lady, planning to sell gold jewellery totaling 1250 grams without proof of purchase, you have several considerations to make. Your intention to transfer the proceeds to your grandson for purchasing a house raises questions regarding tax implications and legalities. Let’s delve into the details.

Selling Gold Jewellery Without Proof of Purchase
Selling gold jewellery without proof of purchase may present challenges, especially concerning taxation. Without invoices or bills, establishing the source of the gold becomes difficult. However, considering the jewellery's sentimental value and the circumstances surrounding its acquisition, there might be ways to navigate this situation.

Tax Implications
As per Indian tax laws, the sale of gold jewellery is subject to capital gains tax. However, exemptions exist for inherited assets and gifts from relatives, including parents and spouses. Since you acquired some of the gold from your parents and husband, and received some as gifts during your lifetime, these acquisitions might qualify for exemption from capital gains tax.

Transfer of Proceeds to Grandson
Transferring the sale proceeds to your grandson's bank account for purchasing a house is a generous gesture. However, this transaction might trigger tax implications, particularly regarding gift tax.

Gift Tax Considerations
Under Indian tax laws, gifts received from specified relatives, including grandparents to grandchildren, are exempt from gift tax. Hence, if you transfer the sale proceeds to your grandson, it should not attract gift tax, provided the amount does not exceed the specified threshold.

Involvement of Son
The presence of your son may influence the tax implications and legalities of the transaction. Since your son is alive, his involvement in the transfer of proceeds to your grandson may affect tax planning strategies. Consulting with a tax advisor or Certified Financial Planner (CFP) would be prudent to ensure compliance with tax laws and explore tax-efficient options.

Conclusion
In summary, selling gold jewellery without proof of purchase and transferring the proceeds to your grandson for purchasing a house involves tax implications and legal considerations. While the sale proceeds may be exempt from capital gains tax due to the jewellery's inherited and gifted nature, transferring the amount to your grandson requires careful planning to avoid gift tax implications. Involving your son in the decision-making process and seeking professional advice from a tax advisor or CFP can help ensure a smooth and tax-efficient transaction.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
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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Can you please suggest on capital gains as per Indian taxation laws arising in the below two queries : 1) property purchased with joint ownership, me and my wife’s name in 2015 at a cost of 64,80,000, housing improvements done for the cost of 1000000 and brokerages of 200000 paid and sold the same property at 10000000 in Dec 2023? 2) 87% of the proceeds got from the deal i.e 8700000, have been reinvested to pay 25% amount in purchasing another joint ownership property in Dec 2023, 3) I have invested in another under construction property in Nov 2023 by taking housing loan, which is on me and my wife’s name worth 1.4 cr, here the primary applicant is me only while wife is just made a Co applicant in the builder buyer agreement and also on the housing loan . So what are the LTCG tax liabilities arising from the above 3 scenarios for FY 2023-2024 and FY 2024-2025. I intend to sale off the property acquired in (2) by Dec 2024 and use that proceeds to close the housing loan for the property acquired in (3), will this sale of property be inviting any tax liabilities if the complete proceeds received from the sale of the property in (2) would be utilised to close the housing loan taken in Nov 2023 for the property in (3) ? Since in FY 23-24, I would be claiming the LTCG from the sale proceeds of 1) invested in the purchase of property in 2), and I intend to sale off this property in Dec 2024, will the LTCG claim be forfeited on the property sale in (1), should I hold this property at least for further 1 year so that sale of this property in 2) will not invite STCG?
Ans: (A). Let's first talk about F/Y 2023-24 :
You jointly sold a Property during the year for Rs.76.80 lakhs (64.80+10.00+2.00), & sold the same for Rs.100.00 lakhs.
You have jointly also purchased Property No.3 (I suppose it is Residential only), for Rs.140.00 lakhs.
You should avail exemption u/s-54 & file your ITR accordingly. Please disclose all details about sale & purchase in your ITR.
02. Now coming to the F/Y 2024-25 :
You intend to Sell Property No.2, which was acquired in 2023-24. Any Gain on Sale of it would be Short Term capital Gains & taxed accordingly.
Alternatively, you may hold this sale of property no.2 (for 2 years from its purchase) & avoid STCG
You are free to utilize the sale proceeds in a way you like, including paying off your housing Loan.
Please note to avail exemption u/s 54 only from investment in property no.3 & not 2.
Most welcome for any further clarifications. Thanks.

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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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