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Sold ancestral property: How to compute capital gains tax and reinvest to avoid it?

Ramalingam

Ramalingam Kalirajan  |6292 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Aug 28, 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
Rishi Question by Rishi on Aug 16, 2024Hindi
Money

Hi, I have recently in August 24 sold ancestral property purchased by my grandfather in 1950. It was passed on from grandfather to my father then to me. I wish to reinvest the capital gains in buying new property to avoid capital gain tax. My queries are: 1. How the capital gain tax will be computed? 2. Is it mandatory to get FMV as on 1.4.2001 from Govt registered valuer? 3. How to claim 1% TDS deducted on sale value? 4. Can I choose old capital gain tax rule only if my capital gain tax is more in new one OR Do I have the option of choosing between old and new capital gain tax rule at my will? Thanks

Ans: When you sell an ancestral property, you need to calculate the capital gains to determine your tax liability. Since your property was acquired in 1950, the cost of acquisition will be indexed for inflation, and you'll calculate the capital gains based on the fair market value (FMV) as of 1st April 2001.

1. How the Capital Gain Tax Will Be Computed?
Steps to Compute Capital Gains:

Fair Market Value (FMV) as of 1st April 2001: Since the property was purchased in 1950, you can choose the FMV as of 1st April 2001 as your cost of acquisition. This is crucial for calculating the capital gains accurately.

Indexed Cost of Acquisition: The FMV as of 1st April 2001 is adjusted for inflation using the Cost Inflation Index (CII) to arrive at the indexed cost of acquisition. The formula is:

Indexed Cost of Acquisition = (FMV as of 1st April 2001) x (CII of Year of Sale / CII of 2001-02)

Calculation of Capital Gains: The capital gains are calculated as:

Capital Gains = Sale Value - Indexed Cost of Acquisition - Any Expenses on Transfer

Tax Rate: Since the sale occurred in August 2024, the new capital gain tax rule applies at 12.5%. You cannot choose the old capital gain tax rule as it is not applicable to sales made after 1st April 2024.

Example:

Let's assume the FMV as of 1st April 2001 is Rs. 10 lakh, and the property was sold for Rs. 1 crore in August 2024. The CII for 2001-02 is 100, and the CII for 2024-25 is 348 (hypothetical for illustration).

Indexed Cost of Acquisition = Rs. 10 lakh x (348/100) = Rs. 34.8 lakh

Capital Gains = Rs. 1 crore - Rs. 34.8 lakh = Rs. 65.2 lakh

Capital Gains Tax = 12.5% of Rs. 65.2 lakh = Rs. 8.15 lakh approximately

2. Is It Mandatory to Get FMV as on 1.4.2001 from Govt Registered Valuer?
Importance of FMV from Registered Valuer:

Accuracy and Compliance: It is highly recommended to get the FMV as of 1st April 2001 from a government-registered valuer. This ensures that the FMV used in your capital gains calculation is accurate and in compliance with the Income Tax Department's guidelines.

Documentary Evidence: In case of any scrutiny by the Income Tax Department, a valuation report from a registered valuer will serve as strong documentary evidence, safeguarding you against any disputes regarding the FMV.

Mandatory?

Yes, for Precaution: While it may not be legally mandatory to get the FMV from a registered valuer, it is strongly advised to do so to avoid potential issues with tax authorities. Without it, the Income Tax Department may question the FMV you have used, leading to complications.
3. How to Claim 1% TDS Deducted on Sale Value?
Understanding TDS Deduction:

Section 194-IA: When a property is sold, the buyer is required to deduct 1% TDS on the sale value if the sale consideration exceeds Rs. 50 lakh. This TDS is deducted at the time of sale and deposited with the government.
Claiming TDS Credit:

Form 26AS: Ensure that the TDS deducted is reflected in your Form 26AS, which is a consolidated tax statement issued by the Income Tax Department. This form shows all TDS credited to your PAN.

Filing Income Tax Return (ITR): While filing your ITR, you can claim the TDS deducted against your total tax liability. The 1% TDS will be adjusted against your total tax liability, and if your total tax liability is less than the TDS, you can claim a refund.

TDS Certificate: The buyer should provide you with a TDS certificate (Form 16B) as proof of the TDS deducted. Ensure you have this certificate when claiming the TDS credit.

4. Can I Choose Between Old and New Capital Gain Tax Rule?
Applicability of Tax Rule:

New Capital Gain Tax Rule: Since your property was sold in August 2024, the new capital gain tax rule is applicable. The new rule imposes a flat rate of 12.5% on long-term capital gains for property sales made after 1st April 2024.

No Option to Choose: You do not have the option to choose the old capital gain tax rule, as it is only applicable to property sales made before 1st April 2024. The government has mandated the new tax rule for all property sales post this date.

Reinvestment to Save on Capital Gains Tax
Section 54:

Reinvestment in New Property: To save on capital gains tax, you can reinvest the capital gains in purchasing a new residential property. Under Section 54 of the Income Tax Act, if you reinvest the capital gains within two years from the date of sale, you can claim an exemption from capital gains tax.

Capital Gains Account Scheme (CGAS): If you are unable to reinvest the capital gains before the filing of your ITR, you can deposit the capital gains in a Capital Gains Account Scheme (CGAS) with a bank. This allows you to claim the exemption while you decide on the reinvestment.

Time Limits: You must reinvest the capital gains within two years (for buying) or three years (for constructing) a new property to avail of the exemption under Section 54.

Final Insights
Selling ancestral property involves various tax implications. By understanding how capital gains are calculated, getting an FMV from a registered valuer, and claiming TDS, you can efficiently manage your tax liability. While the new capital gain tax rule at 12.5% applies to your sale, you can reinvest the gains in a new property to claim an exemption under Section 54. Always consider consulting with a Certified Financial Planner to ensure all aspects are covered and compliance is maintained.

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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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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Ramalingam

Ramalingam Kalirajan  |6292 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jul 19, 2024

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My Father has purchase a property for rs 115000 in year 1994.at Bhayandar west district Thane at Maharashtra state.and my Father did this registration in amnesty scheme in year 2008.and after that my Father died in year 2014.and after I made a release deed transfer this property in my name (son). I sold this residential property in June 2024for rs 30lakh.in this case I want to know the status of capital gain is there or not I also want to know if I sell this residential property .I can purchase ashop or not. If I want to save capital gain what is the solution to save my tax. Thanking u.
Ans: You sold a property in June 2024 for Rs 30 lakh. It was bought for Rs 1,15,000 in 1994. Let's evaluate if there's a capital gain.

Indexed Cost of Acquisition

The property purchase cost will be adjusted for inflation. This is called the Indexed Cost of Acquisition (ICA). The ICA is calculated using the Cost Inflation Index (CII) provided by the Income Tax Department.

Calculating Indexed Cost

Calculate the ICA to understand your capital gain. Since we won't use specific formulas here, you can consult a Certified Financial Planner to get the precise ICA value. This helps in determining the exact capital gain.

Long-Term Capital Gains (LTCG)

Since you held the property for more than 24 months, it is classified as a long-term asset. The profit from the sale, after adjusting for the ICA, is your Long-Term Capital Gain (LTCG).

Tax on LTCG

LTCG is taxed at 20% with indexation benefits. However, there are ways to save on this tax.

Investing in Another Property

You can save on capital gains tax by investing in another residential property. This is covered under Section 54 of the Income Tax Act. If you buy a residential house within two years or construct one within three years, you can claim exemption.

Investing in Capital Gains Bonds

Another option is to invest in Capital Gains Bonds under Section 54EC. These bonds have a lock-in period of five years and provide tax exemption on the gains. The maximum investment limit in these bonds is Rs 50 lakh.

Purchasing a Shop

Buying a shop will not provide capital gains tax exemption under Section 54. The exemption is only for residential properties. If you sell a residential property, you must reinvest in a residential property to save on capital gains tax.

Other Options to Save Tax

Residential Property: Invest in another residential property within two years.

Construction: Construct a new house within three years.

Capital Gains Bonds: Invest in these bonds within six months of the sale.

Final Insights

To save on capital gains tax, reinvest in a residential property or Capital Gains Bonds. Purchasing a shop will not help in saving tax on capital gains. Consulting a Certified Financial Planner can help you navigate these options efficiently.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

..Read more

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I am going to turn 34 years old this year. Me and my wife earn 3.7 Lakh Per Month In Hand (Post all deductions: Tax, EPF), above included salary and rental. 3 Lakh per month i can invest. How do you suggest i should invest for achieving my goals. In my family i have my Wife, Son 4 YO and my parents. Live with my parents in my own house so i do not plan to buy house. My wife and my own current savings: - 80 lakhs in Equity (PMS and Mutual Funds). - 45 Lakh in Crypto Currency (Invested 5 lakh very early and i want to stay invested). - Commercial Real Estate Office Worth 1 Cr. yielding rental of 47 thousand per month. - 15 Lakh Provident Fund - 20 Lakh Bank FD & Arbitrage Fund (Emergency Fund) - 5 Lakh Savings Account (Day today expenses) Expenses: - 70k per Month including everything (Daily expense, Vacation, mobile etc). - Our monthly expense is low as my father is also working and many other expenses (around 50k) are taken care by him only. I have health insurance cover from my company of 6.5 lakh. Personal medical insurance of 10 lakh. Term insurance from my company of around 1.7 crore. Personal Term Insurance of 4 crore. Zero loans. Goals: - 1.5 crore in today's terms 10-12 years later to reconstruct the house. - 40 lakh, 6 years later for new car. - 3-4 crore at age of around 55 (For my personal goal). - 2 crore for my son higher education. - 30 crore for my retirement.
Ans: Thanks for candidly sharing your goals, current income and savings/investments.

You have adequate term life cover but recommend to cover family and parents with healthcare cover of 50 L as a minimum considering increasing cost of medical treatments and rise in illnesses with age.

Your existing investments are considered as 95 L (Ignoring Emergency fund and saving account balance)

Crypto holdings are considered 0 since they are highly volatile, unregulated and not backed by any tangible asset.

1.5 Cr house reconstruction expenses 12 years hence translates into around 3 Cr considering 6% inflation.

So start a SIP of 90K for 12 years into Nippon India Multicap Fund & HDFC top 100 Fund(50:50)which may yield a corpus of 3.12 Cr(Considering modest return of 13%)

Next goal is car purchase after 6 years so initiate a SIP of 40K in HDFC balanced advantage fund which will yield a corpus of 40L considering modest return of 10.5%

Next goal is a corpus of 3-5 Cr when you will be 55 so you can do a SIP of 50K in PPFAS flexicap fund which will yield a corpus of 5.73 Cr assuming conservative return of 13%

Further important goal is corpus for child education so considering timeframe of 14 years recommend to do a SIP of 50K in HDFC Children's Gift Fund which will yield a corpus of 2Cr+ assuming modest return of 12%

Finally retirement goal of 30Cr assumed to be 25 years from now so you may start a SIP of 70K in ICICI Pru Retirement Fund Pure Equity Plan which yield you a corpus of 15.9 Cr considering modest growth of 13%.
Plus your corpus of 95 L at a modest return of 9.5% will yield a value of 9.18Cr after 25 years
So your total retirement corpus is now 15.9+9.18=25.08 Cr
Further the amount getting released after achievement of all other goals apart from retirement can be redeployed in a value based BAF(HDFC; 10% return) for residual span towards retirement goal.
i.e. 90K for 13 years --2.89 Cr
40K for 19 years--2.73 Cr
50K for 5 years----0.39 Cr
50K for 11 years---1.2 Cr
Total_-----------------------7.21 Cr

Adding this to our earlier calculated retirement corpus gives us comprehensive retirement corpus of 7.21+25.08= 32.21 Cr

Anything you get from Crypto is bonus!!

*Investments in mutual funds are subject to market risks. Please read all scheme related documents carefully before investing

You may follow us on X at @mars_invest for updates

Happy Investing!!

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Ramalingam

Ramalingam Kalirajan  |6292 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Sep 14, 2024

Asked by Anonymous - Sep 14, 2024Hindi
Money
I am 27 years old studying 3rd year MD, have the following monthly SIPs. 1.PPF 12500 2. PLI 5300 3. Jeevan Umang 5400 4. RD 4500 5. ICICI equity and debt fund 5000 6. ICICI india oppertunity fund 2000 7. Kotak multi cap fund 2000 8. Sundaram service fund 2000 9. Nippon small cap fund 2000 10. HDFC multi cap fund 2000 11. Canara robaco blue chip equity fund 2000 12. Motilal Oswal large and mid cap 5000 Please evaluate my portfolio and advice Do I need to cancel any of the above Or should I go for alternatives than above mentioned Kindly suggest
Ans: At the age of 27, with a long-term investment horizon, you have built a diverse portfolio. However, a review of your portfolio is necessary to ensure optimal returns and financial security. Let’s assess each of your existing investments while providing insights on potential improvements.

1. PPF (Public Provident Fund)

The PPF is a solid choice for risk-free, tax-efficient, long-term savings.

It offers guaranteed returns and tax benefits under Section 80C.
It should be continued as part of your debt allocation.
However, you may want to limit over-reliance on low-return instruments like PPF, as it has a lock-in period of 15 years and a lower growth potential compared to equities.
2. Postal Life Insurance (PLI)

PLI is one of the oldest and most reliable life insurance products in India.

It offers low premiums with high returns.
However, if you are purely looking for life cover, term insurance may offer a higher sum assured at a lower cost.
For wealth accumulation, this may not be the most optimal choice due to its moderate returns. It is advisable to review whether you need both PLI and Jeevan Umang (discussed below).
3. Jeevan Umang

Jeevan Umang is a combination of life insurance and investment, providing regular payouts.

Such investment-cum-insurance plans generally offer lower returns compared to mutual funds.
You might want to re-evaluate keeping this plan since standalone life insurance (term insurance) combined with mutual fund investments may provide better growth and flexibility.
Cancelling or surrendering this policy should be considered after evaluating its surrender value and whether it's feasible based on your financial goals.
4. Recurring Deposit (RD)

RDs are low-risk instruments but have relatively lower returns.

While RDs ensure capital safety, they might not be ideal for wealth creation, especially for long-term goals.
Since you're still young with a long investment horizon, it might be better to channel more funds into equities for higher growth potential.
Consider reducing or stopping this RD and redirecting the funds into equity-based investments.
5. ICICI Equity and Debt Fund

This hybrid fund is a balanced option offering exposure to both equity and debt.

It provides the potential for growth through equities while managing volatility with debt.
As you are young and have a long-term horizon, a higher allocation towards pure equity funds might yield better long-term results.
Evaluate whether you need a hybrid fund in your portfolio, as your other debt investments (PPF, RD) already provide stability.
6. ICICI India Opportunity Fund

This is a thematic fund, focused on certain sectors or market opportunities.

Thematic funds can be more volatile and risky compared to diversified equity funds.
Consider whether you need exposure to such a niche strategy. These funds can work well in a bull market but may not be ideal for consistent long-term growth.
It might be wiser to replace this fund with a more diversified equity mutual fund for better stability.
7. Kotak Multi Cap Fund

Multi-cap funds invest across large-cap, mid-cap, and small-cap stocks.

Multi-cap funds are suitable for long-term growth as they provide diversification across different market capitalisations.
This is a good choice to hold as it balances risk and returns by spreading investments across different categories.
No change is required here.
8. Sundaram Service Fund

Thematic funds like this one tend to focus on specific industries or sectors.

Sector-focused funds are prone to higher volatility due to limited diversification.
While such funds can provide high returns in specific cycles, they may not be ideal for consistent long-term growth.
You could consider switching to a diversified equity fund to reduce concentration risk.
9. Nippon Small Cap Fund

Small-cap funds have high growth potential but are also volatile.

Given your long-term horizon, small-cap funds can offer excellent growth opportunities.
However, small-cap funds should be a part of your portfolio, but with a smaller allocation due to higher risks.
Keep an eye on the fund’s performance and market conditions but maintain some exposure to small caps for aggressive growth.
10. HDFC Multi Cap Fund

Similar to the Kotak Multi Cap Fund, this fund offers broad exposure across different types of companies.

Multi-cap funds are an important component of a well-diversified portfolio.
Holding multiple multi-cap funds may lead to overlapping stock investments, so it may be beneficial to consolidate into one multi-cap fund for simplicity and efficiency.
No immediate need for cancellation, but consider streamlining your investments.
11. Canara Robeco Blue Chip Equity Fund

Blue chip equity funds invest in well-established companies with strong track records.

Blue chip funds are a stable option for long-term wealth creation with moderate risk.
These funds tend to perform well in the long term, providing stable growth.
Continue investing in blue-chip equity for consistent, lower-risk returns.
12. Motilal Oswal Large and Mid Cap Fund

This fund invests in a mix of large and mid-cap companies.

Large and mid-cap funds offer a balance of stability from large caps and growth potential from mid caps.
It’s a good choice to keep, given your long-term investment horizon.
Continue your SIP in this fund as it provides a diversified exposure to both stable and high-growth companies.
Portfolio Insights

Your portfolio is a mix of both equity and debt instruments. There are areas where you could improve efficiency and focus more on growth. Since you are young, your portfolio should focus more on equity investments rather than debt or conservative instruments.

Here are some points for improvement:

Consider reducing or stopping PLI, Jeevan Umang, and RD. They offer lower returns and are not ideal for wealth accumulation.
Consolidate your multi-cap funds to avoid redundancy and improve efficiency.
Consider moving away from thematic funds (ICICI India Opportunity, Sundaram Service) and replace them with more diversified options for better risk management.
Maintain small exposure to small-cap funds but don’t over-allocate due to volatility.
Large-cap and blue-chip funds should continue, as they provide stability to your portfolio.
Investment Strategy Moving Forward

Since you are currently pursuing your MD, you might want to focus on building a strong long-term growth portfolio. The following strategy could help you optimise your investments:

Increase Equity Exposure: Given your young age and long-term goals, you could increase your equity exposure to maximise returns. Equity mutual funds have historically outperformed other asset classes over long periods.

Reduce Debt Instruments: PPF is a good debt instrument, but the RD and life insurance policies may not be ideal for wealth creation. Consider directing those funds into more growth-oriented investments.

Review Insurance Needs: If your current life insurance policies are not providing adequate coverage, switch to a term plan that offers high coverage at a lower premium. This will allow you to free up more funds for investment purposes.

Consolidate and Simplify: You have multiple schemes in similar categories, which might lead to unnecessary overlap. Streamlining your portfolio by focusing on a few high-quality funds can make it easier to track performance.

Continue SIPs: SIPs are a great way to invest systematically. Increase your SIPs in funds with strong performance records and reduce exposure to underperforming or high-risk funds.

Monitor Portfolio Regularly: Keep track of your fund performance, rebalance annually, and make adjustments as needed to align with your goals.

Final Insights

Your portfolio is already in a good shape for someone at the start of their professional career. However, there are some areas where you could optimise for better returns. By focusing more on equity and less on conservative products like life insurance and RDs, you can enhance your wealth creation potential.

This shift in strategy will allow you to focus on long-term growth, ensuring a solid financial foundation for the future.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

...Read more

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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