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Can I Sell My Apartment for 199 Lacs After Having Purchased It for Rs.20 Lacs?

Janak Patel |9 Answers |Ask -Follow

MF, PF Expert - Answered on Oct 18, 2024

Janak Patel is a certified financial planner accredited by the Financial Planning Standards Board, India.
He is the CEO and founder of InfiniumWealth, a firm that specialises in designing goal-specific financial plans tailored to help clients achieve their life goals.
Janak holds an MBA degree in finance from the Welingkar Institute of Management Development and Research, Mumbai, and has over 15 years of experience in the field of personal finance. ... more

Question by Neeta on Oct 15, 2024Hindi

Money

I bought an apartment in Delhi in the year 2002 for 5 lacs (own funds) Plus 15 lacs bank loan for 15 years at interest rate of 10%. Now want to sell it for199 lacs. Please advise on following 1. How to work out cost of acquisition considering interest paid on bank loan and expenses incurred from time to time to upkeep the flat around 5 lacs. I don't have bank interest certificate. 2. What will be capital gains tax calculation if I sell it now with both options old v/s new. Please advise. Raghav.

Ans: Hi Neeta / Raghav,

At the high level the below should help you.

1. Cost of acquisition can include the purchase price and the cost of improvement, so the upkeep expenses to maintain the property cannot be consider, but if you made any form of addition/alterations to the property then you can include it.
The interest paid on loan is eligible for tax benefits, it cannot be included in the cost of acquisition.

2. Old Rule - using the CII for calculations indicate Capital gains of Rs130 lacs, the capital gains tax (20% on difference after indexation) works out to be approximately Rs26 lacs. Note exact dates of purchase/sale will determine the CII values to be used, assumed FY2002-3 and FY2024-25 for now.
New Rule (2024 budget) - Capital gains = difference of sale and cost price i.e. Rs179 lacs, tax of 12.5% on it is approximately Rs22 lacs.

Note - you can add/reduce the cost/sale price with expense incurred in transacting the property e.g. brokerage.

Options to save tax on the Capital gains amount
1. Reinvest in another residential property within 1 year prior and 2 years after sale date or construct within 3 years after sale date.
2. Invest in NHAI bonds - has lock-in period and the interest earned is taxable.

Please contact a CFP or a Tax consultant for further guidance.

Regards
Janak Patel
Certified Financial Planner.

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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Question by Thomas - 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

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Question by SUSHIL - May 29, 2023Hindi

Money

I have purchased a land of Rs. 2.5 Lacs in 2001 and start constructions on that in 2005 with 2 floors and also completed the constructions with in 5 months. Taken a loan from DHFL of Rs. 5 Lac and also repaid in next 2-3 years. Just two years back also extended one floor. Now there is 3 complete floor and one half floor is there. If today I sell this property (which is approx 80 sqyds plot size) in 70 lacs then how much capital gain tax (if applicable) I need to pay. Pl. also note that we don't so much documents for constructions related and total exp. is around 25-30 Lacs on that.

Ans: To calculate the capital gains tax on the sale of your property, we need to consider the acquisition cost, the cost of improvement, and the sale proceeds. Let's break down the calculations:

Acquisition Cost:
The acquisition cost is the amount you paid for the land in 2001, which is Rs. 2.5 lakhs.

Cost of Improvement:
The cost of improvement includes the expenses incurred for construction and any subsequent additions or extensions made to the property. In this case, it includes the construction of the initial two floors, the extension of one floor, and any other related expenses. You mentioned that the total expenses were around 25-30 lakhs. Let's assume the cost of improvement is Rs. 28 lakhs.

Indexed Cost of Acquisition and Improvement:
To adjust the acquisition cost and cost of improvement for inflation, we need to calculate the indexed cost. The indexed cost is calculated using the Cost Inflation Index (CII) provided by the Income Tax Department. The CII for the relevant years can be found on the Income Tax Department's website.

Let's assume the CII for the year 2001-2002 was 100 and for the current financial year, it is 317.

Indexed Cost of Acquisition = Acquisition Cost × (CII for the year of sale/CII for the year of acquisition)
Indexed Cost of Acquisition = Rs. 2.5 lakhs × (317/100) = Rs. 7,92,500

Indexed Cost of Improvement = Cost of Improvement × (CII for the year of sale/CII for the year of improvement)
Indexed Cost of Improvement = Rs. 28 lakhs × (317/100) = Rs. 88,76,000

Capital Gain:
To calculate the capital gain, deduct the indexed cost of acquisition and the indexed cost of improvement from the sale proceeds.
Capital Gain = Sale Proceeds - (Indexed Cost of Acquisition + Indexed Cost of Improvement)
Capital Gain = Rs. 70 lakhs - (Rs. 7,92,500 + Rs. 88,76,000)
Capital Gain = Rs. -26,68,500 (Assuming the indexed cost is higher than the sale proceeds)

Since the calculated capital gain is negative, it means there is no capital gain tax applicable in this case. This is because the sale proceeds are less than the indexed cost of acquisition and improvement.

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Question by Lakshmi - Nov 29, 2024Hindi

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I am 49 years old working in private sector. Currently, drawing Rs. 1.50 lakhs per month, my investment details. - Lumpsum investment – canara robeco midcap regular – Rs.2 lakhs, union multicap fund –Rs.1 lakh, mahindra Manulife small cap rs.2 lakh; canara robeco multi cap Rs.2.20 lakhs; mahindra Manulife business cycle fund – Rs. 50,000; white oak capital large & mid cap fund – Rs. 100,000; ICICI prudential energy opportunities fund – rs. 100,000 - SIP – HDFC Defence fund – Rs. 10,000; mahindra manulife manufacturing fund – Rs.10000; white oak special opportunities fund 10,000 - FD with HDFC bank – rs. 12,00,000 - LIC – Rs. 10 lakhs My future expenditure, daughters marriage in 3 to 4 years and to purchase house in chennai and to save money for retirement. Please give me advice on how to invest so that I can meet my future demands and have a self-sufficient retirement.

Ans: Assessment of Current Investments
Mutual Funds

Your portfolio has a good mix of midcap, multicap, small-cap, and sectoral funds.
Diversification across different fund categories is appreciable.
However, the allocation to thematic and sectoral funds like defence, manufacturing, and energy is high.
Sectoral funds can be volatile and risky, especially for near-term goals.
Fixed Deposit (FD)

Rs. 12 lakh in FD provides stability and liquidity.
FDs are suitable for short-term needs but offer limited growth potential.
LIC Policy

The LIC policy provides Rs. 10 lakh, likely covering insurance and investment.
Such policies usually yield lower returns than mutual funds.
Future Financial Goals
Daughter’s Marriage (3–4 years)

Allocate funds with a low-risk profile for this goal.
Avoid high exposure to equity for this purpose.
House Purchase in Chennai

Save in instruments that offer both safety and moderate returns.
Flexibility and liquidity are important for this goal.
Retirement Corpus

Focus on long-term equity investments for growth.
Diversify to balance returns and risk.
Proposed Investment Strategy
Short-Term Goals (Daughter’s Marriage and House Purchase)
Utilise Fixed Deposits Wisely

Allocate a portion of your FD for your daughter’s marriage.
Retain some FD for emergency purposes only.
Invest in Debt Mutual Funds

Choose high-quality short-duration or dynamic bond funds.
Debt funds can provide better post-tax returns than FDs.
Keep the money safe and accessible for short-term use.
Avoid Sectoral and Thematic Funds

Shift sectoral fund investments to safer debt-oriented funds.
Sectoral funds are not suitable for short-term goals.
Medium- to Long-Term Goal (Retirement Planning)
Increase SIP in Diversified Equity Funds

Diversify into flexicap, multicap, or large-cap funds.
These funds balance risk and growth for long-term wealth creation.
Reduce Thematic Fund Allocation

Limit exposure to thematic funds to less than 10% of the portfolio.
Reallocate to well-diversified equity funds.
Invest in Hybrid Funds

Include balanced advantage or hybrid equity funds.
These funds reduce volatility while offering equity-like returns.
Consider Equity-Linked Savings Scheme (ELSS)

Invest in ELSS for tax-saving benefits under Section 80C.
ELSS funds also offer long-term growth.
General Recommendations
Review Insurance Policy

Assess if the LIC policy offers adequate life coverage.
If it is a traditional endowment or ULIP, consider surrendering.
Reallocate proceeds to mutual funds for better returns.
Maintain Emergency Fund

Keep 6–12 months’ expenses in a savings account or liquid funds.
This ensures you have liquidity for unforeseen expenses.
Monitor and Rebalance Portfolio

Review your portfolio quarterly or semi-annually.
Rebalance to maintain alignment with your goals.
Focus on Tax Efficiency

Use tax-efficient instruments like ELSS, debt funds, and retirement-focused funds.
Plan withdrawals strategically to reduce tax impact on capital gains.
Retirement Planning Recommendations
Systematic Withdrawal Plan (SWP)

In the future, use SWP from mutual funds for retirement income.
It provides tax efficiency compared to traditional annuities.
Healthcare Planning

Ensure your health insurance coverage is adequate for post-retirement needs.
Increase coverage if necessary to avoid financial strain later.
Invest in Equity for Growth

Continue investing in equities for long-term wealth appreciation.
Equity helps combat inflation effectively over the years.
Final Insights
Your investment portfolio is commendable and diversified. However, some adjustments can improve alignment with your goals. Reduce sectoral exposure and shift towards safer instruments for short-term needs. For retirement, continue SIPs in diversified equity and hybrid funds. Regular monitoring and rebalancing will keep your financial plan on track. With these changes, you can achieve your goals while ensuring a comfortable and self-sufficient retirement.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

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Asked by Anonymous - Dec 12, 2024Hindi

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Can I utilise my money received by cancelling aggreement of one flat to repay the loan amount for the flat where I am residing?

Ans: Yes, you can use the money received from cancelling the agreement of one flat to repay the loan for the flat where you are residing. This can be a financially prudent decision, especially if the loan carries a high-interest rate. Here’s a detailed analysis to help you decide:

Benefits of Using the Money to Repay Your Loan
Interest Savings

Paying off your home loan early can save significant interest.
The earlier you repay, the more you save on interest due to the reducing balance method.
Debt-Free Living

Being debt-free reduces financial stress.
You free up cash flow that can be allocated to other financial goals.
Guaranteed Returns

Loan repayment offers guaranteed returns equivalent to the interest rate on your loan.
This is often better than the post-tax returns from other investments.
Enhanced Creditworthiness

Paying off a loan improves your credit score.
This is beneficial if you plan to borrow in the future for any purpose.
Factors to Consider Before Repaying the Loan
Prepayment Penalty

Check if your lender imposes a penalty for early repayment.
Most lenders, however, do not charge penalties on floating-rate loans.
Emergency Fund

Ensure you have an adequate emergency fund before using the money to repay the loan.
Ideally, keep 6-12 months of expenses in a savings account or liquid funds.
Opportunity Cost

Compare the potential returns from investing the money against the savings from loan repayment.
If your loan interest rate is lower than potential investment returns, consider investing instead.
Tax Benefits

Home loan interest payments qualify for tax benefits under Section 24(b) of the Income Tax Act.
Principal repayments are eligible under Section 80C.
If you repay the loan, you forgo these benefits, so weigh the impact on your tax planning.
Alternative Approaches
Partial Repayment

Consider making a partial repayment instead of fully paying off the loan.
This reduces the principal while keeping some funds liquid for other opportunities.
Invest for Higher Returns

If your loan interest rate is low, explore investing in mutual funds or other instruments.
Over time, these investments could potentially offer better post-tax returns.
Settle High-Cost Loans First

If you have any other high-interest loans, prioritise repaying those.
Examples include personal loans or credit card debts.
Final Insights
Repaying your home loan with the money from the cancelled flat agreement is a sound decision if your goal is to reduce debt and save on interest. However, consider your overall financial situation, including tax benefits, liquidity needs, and potential investment opportunities. A balanced approach—partly repaying the loan and investing the remaining amount—could offer the best of both worlds. Consulting a Certified Financial Planner can help you tailor the decision to your specific goals and circumstances.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

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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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