i bought a property for 2.5 cr in the month of aug and for which i took a loan for 1.5 and rest i pooled money from my investments as downpayment.now i had another property which i have sold for 1.3 cr in dec. now i want a clarification that the capital gains from my sale can be booked in the property purchased in the same financial year or should i use the same money for house construction as the registration for my sale took place in dec, awaiting for your advice - shiju

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.

Ans: I understand that construction will be completed by Feb 2025. However, as due date of filing 31st July, you are required to deposit gain amount in notified capital gain scheme account or pay to builder on or before filing income tax return.

Ans: Calculation of Capital Gain

1. Determine the Purchase Price:

You purchased the property for Rs. 4,50,000.

2. Determine the Selling Price:

You sold the property for Rs. 19,45,000.

3. Calculate the Capital Gain:

Capital gain is the difference between the selling price and the purchase price.

4. Adjust for Inflation:

Since the property was held for more than two years, it qualifies as a long-term capital asset. To calculate the long-term capital gains (LTCG) accurately, adjust the purchase price for inflation using the Cost Inflation Index (CII). This adjustment helps account for the inflation impact over the holding period.

5. Long-Term Capital Gains Tax:

For properties held long-term, the LTCG tax rate is 20% with indexation benefits. This means you pay tax on the gains after adjusting for inflation.

Detailed Calculation:

Purchase Price: Rs. 4,50,000
Selling Price: Rs. 19,45,000
Capital Gain: Selling Price - Purchase Price = Rs. 19,45,000 - Rs. 4,50,000 = Rs. 14,95,000
After adjusting the purchase price for inflation using the CII, calculate the actual taxable gain. The tax is computed at 20% on the adjusted gain.

Final Insights

You have made a significant gain on your property. The total capital gain before indexation is Rs. 14,95,000. After adjusting for inflation, the taxable gain might be lower. The tax liability will be 20% on the adjusted gain. It’s advisable to consult a Certified Financial Planner or a tax expert to ensure accurate calculations and to explore possible exemptions or deductions that might be available to you.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in