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Anil

Anil Rego  |379 Answers  |Ask -

Financial Planner - Answered on Oct 07, 2022

Anil Rego is the founder of Right Horizons, a financial and wealth management firm. He has 20 years of experience in the field of personal finance.
He’s an expert in income tax and wealth management.
He has completed his CFA/MBA from the ICFAI Business School.... more
Anil Question by Anil on Oct 07, 2022Hindi
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This is calculated using Cost Inflation Index (CII). In cases where the property is bought before 2001, the IT laws allow you to adopt the fair market value as of 1st April 2001.  It may be noted that this fair market value cannot be higher than the circle rate/guidance value as of this date.

The CII of 2001-02 is taken as base value of 100 and this value for current FY is 331.

The Indexed Cost of Acquisition will thus be = 331/100*(FMV as of 1st April, 2001). 

If you have spent for any maintenance etc., you can add to this and claim.

The capital gain tax will be 20% of the Sale value minus Indexed Cost of Acquisition.

Surcharge and Cess will be as applicable on the above tax computation.

3. How to invest this money and in what type of instruments so that tax can be saved?

Ans: You can save tax on the capital gains by investing into different avenues:

a. Purchase or construct another house. New house is purchased one year before or two years after the sale of the old house or new house is constructed within 3 years after the sale of the old house. This new house can’t be sold within 3 years of possession. The cost of new property should be less than the earlier sale amount.

b. You can invest in 54EC bonds to a maximum limit of Rs 50 lakh. You must invest in notified bond within 6 months of sale.

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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Mihir

Mihir Tanna  | Answer  |Ask -

Tax Expert - Answered on Oct 03, 2022

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I booked a house from builder in March 2012 with basic price of Rs 30.89 lakh + gst of around 3%. I paid around Rs 12.37 lakh + gst by July 2012 and balance of Rs 18.52 lakh approx + gst by 31.05.2013 in equal monthly installments. In March 2016, I paid EDC of approx Rs 1 lakh, Rs 1.43 lakh as freehold charges, stamp duty of Rs 2.27 lakh and registry charges of Rs 0.20 lakh aggregating Rs 35.79 lakh + gst. Total cost including gst is approx Rs 37.00 lakh. The registry was executed in January 2017. Now, I expect to sell my property in September 2022 at a consideration of Rs 72 lakh. I have the undernoted questions: 1. Shall I get indexation benefit from the date of payments made to the builder or date of registry? 2. Do I need to open capital gains account or can I realise the sale proceeds in my regular savings account and invest the LTCG in the chosen bonds? 3. Do I need to deposit the entire sale proceeds in the notified bonds or only the LTCG after indexation and rest money utilize in whatever way I like without attracting tax?  4. Will GST be included in the cost of acquisition of my property?
Ans: Indexation benefit will be available from the date of payments made to the builder.

If you want to avail tax exemption by investing in bonds, you have to invest amount of taxable capital gain (derived after taking benefit of indexation), in bonds within 6 months of transfer of property.

Accordingly, sale proceeds can be realised in regular saving account and can be kept till the time you invest in specified bonds.

..Read more

Ramalingam

Ramalingam Kalirajan  |7720 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on May 11, 2024

Asked by Anonymous - Apr 23, 2024Hindi
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My land area 750cents. Offer amount rs.33000/cent Fare value rs.54500/cent. Will take 2 capital gain bond Approximate tax calculation pl.? For purchaser what will be the tax? Purchaser will pay the tax beyond 33000/ cent.
Ans: Capital Gains Tax Calculation for Land Sale in Chennai (Disclaimer: This is an estimate, consult a tax advisor for specific calculations)
Here's an approximate calculation of your capital gains tax for selling 750 cents of land in Chennai:

1. Capital Gains Calculation:

Total Sale Value: 750 cents * ?33,000/cent = ?24,75,000
Fair Value (Assuming Used for Cost Calculation): 750 cents * ?54,500/cent = ?40,87,500
Capital Gains: ?40,87,500 (Fair Value) - ?24,75,000 (Sale Value) = ?16,12,500
2. Taxable Capital Gains:

You can potentially claim exemptions under various sections of the Income Tax Act, 1961. Here are two possibilities:

Section 54: This allows exemption of capital gains tax if you invest the gains in a new residential property within one year before or three years after the sale. However, this exemption might not apply since the land you're selling is not considered a residential property.
Section 54EC: This allows exemption if you invest the capital gains in specific government bonds within 6 months of the sale.
In this scenario, without considering any exemptions, your taxable capital gains would be ?16,12,500.

3. Capital Gains Tax Rate:

The capital gains tax rate for land depends on the holding period:
Short-term capital gains (held for less than 2 years): Taxed at your income tax slab rate (can be up to 30%).
Long-term capital gains (held for more than 2 years): Taxed at 20% with indexation benefit (adjusts for inflation).
Without knowing the holding period, we can't determine the exact tax rate.

4. Capital Gains Tax with Bonds (Section 54EC):

If you choose to invest in specific government bonds under Section 54EC within 6 months of the sale, the entire capital gains amount (?16,12,500) can be exempt from taxation.
5. Purchaser's Perspective:

The purchaser generally doesn't pay capital gains tax on the purchase.
However, they might need to pay stamp duty and registration charges on the purchase price of the land as per the prevailing rates in Chennai.
Important Note:

This is a simplified explanation, and tax laws can be complex. For an accurate calculation of your capital gains tax liability, consult a qualified tax advisor in Chennai. They can consider factors like your specific situation, holding period, and any applicable exemptions to provide the most accurate estimate.
Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

..Read more

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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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