Concerned Home Buyer: Capital Gains Tax on Auctioned Property?

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

Ans: Yes, Stamp duty and registration fee will form part of cost of acquition. However it is not advisable to consider it as cost, if deduction u/s 80C is taken in the year of purchase.

Further, cost of improvement will allowed for deduction separately while calculating capital gain.

Ans: Yes, capital gains will be attracted depending upon the cost at which she purchased the land.

Method to calculate capital gains is Sales consideration - expenses in relation to sales - indexed cost of acquisition.

Please take your CAs advice before moving ahead.

Ans: Yes, in this scenario, you will likely incur capital gains tax when you sell the land.

Here's why:

• Gifts are exempt from receiving taxes: When your brother gifted you the land in 2010, you weren't liable to pay any tax on receiving it.
• Tax on sale of gifted property: However, when you sell the property you received as a gift, capital gains tax applies to the profit earned on the sale.

Calculating Long Term Capital Gains (LTCG):

Since your brother purchased the land in 1983 and you sold it in 2024, it qualifies as a long-term capital gain (LTCG) assuming you held the property for more than 2 years.

Here's a simplified formula to estimate the LTCG (consult a tax advisor for the exact calculation):

• LTCG = Sale Price - Indexed Acquisition Cost
• Sale Price: Rs 1,40,00,000 (Given)
• Acquisition Cost: Rs 0 (Gifts typically have an acquisition cost of Rs 0)
• Indexed Acquisition Cost: Acquisition Cost * (Current Year Index / Acquisition Year Index)

Indexation Benefit:

• Indexation helps adjust the acquisition cost for inflation, reducing your tax burden.
• You'll need the official government published ‘Base Year Index’ for 1983 and 2024 to calculate the indexed acquisition cost.

Example (using hypothetical index values):

Let's assume (for calculation purposes only) the base year indices are:

• 1983: 100
• 2024: 630 (This is a hypothetical value, you'll need the actual index for 2024)
• Indexed Acquisition Cost = Rs 0 (Acquisition Cost) * (630 / 100) = Rs 0
• LTCG = Rs 1,40,00,000 (Sale Price) - Rs 0 (Indexed Acquisition Cost) = Rs 1,40,00,000

Tax on LTCG:

LTCG on land is currently taxed at 20% with indexation benefit.

In this example (assuming the above index values), your LTCG tax would be Rs 1,40,00,000 * 20% = Rs 28,00,000

Disclaimer:

This is a simplified explanation for illustration purposes only. Consulting a qualified tax advisor is recommended for accurate tax calculations and to consider any specific aspects of your situation. They can guide you through the intricacies of property tax laws, exemptions, and filing requirements.