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Tejas

Tejas Chokshi  |126 Answers  |Ask -

Tax Expert - Answered on Aug 07, 2023

CA Tejas Chokshi has over 20 years of experience in financial planning, income tax planning, strategic and risk advisory, banking and financial products and accounting and auditing.
He is an information system auditor, a forensic auditor and concurrent bank auditor.
Chokshi, who has a master’s degree in management, audit and accounting from Gujarat University, has completed his CA from the Institute of Chartered Accountants of India.... more
Siddramappa Question by Siddramappa on Aug 07, 2023Hindi
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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
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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Hardik

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Tax, Mutual Fund Expert - Answered on Jul 23, 2023

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Hellow Sir, In February, 2023 I had sold a House Property and there is Capital Gain around 15.00 lakh. From the sale proceed I received, I have already bought a housing plot(land) costing Rs.11.00 Lakh, in May, 2023, in a Govt. approved scheme and this has also been registered in my favour. All other formalities for its mutation has also been completed. Since I am planning to construct house on this newly acquired Plot in next 2 years, kindly guide:- (1)whether the amount already incurred in acquiring above Housing Plot would also be considered against utilization of Capital Gain ? (2)the amount I have to kept in the Capital Gain Account Scheme for utilization during construction of House shall be Rs.15.00 Lakh OR Rs.4.00 Lakh (after deducting cost of Plot i.e. Rs.11.00 Lakh) ? Kindly Guide Regards !
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.

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Sanjeev

Sanjeev Govila  |458 Answers  |Ask -

Financial Planner - Answered on Jul 28, 2023

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I have some queries regarding tax on sale of my property which I need to show in my Income Tax return in FY-2023-24. I had purchased a flat in Kolkata at a total cost of 8.50 lacs [including registration cost] and registration was done in April, 2004. I had sold the said flat in May,2023 at Rs.31 lacs. My queries are :- 1. Do I need to pay Capital Gain tax on the sale of this flat ? 2. How much tax do I need to pay ? 3. How to show this capital gain income and tax in my Income Tax retirn next year ? Please advise. Regards, Ratan K. Saha
Ans: You need to understand the following things about taxation of your flat:-
1. You have earned a profit (called capital gains in this context) on the sale of your house. So tax is due.
2. However, tax will not simply be 31L – 8.5L. The Govt gives you an advantage of inflation over the years which increases your purchase cost through a process called ‘Indexation’, thus decreasing your tax. Please google and read up on it, or contact a good CA or a financial advisor.
3. You also get credit for registration and stamp duty charges, brokerages paid as also any improvements done in the house of a permanent nature.
4. Please read up on Income Tax Section 54 which also gives out how you can save tax on your final capital gains arrived at.
5. The entire calculations and sale/purchase details have to be shown in the ITR. Most probably you will be filling ITR-2 for this next year but please ascertain the same when you are about to file the tax since rules keep changing.

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Latest Questions
Ramalingam

Ramalingam Kalirajan  |5163 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jul 23, 2024

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I am 42 and want to retire by 60, I have 10 lacs in MF, 10lac in equity, 50 lac in FD, 4cr in real estate land shops etc. I don't own a house. What should be my strategy from here my monthly expenditure is close to 2 lac.
Ans: Current Financial Overview
You are 42 years old. You want to retire by 60. You have Rs. 10 lakhs in mutual funds. You have Rs. 10 lakhs in equities. You have Rs. 50 lakhs in fixed deposits. Your real estate investments are worth Rs. 4 crores. You don't own a house. Your monthly expenditure is Rs. 2 lakhs.

Assessing Your Financial Position
Mutual Funds:

Rs. 10 lakhs in mutual funds.
This provides potential for growth.
Equities:

Rs. 10 lakhs in equities.
This is good for long-term growth.
Fixed Deposits:

Rs. 50 lakhs in fixed deposits.
Safe but with low returns.
Real Estate:

Rs. 4 crores in land and shops.
Significant value but not liquid.
Monthly Expenditure:

Rs. 2 lakhs per month.
High living expenses.
Investment Strategy
Emergency Fund:

Keep at least 6 months of expenses.
This means Rs. 12 lakhs.
Diversify Investments:

Increase mutual fund investments.
Focus on large-cap and balanced funds.
Fixed Deposits:

Consider reducing FD amounts.
Reinvest in mutual funds for better returns.
Equities:

Continue with equity investments.
Diversify within sectors.
Real Estate:

Real estate is illiquid.
Consider selling some assets.
Reinvest proceeds in diversified mutual funds.
Retirement Planning
Calculate Retirement Corpus:

Aim for a substantial corpus.
This should cover post-retirement expenses.
Systematic Investment Plan (SIP):

Start SIPs in actively managed mutual funds.
This ensures disciplined investing.
Regular Review:

Review your portfolio every six months.
Adjust based on market conditions.
Benefits of Actively Managed Funds
Expert Management:

Professionals manage actively managed funds.
They aim to outperform the market.
Better Returns:

Actively managed funds often give higher returns.
They adapt quickly to market changes.
Disadvantages of Index Funds
No Outperformance:

Index funds mirror the market.
They can't outperform during good market phases.
Lack of Flexibility:

Index funds lack flexibility in volatile markets.
Disadvantages of Direct Funds
Complex Management:

Direct funds need more personal management.
Regular funds offer professional oversight.
Regular Funds Benefits:

Investing through MFD with CFP credential is beneficial.
They provide expert advice and management.
Owning a House
Consider Buying a House:

Owning a house gives stability.
It reduces future rent expenses.
Use Existing Assets:

Use some FD or real estate proceeds.
Fund the house purchase without heavy loans.
Tax Planning
Utilise Tax Benefits:

Invest in tax-saving instruments.
Reduce taxable income and save more.
Final Insights
To retire by 60, focus on diversified investments. Ensure an emergency fund. Increase mutual fund investments. Consider selling some real estate. Reinvest proceeds wisely. Buy a house for stability. Review your portfolio regularly. Consult a Certified Financial Planner for personalized advice. Stay disciplined and focused on your financial goals.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

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