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Can My Father Claim Tax Deduction on the New Property?

T S Khurana

T S Khurana   |255 Answers  |Ask -

Tax Expert - Answered on Aug 31, 2024

A certified management accountant since 1993, T S Khurana is a fellow member of The Institute of Cost Accountants of India. His areas of expertise are income tax, specifically litigation cases, and GST.

Since the last 21 years, he has also been providing expert advice on financial matters, including investments and diversification of funds, and wealth building in the long term to his clients.
He believes that investment in real estate is the safest way for better returns and wealth generation over a period of time.

A former chairman of the Chandigarh Chapter of Institute of Cost Accountants of India, T S Khurana has also served as member of its technical committee.... more
Asked by Anonymous - Aug 11, 2024Hindi
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My father is planning to sell one residential property and the proceeds of the sale plus loan that will be drawn by me (i.e. his son) would be consideration for purchasing of new property that would be under my name (I.e. his son). Will my father be able to claim deduction under sec 54 or should the new residential property be under his name only or can the new residential property can be under joint name? As per one of case laws this was allowed as deduction refer below summary: regards the name under whom the property is purchased, it can be seen that the son of the assessee is a direct relation and as per the Hon’ble Delhi High Court decision in case of CIT(A) Vs. Kamal Vahal 351 ITR 4 where the assessee purchased a new house in name of his wife, the claim under Section 54 is held valid. Thus, the exemption could not be denied if the entire investment had come out of the proceeds of an old property. Thus, the order of the CIT(A) is not justified in light of the decision in case of Kamal Vahal,” the Tribunal said Can you please confirm if my father can claim this exemption

Ans: 01. It is better to purchase the new house property in joint name of you & your father.
02. Exemption would be available u/s 54, even when the property is purchased in the name of Wife. Daughter or Son. Decisions of Tribunal/Court also support this version.
Most welcome for any further clarification. Thanks.
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

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Tax Expert - Answered on May 23, 2023

Asked by Anonymous - May 23, 2023Hindi
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Hi Mr Mihir, I have in all four properties (inherited and purchased) which I am holding in the following manner – two of them 100% owned (one residence in which I am living & one shop), one 50% owned (residence) and one 25% owned (residence). Except for the one property in which I live, rest all are let out on rent and my co-owner in all the jointly owned properties is my sister. I am planning to sell the commercial property and purchase a residential property for better rent prospects. I want to know: Do I have to sell of all other residential properties as well (except the 100% owned residence where I live) to get the benefit of 54F while buying the new residential property (because then I won't have any other residential property except the one in which I live) OR Can I get the benefit of 54F by selling only the one commercial property and using the entire proceeds to buy the new residential property to be let out on rent (which means I will continue to hold 50% and 25% ownership of two other residential properties, as the second holder in both the cases). Also, in case you say that I must compulsorily sell all the jointly owned residential properties as well to get the benefit of 54F while buying the new residential property so that I have only ONE residential property when I go to buy the new residential property – will I get the benefit under 54F if I sell multiple properties and buy one single residential property which matches the amount of capital gain + sale proceeds of the commercial property? I also wanted to know that I may have to take a home loan while buying the new residential property (to be let out on rent), therefore, what would be the amount which I will be allowed as deduction from my total income as I have an existing home loan since 9 years on the 100% owned residential property in which I am living. I have always been a salaried class person with income under Rs 50 lakh and ALL the above-mentioned properties, related incomes and home loan etc are already disclosed in my IT returns. – SB
Ans: To get the benefit of Sec 54F, person should not own more than one house property on the date of transfer of asset and not on the date of acquiring new residential property.

Further, with reference to buying a single house property against capital gain from multiple long term capital asset, in my view, Sec 54F benefit is available if sale proceeds from all long term capital asset is invested in buying a single house property. However, it can be subject to litigation.

With reference to deduction on housing loan, principal repayment deduction upto 1.5 lacs in overall limit of 80C , 2 lacs deduction on interest on self occupied house property and entire interest deduction on loan for rented house property will be allowed. However, loss from house property can be set off upto 2 lacs against other income subject to other specified conditions

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Ramalingam

Ramalingam Kalirajan  |7281 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Dec 18, 2024

Money
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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Ramalingam

Ramalingam Kalirajan  |7281 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Dec 18, 2024

Asked by Anonymous - Dec 12, 2024Hindi
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Money
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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I'm a Chartered accountant .. recently qualified .I'm interested in start up company with intention of book keeping services .software .pls give me some piece of idea regarding how to begin my book keeping services software ..
Ans: Starting a bookkeeping service powered by your own software is a great way to leverage your skills as a recently qualified chartered accountant. With the growing demand for streamlined accounting solutions, your idea has a lot of potentials. Here's how you can get started effectively:

Understand the market and identify your niche:- You have to start by researching the market to identify the specific needs of small & medium-sized businesses. Because many businesses are struggling with manual accounting or find existing software too complex or expensive. Focus on building a solution that is simple, affordable and addresses their pain points, such as automating invoices, tracking expenses and generating tax reports.

Develop or customize software:- Decide whether to build your software from scratch with the help of a development team or customize an existing platform like QuickBooks or Zoho Books to create a unique product. But make sure your software includes essential features like cloud access, real-time financial tracking, automated reminders, payroll management, and integration with banking systems. Prioritize an intuitive interface so that even non-accountants can use it easily.

Provide flexible and scalable solutions:- Start structuring your services with flexible pricing models, such as tiered subscription plans based on business size and its features. With Offers add-ons such as tax filing assistance, compliance consulting, or financial planning to differentiate yourself from other competitors. A free trial or discounted onboarding package can attract new customers and build trust to convert the audience into customers.

Build a strong brand and online presence:- Start your service as a reliable, tech-enabled bookkeeping solution by emphasizing your credentials as a chartered accountant. You Have to create a professional website with client testimonials, feature highlights and demo videos of your software. Use social media and content marketing to showcase the benefits of your services, such as cost savings, error reduction compliance accuracy and many more. Networking with local businesses and participating in professional forums can also help increase your visibility in the market.

Stay up to date and constantly improve:- Accounting laws and technology are evolving quickly, so keep your software updated with new versions to meet regulatory requirements after getting client feedback. Introduce AI-powered features like predictive analytics or fraud detection to stay ahead of competitors. Engage with your clients regularly to understand their challenges and improve your offerings.

By combining your expertise in accounting with cutting-edge technology, you can create a reliable and scalable bookkeeping solution that not only supports businesses but also establishes you as a leader in this field. Start small, focus on client needs, and let your service grow along with your reputation.

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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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