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Should I sell my 13-year-old flat to repay a plot loan and claim capital gains tax benefit?

T S Khurana |118 Answers |Ask -Follow

Tax Expert - Answered on Sep 28, 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 - Sep 25, 2024Hindi

Money

I have a flat 13 years old which I want to sell and repay the loan on plot. Will I get the benefit of capital gains tax if I close the plot loan

Ans: 01. I request you to clearly mention the details. When was the plot purchased, against which you took loan & now you want to repay the same ?
02. You are entitled to exemption, if you purchase a house, before 1 year or after 2 years, of sale of flat. In case of construction of house the time limit is 3 years after the sale of flat. This 3 year limitation is for completion of construction of house. When you start the construction is immaterial.
03. You may claim exemption u/s 54, subject to the condition that you complete the construction on the plot within 3 years from the date of sale of flat.
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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Question by Alok - May 01, 2023Hindi

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I had sold 3 BHK flat in Sept,2015 and invested the sale proceeds in purchasing a flat in March,2016. this year in March,2023 I sold an ancestral flat purchased by my father in August,2007 and acquired by me through family arrangement and purchased a plot out of entire sale proceeds with intention to construct a house thereon. Pl let me know " will I have to pay tax on capital gain amount".

Ans: Hi Alok
Buying a plot is not considered as reinvestment and eligibility is on buying or constructing a residential house.

In this case if you construct a house on the plot then you could map the capital gains from the sale of the ancestral house against the cost of construction of the house on the plot.

Also, as you have sold the house in March 2023, you would need to open a Capital Gain Accounts Scheme (CGAS) account with any nationalized bank on or before the due date for filing your tax return. The deposit of the capital gain amount in the CGAS account would be treated as reinvestment for the moment.

You need to note that this CGAS account amount has to be utilized for construction within 3 years from the date of sale of the ancestral house.

In case you are not depositing the amount in CGAS account or reinvesting in any eligible assets before filing tax return (of course before due date) then you would need to pay tax on the capital gain portion

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Tax Expert - Answered on Sep 28, 2024

Question by Uday - Sep 25, 2024Hindi

Money

Hi Hi am 68 years old retired government employee in 2002 I had purchase a flat at 3.5 lack. Recently on May 2024 I have sell that flt on 21.50 .all the money I have given to my son who had purchased a new flat.can I pay capital gain tax.if yes then how much.

Ans: 01. Since you have sold the flat in May-2024, applicable LTCG tax would be @20%, with indexation.
02. You are liable to declare LTCG in your ITR & pay tax accordingly.
03. Exact tax amount payable by you can't be calculated in absence of detailed info about your Income from all sources & Tax Savings etc.
04. you can gift your son this sale amount, who may utilize the same in a way he likes.
05. If your want to save your LTCG, you should have purchased the new flat, may be in the name of your son. In this way you would have been entitled to exemption u/s 54. There are some tribunal decisions, which have confirmed that property purchased in the name of Spouse, son or daughter (Lineal blood relations), is eligible for exemption u/s 54.
Most welcome for any further clarifications. Thanks.

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Insurance, Stocks, MF, PF Expert - Answered on Sep 28, 2024

Asked by Anonymous - Sep 26, 2024Hindi

Money

I am a doctor currently practicing in my home town with my wife.I have three financial goals 1. To accumulate atleast 1.5 to 2cr in 5 years - to establish a health centre 2. 15 cr in 15 years - for my kids education 3.25 cr in 30 years for our retirement Can you suggest us how to go about it?

Ans: Hello;

1. First target is to accumulate 1.5-2 Cr for establishing health centre. For the achievement of this target either you can do a flat monthly sip of 1.8 L for 5 years
Or
You may begin with a monthly sip of 1.25 L and top-up each year by 20% upto 5 years.

Both routes will yield you a corpus of 1.5 Cr for health centre as desired.

2. Second target is 15 Cr target for kid's education to be achieved in 15 years. For the achievement of this target either you can do a flat monthly sip of 2.7 L for 15 years.
Or
You may begin with a monthly sip of 1.2 L and top-up each year by 15% minimum upto 15 years.

Both options will led you to a corpus of 15 Cr for child education as desired.

3. Third and important target of retirement corpus of 25 Cr to be achieved in 30 years.
For the achievement of this target either you can do a flat monthly sip of 57 K for 30 years.
Or
You may begin with a monthly sip of 24 K and top-up each year by 10% minimum upto 30 years.

Either ways you will achieve your targeted retirement corpus of 25 Cr.

A modest return of 13% assumed for investments in pure equity mutual funds for all workings.

You may follow us on X at @mars_invest for updates.

Happy Investing!!

*Investments in mutual funds are subject to market risks. Please read all scheme related documents carefully before investing.

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Asked by Anonymous - Aug 28, 2024Hindi

Money

I purchased an under-construction residential apartment in February 2024 and sold my other residential apartment in August 2024. Thus both the transactions have happened in different financial years and purchase of property has happened not only before the sale of another property but also in previous financial year. Will the capital gains made out of the property sold are tax-free considering the fact that property purchased was of significantly more value than the sale price of the other property?

Ans: Yes. You are entitled to claim exemption for the apartment purchased in February-2024, against Sale of your other apartment in August-2024. This is within time limit of one year, in which you are supposed to purchase a new residential property to be eligible for exemption u/s 54.
Most welcome for any further clarification. Thanks.

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Tax Expert - Answered on Sep 28, 2024

Asked by Anonymous - Aug 30, 2024Hindi

Money

If I sell shares of my public limited company which I bought at 10 Rs in 1995 sold at 300 rs in 2024 How much is capital gain tax in percentage I have to pay ? Secondly if I buy a Pvt limited Company shares from same amount Will u have to still pay tax as I don’t want to buy a residential property

Ans: 01. LTCG on Sale of securities shall be taxable @ 12.50%, if the sale is effected after July-2024. However, you would be entitled to a basic exemption of Rs.1.25 lakhs, from LTCG.
02. LTCG on Sale of securities, shall not be exempted, if you buy shares of Private limited company, with the same amount of capital gain.
Most welcome for any further clarifications. Thanks.

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Asked by Anonymous - Sep 28, 2024Hindi

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What are the STCG tax saving instruments available for Sale of property within one Year.

Ans: My view is that their is NO way you can avoid short term capital gain tax accruing due to sale of property within one year.

However you may consult a CA to get a specific feedback on aspects of tax saving in your case.

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Tax Expert - Answered on Sep 28, 2024

Question by Prash - Sep 15, 2024Hindi

Money

What are the STCG tax saving instruments available for Sale of property within 1 Yr....

Ans: 01. Unlike LTCGs, there is no specific Tax Saving Instruments, in case of STCGs.
02. STCG will be treated like any other Income in ITR and taxed accordingly.
03. Keeping in view you taxable income, you may plan for tax saving investments/expenses. This may help you to reduce your tax liability.
Most welcome for any further clarification. Thanks.

T S Khurana |118 Answers |Ask -Follow

Tax Expert - Answered on Sep 28, 2024

Asked by Anonymous - Sep 10, 2024Hindi

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What are the STCG tax saving instruments available for Sale of property within 1 Yr.

Ans: 01. Unlike LTCGs, there is no specific Tax Saving Instruments, in case of STCGs.
02. STCG will be treated like any other Income in ITR and taxed accordingly.
03. Keeping in view you taxable income, you may plan for tax saving investments/expenses. This may help you to reduce your tax liability.
Most welcome for any further clarification. Thanks.

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Question by N - Sep 25, 2024Hindi

Money

I become a senior citizen this year. My annual income is as follows. I got 3 lacs ltcg from mutual fund and 2 lac from other source.I want to know 1.25lacs ltcg is exempt from tax . Will I have to pay tax for remaining 1.75 lacs.

Ans: 01 You have correctly assessed that you will have to pay LTCG tax on remaining Rs.1.75 lakhs.
02. Your tax liability shall get reduced, when your taxable income is less than the basic exemption limit. Tax savings, if any, may further reduce your tax liability, if you opt for the old tax regime.
Most welcome for any further clarifications. Thanks.

T S Khurana |118 Answers |Ask -Follow

Tax Expert - Answered on Sep 28, 2024

Question by Uday - Sep 25, 2024Hindi

Money

Hi Hi am 68 years old retired government employee in 2002 I had purchase a flat at 3.5 lack. Recently on May 2024 I have sell that flt on 21.50 .all the money I have given to my son who had purchased a new flat.can I pay capital gain tax.if yes then how much.

Ans: 01. Since you have sold the flat in May-2024, applicable LTCG tax would be @20%, with indexation.
02. You are liable to declare LTCG in your ITR & pay tax accordingly.
03. Exact tax amount payable by you can't be calculated in absence of detailed info about your Income from all sources & Tax Savings etc.
04. you can gift your son this sale amount, who may utilize the same in a way he likes.
05. If your want to save your LTCG, you should have purchased the new flat, may be in the name of your son. In this way you would have been entitled to exemption u/s 54. There are some tribunal decisions, which have confirmed that property purchased in the name of Spouse, son or daughter (Lineal blood relations), is eligible for exemption u/s 54.
Most welcome for any further clarifications. Thanks.

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Question by varsha - Sep 21, 2024Hindi

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But wat if I miss mba it's different events and different clubs studying different subjects

Ans: Does not matter. Try and gain as much knowledge and experience from different sources

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Asked by Anonymous - Sep 26, 2024Hindi

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Hi Sir, I have been investing in Mirae Asset Emerging Fund - Dir since 4 years, recently this has changed to Mirae Asset Large & Midcap fund, post this I see the fund is not doing good in its category, now I want to move this fund to Mirae Asset Equity Saving Fund-Dir, so what should be my way to do it, I have earned over 8L interest in this fund, so there will be Capital gain associated with this. please suggest the way do it, should I do STP and withdraw some amount to pay for Capital gain, please suggest.

Ans: If your horizon is 5+ years from here onwards then I feel you should stay invested in the current fund(Mirae Asset Large and Midcap fund).

You may think about migration if your targeted time horizon is close. If this is so then you may consider transfer as proposed.

You may use partial profit to clear the LTCG liability incurred due to this transfer.

See more questions »

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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