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Mihir

Mihir Tanna  |580 Answers  |Ask -

Tax Expert - Answered on Aug 19, 2023

AMARESH Question by AMARESH on Aug 17, 2023
Money

I had one house and two flats. I sold one house in May 2023. I sold one flat in August 2023. My house sale gave me a capital gain and my flat sale gave me a capital loss. I have three questions. 1. Can I net out the capital gains by deducting the loss on sale of my flat 2. Can I invest in a new flat for the net capital gains amount to get exempt from paying capital gains tax. 3. If answer for 2 is no, can I invest in 54EC bonds to get exemption from paying capital gains tax

Ans: Taxable capital gain is the net amount of gain earned from all the capital asset. Thus, Capital gain from 1 capital asset can be set off against loss from another capital asset.

Section 54 provides that in case person transfer house property and invest gain amount in acquiring new property, capital gain will be exempt. So you can invest net capital gain in new property within specified time limit.

Person must buy the residential house property 1 year before or 2 years from date of such transfer of property or construct the house property within 3 years from date of transfer of property.
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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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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Tejas

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Tax Expert - Answered on Aug 07, 2023

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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
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Asked by Anonymous - Sep 14, 2023
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Sir, I just retired from my service @60yrs. I will get my PF+other fund ₹50L. Please advice how to invest the amount so that my principal not disputed and I can get ₹30,000 pm for my monthly expenses. My family of 2 persons are covered ₹50L health insurance. Regards
Ans: Considering your age and your requirement, you will need to invest in a mix of debt and equity instruments. Here are some investment options available to you:-

• Senior Citizens’ Savings Scheme (SCSS) – This is a pure debt instruments and provides guaranteed returns of 8.2% per annum. The interest is paid quarterly. The maximum amount that you can invest is Rs. 30 Lakhs.

• Corporate FDs – It provides you return more than the regular bank FDs. It contains two options i.e. cumulative and non-cumulative.

• Post Office Monthly Income Scheme (POMIS): This is another government-backed scheme that offers guaranteed monthly income. The current interest rate is 7.1%.

• Debt Mutual Funds: As your main concern is to protect the principal amount you may consider debt funds and monthly income can be achieved through the route of SWP (systematic withdrawal plan).

• Equity mutual funds: Equity mutual funds offer the highest potential returns, but they are also the riskiest. A small portion of the amount can be invested in the equity mutual funds for growth of the money in the long-term horizon.

It is good to know that you are adequately insured for any healthcare emergency.

Your requirement of Rs. 30,000 will be changing in the future due to inflation, hence you should consult with your financial advisor for a proper increasing income or SWP (systematic withdrawal plan) which can help you to ensure sufficient amount available for your monthly expenses.
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Sanjeev

Sanjeev Govila  |192 Answers  |Ask -

Financial Planner - Answered on Sep 23, 2023

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Hi Sir, I worked a small level company between 01.02.2018 to 30.04.2021. They paid standard EPF contribution of Rs. 1800/- from my side they deducting the same of Rs. 1800/-. After I exit the company I applied the EPF Withdrawl (both contribution) on 06.05.2023 and it was rejected by the officer and the reason was mentioned "Claim Rejeced EQUAL SHARE 07/18". The Employer deposit the July 2018 share in wrongly i.e. The deposited Rs. 1800/- in Employee Share and Rs. 1800/- employer Share and Pension is " 0 ". instead of Rs.1800/- as employee, Rs. 550/- as Employer and Rs.1250/- as pension contribution. When I sent a 2 continues mail to EPF they taking my query as a grivience and sent a query to the employer. But Still they not close the issue. How to I approch them to clear my claim. Because there is no mistake from my side. Thanks in Advance. Narayanan
Ans: I understand that your EPF withdrawal claim has been rejected due to an error in your employer's contribution. This is frustrating, but it is important to remember that you are not alone. Many people experience problems with their EPF claims, especially when their employers make mistakes.

When filing a grievance, be sure to provide clear and concise information about the issue. You should also include any relevant documentation, such as your EPF statement and the revised Form 11 from your employer (if you have one).

Once you have filed a grievance, the EPFO will investigate the matter and try to resolve it. This process can take some time, but it is important to be patient.

Here are some additional tips:

• Keep track of all your communication with the EPFO. This includes emails, phone calls, and visits to the office.
• If you are not satisfied with the EPFO's response, you can escalate the issue to the regional or national level. You can also mail on employeefeedback @ epfindia.gov.in for the redressal of your grievance.
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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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