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NRI in Australia Wants to Sell Land in Agra: What Are Best Selling Strategies & Tax Implications?

Samkit

Samkit Maniar  |180 Answers  |Ask -

Tax Expert - Answered on Aug 28, 2024

CA Samkit Maniar has eight years of experience in income tax, mergers and acquisitions and estate planning.
He has graduated from Mumbai’s N M College of Commerce and Economics and has completed his CA from The Institute of Chartered Accountants of India."... more
Ashish Question by Ashish on Aug 28, 2024Hindi
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Hello , Hope you are well. I am an NRI (Aus) since 2018. I have Bigha agricultural land back in my home town (Agra) . What is the best way to sell it & what are my tax implications. I file my ITR in india as well. thanks Ashish

Ans: Considering you are an NRI, you will need to pay taxes on sale of your land at capital gains tax rate of 20% plus applicable surcharge and cess considering land is in India.

You need to understand that such sale of agricultural land needs to be to Indian citizen and also need to bear in mind that proceeds from such sale will be credited to your NRO account in India. Accordingly, you will be able to repatriate only 1m USD per financial year.

Once taxes are paid in India, nothing is taxable in Australia (considering India Australia tax treaty available) and necessary credits ought to be available in Australia.

ITR 2 is the form you will need to file considering you will have capital gains tax. If you intend to reinvest the same in residential house property/ bonds you can do so to reduce your capital gains tax liability subject to necessary conditions being fulfilled.

Please consult your CA as well before moving ahead.
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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Ramalingam

Ramalingam Kalirajan  |8027 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on May 29, 2024

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My self Shubham , I have agriculture land whose value is around 1.5 cr and right now i m getting 2 lakh rs annually as i have given my land in lease for farming i m thinking to sell my land to put that money some where else what is ur suggestion whether i sell it or not. N what is the future of agriculture land in india if i keep it with self for more 10-15 years right now my age is 27 Thank you
Ans: Dear Shubham,

Thank you for reaching out with your query. Your decision to either sell your agricultural land or retain it for future gains is a significant one and requires careful consideration. Here’s a detailed assessment to help you make an informed decision.

Evaluating the Future of Agricultural Land in India
Increasing Demand for Agricultural Land
India’s growing population and rising food demand suggest that agricultural land will continue to be valuable. The government’s focus on improving agricultural productivity and rural infrastructure could increase land value. Additionally, advancements in agricultural technology can boost land productivity, making agricultural land a potentially lucrative long-term investment.

Urbanization and Industrialization
As urban areas expand, agricultural land near cities may become prime targets for real estate development. This could significantly increase the land's value. However, this also depends on the land’s location and its proximity to urban centers. If your land is near an expanding urban area, its value might appreciate considerably over the next 10-15 years.

Assessing Your Current Returns and Future Potential
Current Lease Income
Currently, you are earning Rs. 2 lakh annually from leasing your land. This provides a steady, although relatively modest, income. Over the next 10-15 years, lease rates might increase, providing higher annual returns. However, this income may not match potential returns from other investment avenues.

Potential Appreciation
Agricultural land has historically shown significant appreciation in value over time. Keeping the land for another 10-15 years might result in a substantial increase in its value, especially if located near growing urban areas or if agricultural policies favor landowners.

Investment Alternatives if You Sell
Mutual Funds
Mutual funds can offer diversified exposure to different asset classes. Actively managed funds, guided by professional fund managers, can potentially provide higher returns than the agricultural lease income. Consult a Certified Financial Planner (CFP) to select funds aligned with your financial goals and risk tolerance.

Public Provident Fund (PPF) and National Savings Certificate (NSC)
Investing in PPF or NSC can provide stable, tax-free returns with government-backed security. These are suitable for conservative investors looking for long-term wealth accumulation with tax benefits.

Equities and Bonds
Investing in equities offers potential for high returns, though with higher risk. Bonds, on the other hand, provide stable income and are less risky. A balanced portfolio, combining equities and bonds, can offer a good mix of growth and stability.

Systematic Investment Plans (SIPs)
SIPs in mutual funds allow for disciplined investing with potential for good returns over the long term. They help mitigate market volatility through rupee cost averaging. This can be a good option for regular and systematic investments.

Pros and Cons of Selling vs. Keeping the Land
Selling the Land
Pros:

Immediate access to a significant amount of capital.
Opportunity to invest in diversified financial instruments.
Potential for higher returns compared to lease income.
Cons:

Loss of a tangible asset that could appreciate over time.
No guarantee that new investments will outperform future land value.
Keeping the Land
Pros:

Steady lease income with potential for future increases.
Possibility of significant value appreciation, especially near urban areas.
Retaining a physical asset provides a sense of security.
Cons:

Lower current returns compared to potential investment alternatives.
Opportunity cost of not utilizing capital for higher returns.
Conclusion
Given your age (27) and the long investment horizon (10-15 years), you have time on your side. If your land is in a promising location near urban expansion, retaining it could be beneficial due to potential appreciation. However, if you seek higher returns and are comfortable with investing in diversified financial instruments, selling the land and reinvesting the proceeds could be a wise choice.

Consider consulting a Certified Financial Planner to develop a personalized investment strategy. They can help balance risk and returns, ensuring your financial goals are met effectively.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

..Read more

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