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Samkit Maniar  |180 Answers  |Ask -

Tax Expert - Answered on May 26, 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
Malini Question by Malini on May 07, 2024Hindi
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My husband and his brother jointly invested in a property 20 years back, for an amount of 8 lakhs (equal share between them). However the property was registered only on the brother's name. Now he intends to sell the property for 70 lakhs and share the sale proceeds with my husband equally. What would be the Long Term Capital Gain tax liability on both the brothers after the sale? Can he transfer my husband's share as 'Gift" within blood relation, being his own brother?

Ans: Considering it was registered in the name of your brother in law, practically a buyer would pay the entire sum to him unless you can prove that the property belonged to both the brothers equally. Even in the eyes of law, brother in law will have to pay capital gains alone. For capital tax exemption, the proceeds will need to reinvested in residential property or NHAI/ REC bonds.

Gift prior to sale will help but there would be nominal stamp duty cost (no income tax issue). Once property is equally owned and registered in the records then respectively portion can be sold by each of the brothers and accounted accordingly.

Please take your CA advice as well on this 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  |7953 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on May 15, 2024

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My husband and his brother jointly invested in a property 20 years back, for an amount of 8 lakhs (equal share between them). However the property was registered only on the brother's name. Now he intends to sell the property for 70 lakhs and share the sale proceeds with my husband equally. What would be the Long Term Capital Gain tax liability on both the brothers after the sale? Can he transfer my husband's share as 'Gift" within blood relation, being his own brother?
Ans: The Long-Term Capital Gain (LTCG) tax liability on the sale of the property will depend on various factors, including the purchase price, sale price, and holding period. Here's how it's calculated:

Determine Cost of Acquisition: The cost of acquisition for your husband's share would be his portion of the original investment, i.e., Rs. 4 lakhs.

Calculate Indexed Cost of Acquisition: Adjust the cost of acquisition for inflation using the Cost Inflation Index (CII) for the relevant financial years. This indexed cost will be used to calculate the LTCG.

Deduct Indexed Cost from Sale Price: Subtract the indexed cost of acquisition from the sale price to determine the LTCG.

Apply LTCG Tax Rate: As per current tax laws, LTCG on the sale of immovable property is taxed at 20% with indexation.

Compute Tax Liability: Calculate the tax payable on the LTCG at the applicable rate of 20%.

Transfer of Share as Gift:

Your husband's brother can transfer your husband's share of the sale proceeds as a gift within the blood relation. However, it's essential to consider the tax implications of such a transfer:

Gift Tax Liability: Gifts received from relatives are generally exempt from tax under the Income Tax Act. Therefore, your husband should not incur any gift tax liability on receiving his share of the sale proceeds from his brother.

Documentation: Ensure proper documentation for the gift transaction, including a gift deed or a written agreement, to establish the transfer of ownership legally.

Avoiding Tax Evasion: While gifting within blood relations is permissible, it's crucial to ensure compliance with tax laws and avoid any suspicion of tax evasion. Proper documentation and transparency are essential to demonstrate the legitimate nature of the transaction.

Consultation with Tax Advisor:

Given the complexity of tax implications and legal requirements, it's advisable to consult with a tax advisor or chartered accountant who can provide personalized guidance based on your specific circumstances and ensure compliance with tax laws.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

..Read more

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Ramalingam Kalirajan  |7953 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Feb 13, 2025

Asked by Anonymous - Feb 13, 2025Hindi
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Why do Debt Funds offer lower returns as compared to Equity Mutual Funds?
Ans: Debt funds and equity mutual funds serve different purposes in an investor's portfolio. Debt funds offer stability and lower risk, while equity mutual funds focus on high growth with higher risk.

Below are the key reasons why debt funds provide lower returns than equity funds.

1. Nature of Underlying Investments
Debt funds invest in bonds, government securities, corporate debt, and fixed-income instruments.

These instruments provide fixed interest, leading to predictable but lower returns.

Equity mutual funds invest in company stocks, which have the potential for higher capital appreciation over time.

2. Risk-Return Tradeoff
Lower risk means lower return potential in debt funds.

Debt investments focus on preserving capital rather than aggressive growth.

Equities are volatile, but over the long term, they tend to generate higher returns.

3. Interest Rate Sensitivity
Debt fund returns depend on interest rate movements in the economy.

Rising interest rates reduce bond prices, lowering returns in debt funds.

Equity funds are less impacted by interest rate changes and benefit from economic growth.

4. Inflation-Adjusted Returns
Debt funds often fail to beat inflation in the long run.

Equity investments provide inflation-adjusted growth due to rising corporate earnings.

Holding equities for longer durations results in compounding benefits.

5. Growth Potential
Equities represent ownership in businesses that expand over time.

Business growth translates to higher share prices and higher returns.

Debt instruments provide fixed interest, which limits potential upside.

6. Tax Efficiency
Equity mutual funds enjoy lower long-term capital gains (LTCG) tax rates compared to debt funds.

Debt fund gains are taxed as per the investor’s income tax slab, reducing post-tax returns.

This tax treatment makes equities more attractive for long-term wealth creation.

7. Market Performance
During economic growth, companies generate higher profits, leading to higher equity returns.

Debt fund returns depend on interest rate cycles, making them less rewarding in growth periods.

Equities have historically outperformed debt over longer durations.

Finally
Debt funds provide safety and stability but offer lower returns.

Equity mutual funds outperform over time due to business expansion and compounding.

A well-balanced portfolio should include both debt and equity, based on financial goals.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

https://www.youtube.com/@HolisticInvestment

...Read more

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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