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Samkit

Samkit Maniar  |101 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  |3722 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

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Ans: Dear Anonymous,

After reading your question I understood that your partner and you have, what we call, an open relationship. As long as both partners are okay with the dynamics of it, and no one is emotionally hurt, or resisting, it should be okay. It isn't exploitation if your husband himself encourages you. You are both consenting adults and not harming each other or anyone else. As for your question, if he has a cuckold fantasy, that is something you should discuss with your husband. An open discussion is better than speculation. Also, at any time if you suspect that your husband is growing concerned about the nature of your relationship, ask him directly. It can help avoid misunderstandings.


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Ans: Dear Anonymous,

Dating someone older than you is not the problem, but the fact that you are making major life decisions based on what he wants and doesn't want is concerning. I am guessing that you decided to not get married because he doesn't want it either. Is that fair to you? You yourself mentioned that you often feel lonely. Don't you think you deserve better? Don't you deserve someone who would love you and would like to spend the rest of their life with you? Please reconsider this relationship. Speak to your partner and ask him what his plans are for the future. Does he want to settle down with you? How will you two continue this relationship in the future? There are many important questions that need answering. Sort them out and you will have the solution to your dilemma.


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