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Mihir

Mihir Tanna  |977 Answers  |Ask -

Tax Expert - Answered on Apr 14, 2023

Mihir Ashok Tanna, who works with a well-known chartered accountancy firm in Mumbai, has more than 15 years of experience in direct taxation.
He handles various kinds of matters related to direct tax such as PAN/ TAN application; compliance including ITR, TDS return filing; issuance/ filing of statutory forms like Form 15CB, Form 61A, etc; application u/s 10(46); application for condonation of delay; application for lower/ nil TDS certificate; transfer pricing and study report; advisory/ opinion on direct tax matters; handling various income-tax notices; compounding application on show cause for TDS default; verification of books for TDS/ TCS/ equalisation levy compliance; application for pending income-tax demand and refund; charitable trust taxation and compliance; income-tax scrutiny and CIT(A) for all types of taxpayers including individuals, firms, LLPs, corporates, trusts, non-resident individuals and companies.
He regularly represents clients before the income tax authorities including the commissioner of income tax (appeal).... more
Yam Question by Yam on Apr 14, 2023Hindi
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Dear Mihir Sir, I am a salaried person and file ITR every year. There was property in the name of my wife purchased in March 2018 and sold in August 2022 (FY 2022-23). The purchased value was Rs. 19,50,000 and the sale price being Rs. 32,50,000. Since she is a housewife and does not file any ITR. Sir I am to know that is she liable to pay any LTCG by filing an ITR this Assessment Year 2023-24 or any other way to show this income? Further, the gain on sale of this property has been totally used for my present house property (House- repair and renovation). Please guide me accordingly.

Ans: As per income tax provisions, any income arising from asset transferred to wife without consideration will be clubbed in the hands of husband.

Accordingly, if property is purchased in the name of wife and wife has not contributed anything from own source at the time of acquisition then clubbing provisions is likely to applicable at the time of transfer of such property. Capital gain will be taxable in the hands of husband.
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

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Hello Sir, I'm a retired person, 66 years old. Before retirement, I had invested Rs.93.5 lakhs in a commercial real estate in Navi Mumbi in Feb.2017 and registered the property jointly with my wife on 50/50 basis. The value of the property as determined by stamp duty registrar at that time was Rs.73.41 lakhs. The expenses on stamp duty, registration and brokerage was Rs.7.53 lakhs and improvement expenditure was Rs.4 lakhs. So total cost of purchase worked out to Rs.1.09 crores. I sold this property in Feb.2024, exactly after 7 years, for Rs.1.1 crore. Market value (for stamp duty purpose) on the date of sale was Rs.89.89 lakhs. While filing my ITR2 in AY 2024-25, I had split all the above values by 2 and 50% was shown in my ITR2 and the remaining 50% was shown in my wife's ITR2 under CG for showing the capital gain. The incometax system has calculated and shown the capital gain as minus Rs.31.24 lakh, i.e. Rs.-15.62 lakh in each of our ITR2. The system has also automatically set-off my LTCG arising out of other share transactions during the FY against this loss. The system allows the remaining loss to be carried forward to next year under CFL. My questions are: (1) Can we both go ahead and finalise & submit the ITR2 as shown above? (2) Can we use the losses carried forward during the next AY to set off our incomes arising out of share market transactions? Thank you so much in advance for your valuable time and advice.
Ans: Understanding Your Capital Gains Scenario
You invested Rs. 93.5 lakhs in a commercial property in 2017. This property was jointly owned with your wife. The total cost, including expenses, was Rs. 1.09 crores. You sold the property in 2024 for Rs. 1.1 crore. This transaction resulted in a loss of Rs. 31.24 lakh, split equally between you and your wife.

Filing ITR2 with Capital Losses
The income tax system calculated a capital loss of Rs. 15.62 lakh for each of you. This loss has been set off against your long-term capital gains from other share transactions. The remaining loss can be carried forward.

Submit ITR2: Yes, you can finalize and submit ITR2 as shown. The system's calculation is correct.
Carry Forward and Set-Off of Capital Losses
The Income Tax Act allows you to carry forward capital losses for eight years. These losses can be set off against future capital gains.

Using Carried Forward Losses: Yes, you can use the carried forward losses to set off against future capital gains from share market transactions. This helps in reducing your taxable income in future years.
Analytical Insights
Loss Set-Off: By setting off the loss against your other gains, you reduce your tax liability for the current year. This is a strategic move.

Carry Forward Benefit: Carrying forward losses provides a cushion for future gains. It helps in managing tax liabilities efficiently.

Key Considerations
Record Keeping: Ensure you maintain all documents related to the sale and purchase of the property. This includes agreements, receipts, and tax filings. These documents are crucial for future reference and any tax scrutiny.

Tax Planning: Consider consulting a Certified Financial Planner for comprehensive tax planning. They can help optimize your investments and tax liabilities.

Future Investment Strategy
Diversification: Diversify your investments to balance risk and return. Consider mutual funds, bonds, and fixed deposits.

Risk Management: Assess the risk of each investment. Balance high-risk investments with safer options to protect your capital.

Final Insights
Managing capital gains and losses is crucial for effective tax planning. You have used the tax provisions wisely by setting off the losses against other gains. Carrying forward the remaining losses will help reduce your future tax liabilities.

By diversifying your investments and consulting with a Certified Financial Planner, you can optimize your financial portfolio for better returns and risk management.

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Chief Financial Planner,

www.holisticinvestment.in

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I AM HAVING UMBLICAL HERNEA PROBLEM.DOCOTR SUGGESTED ME TO BRING DOWN MY WEIGHT AND REDUCE FATTY BELLY BEFORE SURGERY.HE SUGGESTED ME TO WAIT FOR SURGERY TILL MY WEIGHT COMES DOWN FROM 92 KGS TO A REASONABLE LEVEL.PLEASE SUGGST ME WHAT EXERCISES i CAN DO TO ELIMINATE THE FAR BELLY WITHOUT DETERIORATING MY UMBLICAL HERNEA PROBLEM.PLEASE SUGGEST ME EXERCISES TO BRING DOWN MY BELLY. THANKS AND REGARDS. NVRSRINIVAS
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Ramalingam Kalirajan  |7363 Answers  |Ask -

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Asked by Anonymous - Oct 22, 2024Hindi
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I have lost money around 8 lakhs in gambling now i want to restart my life fresh i need to settle my debts and loan with bank and NBFCs is it possible to settle money at 70 percent waived off
Ans: Restarting your life after financial setbacks is possible with a disciplined approach. Settling your debts with banks and NBFCs requires a strategic plan, negotiation, and commitment. Here's a 360-degree approach to help you resolve your situation:

Assess Your Current Financial Position
List All Debts: Create a detailed list of all outstanding loans and debts, including principal, interest, and penalties.

Identify Income Sources: Calculate your monthly income and any other sources of funds.

Evaluate Essential Expenses: Identify non-negotiable expenses such as rent, food, utilities, and transport.

Determine Negotiable Debts: Focus on debts with higher interest rates or legal implications.

Negotiating with Lenders
Possibility of Settling at 70% Waiver
Banks and NBFCs Are Open to Negotiation: They prefer recovering some amount rather than declaring a loan as non-performing.

Settlement Terms Vary: Each lender may have unique policies. Some might agree to 70% waiver, but others may not.

Present Your Case Transparently: Show proof of your financial hardship. Explain your inability to pay in full.

Request a One-Time Settlement (OTS): Offer to pay a lump sum of the waived-off amount to close the debt.

Steps to Negotiate Effectively
Reach Out to the Right Department: Contact the collections or recovery department of your lender.

Seek Professional Help: A certified financial planner or debt resolution expert can negotiate on your behalf.

Prepare a Settlement Plan: Propose a realistic amount you can pay. Mention the sources for this payment.

Ask for Written Confirmation: Ensure the lender provides a formal agreement on the waived-off amount.

Negotiate for Reduced Interest and Penalties: Request removal of penalties and reduction of interest rates.

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Focus on Financial Literacy: Learn to manage your money effectively through courses or books.

Create a Budget and Emergency Fund
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Restart Investments Gradually
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Build a Retirement Corpus: Plan for long-term financial security systematically.

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Rebuilding your life after a financial setback takes effort but is achievable. Focus on negotiating your debts transparently and settling them systematically. Learn from past mistakes and adopt disciplined financial habits. Restart your journey with renewed confidence and a commitment to avoid risky behaviours. Seek professional guidance when needed to make informed decisions.

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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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