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Mihir

Mihir Tanna  |819 Answers  |Ask -

Tax Expert - Answered on Mar 20, 2023

Mihir Tanna has more than 10 years of experience in direct taxation, including filing income tax returns.
He regularly represents clients before the income tax authorities including the commissioner of income tax (appeal).... more
Rajesh Question by Rajesh on Mar 18, 2023Hindi
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Good Morning Mr. Mihir, I want to buy a flat in NCR area which belongs to a person who is working and living abroad. He have already paid an Advance money and after that i came to know that he falls in NRO Category, TDS on which is around 23% which is actually the Buyer responsibility. But he is saying that he do not fall in NRO Category and submitted his Indian PAN, Aadhar and Passport Copy in support of that. Now can you please help me out on this and confirm who i have to ensure that he doesn't falls in NRO Category and TDS will be deducted at normal rates i.e. 1%. So that there would not be any Tax obligation on my head after Sale Deed. Thanks in advance.......

Ans: In addition to PAN/Aadhar/Passport; it is advisable to check bank account in which amount is received. NRI usually take payment in NRE account.

Further, it is advisable to take declaration that seller is resident of India as per the provision of Income Tax.
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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Anil

Anil Rego  |340 Answers  |Ask -

Financial Planner - Answered on Jan 10, 2022

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It is always a pleasure to read your articles and answers. For the first time I have had a query of my own. My dad and his son-in-law (my brother-in-law) are buying a property worth Rs 3 crores in Gurugram. The actual payments have been done equally by both of them. We were advised by our broker that if my mother's name is included in the sale deed, the stamp duty amount will come down to 5% for  1/3rd of the property value (Rs 1 crore) and 7% on the balance 2/3rd (Rs 2 crores). Otherwise, it will be 7% on the entire Rs 3 crores. Under the circumstances, should my mother too contribute her part of the 1% of the TDS amount that is to be deducted and the 26QB form details subsequently reflected in the sale deed? If the answer to the above is yes then I have a follow-up the query, with your permission. For saving on capital gains for my dad, he has to show an investment of Rs 1.2 crores as his share of investment. Therefore the CA is insisting that out of the Rs 3 lakhs TDS to be deducted, it should be in the ratio of Rs 1.2 lakhs, Rs 30,000 and Rs 1.5 lakhs between my dad, mom and brother-in-law respectively, basically to reflect the overall shareholding of the property. Now the question is: a. Is this correct because another CA said it doesn't matter as she has not financially contributed and is a spouse. As per him, the TDS can just be split 50-50 between my dad and BIL. b. If it is not so, that is they pay TDS as per their share 1.2:0.3:1.5, how will that impact the stamp duty, which was the reason why we were getting my mother's name in the first place. Will it be at 5% on one-third and 7% on the balance, basis it's a lady and two gentlemen, or will that benefit of 5% be restricted to her share of Rs 30 lakhs out of Rs 3 crores which is 5% benefit on 10%?
Ans: To answer the first part of your question, your mother can contribute or your sister can make a gift to your mother and her contribution could be through the same.

It is a good idea to have her portion bequeathed to you in a will, if there are any other successors apart from the two of you so that it does not create an issue for you in the future.

As for your follow-up questions:

a. Your dad needs to make the investment of Rs 1.2 crores to save his capital gains on reinvestment.

As for the balance amount, you can decide the split.

If you are only showing Rs 0.3 crores in your mom's name, you will save registration cost only on this amount.

This is something that you need to keep in mind. 

b. You need to pay TDS in the same ratio as your holding.

Your dilemma of having a lower tax saving in your mother's name is what I have also pointed out in point a, above.

One has the option of your brother-in-law gifting Rs 0.7 cr to your mother through your sister (his wife) for her to contribute Rs 1 crore.

Subsequently, after some time, your mother could gift her share to your father and sister and she can take an exit.

However, I am not sure it is worth taking the effort of doing all of this to save Rs 2 lakh on a property worth Rs 3 crores.

There would be some cost of gifting and registration of the gift which will further reduce the benefit.

You need to take a decision of how you would like to go about it.

I would expect that your father would anyway be saving more than 2% in his capital gains tax arising out of his earlier property sale by reinvesting the proceeds into the current property under consideration. 

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Tejas

Tejas Chokshi  |126 Answers  |Ask -

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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Kanchan

Kanchan Rai  |172 Answers  |Ask -

Relationships Expert, Mind Coach - Answered on Apr 29, 2024

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Dear madam , I was married since 14 years and live ng separately after marrige last 14 years due to both we are working professionals and my wife lost his father before our marriage and she needs to take care of her mother and family For that after marriage we leave separately and we was a great understanding and we have a boy after 8 years of marriage ,now he is also 6.5 years in age and doing good in education I only send money fornhis education and when ever wife needs ,we did not have regular sex as we meet frequently in a year about 3-4 months back. Now last one year almost I am abroad from India due to service transfer to Malyasia and feeling our relationship is no more working as my wife stop responding my calls and clearly told he is not interested on me.as she is very upgraded in her carrier and feeling disturbed about my calls ....and not even return call when she free of work...I am suppose to do what ? Please suggest.
Ans: Hello Suman,
It sounds like there have been significant changes in your relationship dynamics, especially with your wife's focus on her career and the physical distance between you due to your work in Malaysia. Even though your wife may not be responding to your calls, it's important to continue trying to communicate with her. Express your concerns and feelings openly and honestly, but also try to listen to her perspective without judgment.Try to understand your wife's perspective and the reasons behind her behavior. It's possible that she may be feeling overwhelmed with her responsibilities or experiencing other challenges that are affecting her responsiveness. Consider seeking the assistance of a marriage counselor or therapist who can facilitate communication and help both of you work through your issues. A neutral third party can provide guidance and support in resolving conflicts and rebuilding your relationship. Reflect on what you want for your future and what you're willing to do to salvage your marriage. Consider your own needs and priorities, as well as those of your son. If possible, try to spend quality time together when you visit India or when your wife can join you in Malaysia. Building positive experiences together can help strengthen your bond and rekindle your connection. Lean on friends, family, or support groups for guidance and emotional support during this challenging time. Having a strong support system can help you navigate through difficult situations.Take care of yourself emotionally, physically, and mentally. Focus on activities that bring you joy and fulfillment, and don't hesitate to seek professional help if you're feeling overwhelmed or distressed.
Ultimately, rebuilding a relationship takes time, effort, and commitment from both parties. It's important to approach the situation with empathy, patience, and an openness to change.
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Kanchan

Kanchan Rai  |172 Answers  |Ask -

Relationships Expert, Mind Coach - Answered on Apr 29, 2024

Asked by Anonymous - Apr 28, 2024Hindi
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Dear madam , My name is Suman ..44+ years I was married since 14 years and live ng separately after marrige last 14 years due to both we are working professionals and my wife lost his father before our marriage and she needs to take care of her mother and family For that after marriage we leave separately and we was a great understanding and we have a boy after 8 years of marriage ,now he is also 6.5 years in age and doing good in education I only send money fornhis education and when ever wife needs ,we did not have regular sex as we meet frequently in a year about 3-4 months back. Now last one year almost I am abroad from India due to service transfer to Malyasia and feeling our relationship is no more working as my wife stop responding my calls and clearly told he is not interested on me.as she is very upgraded in her carrier and feeling disturbed about my calls ....and not even return call when she free of work...I am suppose to do what ? Please suggest.
Ans: Hello Suman,
It sounds like there have been significant changes in your relationship dynamics, especially with your wife's focus on her career and the physical distance between you due to your work in Malaysia. Even though your wife may not be responding to your calls, it's important to continue trying to communicate with her. Express your concerns and feelings openly and honestly, but also try to listen to her perspective without judgment.Try to understand your wife's perspective and the reasons behind her behavior. It's possible that she may be feeling overwhelmed with her responsibilities or experiencing other challenges that are affecting her responsiveness. Consider seeking the assistance of a marriage counselor or therapist who can facilitate communication and help both of you work through your issues. A neutral third party can provide guidance and support in resolving conflicts and rebuilding your relationship. Reflect on what you want for your future and what you're willing to do to salvage your marriage. Consider your own needs and priorities, as well as those of your son. If possible, try to spend quality time together when you visit India or when your wife can join you in Malaysia. Building positive experiences together can help strengthen your bond and rekindle your connection. Lean on friends, family, or support groups for guidance and emotional support during this challenging time. Having a strong support system can help you navigate through difficult situations.Take care of yourself emotionally, physically, and mentally. Focus on activities that bring you joy and fulfillment, and don't hesitate to seek professional help if you're feeling overwhelmed or distressed.
Ultimately, rebuilding a relationship takes time, effort, and commitment from both parties. It's important to approach the situation with empathy, patience, and an openness to change.
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Kanchan

Kanchan Rai  |172 Answers  |Ask -

Relationships Expert, Mind Coach - Answered on Apr 29, 2024

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Hi, I have a divorcee daughter aged 45 whose unpleasant and quarrelsome behavior is a constant source of misery and headache for whole of the family. Her marriage could not go beyond 2 months as her in-laws turned out to be greedy, troublesome and also found involved in some fraudulent activities with a few police cases against them -- which forced us to seek divorce. I may add that my daughter ever since she was 13 or 14 yrs became a little self-willed and considered her to be always right in action and thought in front of parents or any one else. This has become very serious now. She is not at all open to any kind of reasoning or discussion. If you always act, think or do as per her wish, it is ok otherwise she will start fighting on any thing or every thing. Her attitude of selfishness and always finding faults with other family members including parents is spoiling the peaceful atmosphere of the house. Expecting any kind of adjustment from her is asking for the moon. Kindly advise.
Ans: Dear SN,

I can understand how challenging it must be to deal with your daughter's behavior. It's concerning that she's been displaying this attitude since she was young and that it's causing such turmoil within your family.

Consider seeking the help of a family therapist or counselor who specializes in dealing with family conflicts. A professional can provide an objective perspective and offer strategies for improving communication and resolving conflicts.It's important to establish clear boundaries with your daughter regarding her behavior. Let her know what behaviors are unacceptable and what consequences will follow if those boundaries are crossed.
Encourage Open Communication: Even though your daughter may be resistant to discussion, continue to encourage open communication within the family. Let her know that you're willing to listen to her perspective and work together to find solutions. Instead of solely focusing on her negative behavior, try to reinforce positive behaviors when you see them. Praise her when she acts respectfully or cooperatively, and try to reinforce those behaviors. Show your daughter how to communicate effectively and resolve conflicts peacefully by modeling those behaviors yourself. Avoid getting drawn into arguments or confrontations, and instead, try to remain calm and rational.If your daughter is open to it, encourage her to seek therapy on her own. A therapist can help her explore the underlying reasons for her behavior and develop healthier coping mechanisms.
Encourage Self-Reflection: Encourage your daughter to reflect on her behavior and its impact on herself and others. Help her recognize the importance of empathy and understanding in maintaining healthy relationships.
It may take time and patience, but with consistent effort and support, there is hope for improvement. Remember to take care of yourselves and seek support from other family members or friends if needed.
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Sushil

Sushil Sukhwani  |325 Answers  |Ask -

Study Abroad Expert - Answered on Apr 29, 2024

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My son is M.S. general surgery from MGM UNIVERSITY MUMBAI.He has done oncology fellowship in Nashik Under Dr.Nagarkar.He is in practice at Beed,near Solapur.How he will be able able to get extra training in USA In oncology?Dr.s.y.Jadhav
Ans: Hello Satyawan,

To begin with, thank you for contacting us. I am happy to hear that your son has pursued his Master of Surgery in General Surgery from MGM University, has done oncology fellowship in Nashik, and is practicing at Beed. To answer your question first, I would like to tell you that in order to pursue additional training in oncology in the USA, there are a few steps that your son will require to follow:

Firstly, I would suggest that your son conducts a comprehensive study on oncology fellowship programs in the USA. Remember that the USA offers a number of well-regarded programs, and thus, your son should look for those programs that best resonate with his interests and professional objectives. Next, remember that the prerequisites for each fellowship program will be unique. A residency in internal medicine or an associated field, viz., general surgery, is generally required, which your son has already fulfilled. Particular tests viz., the United States Medical Licensing Examination (USMLE) may be demanded by certain programs. In addition, your son may also be required to prove his fluency in the English language through appearing for tests viz., the IELTS or TOEFL. Upon finding relevant programs, I would suggest that your son applies directly to them. Bear in mind that for the majority of medical disciplines, this generally entails submitting an application via a centralized system viz., ERAS (Electronic Residency Application Service). If your son has secured admission to a fellowship program, as the next step, in order to train in the USA, he would be required to acquire the necessary visa. For medical trainees, the J-1 visa is frequently used. Relocating to a different country for training calls for meticulous planning. So as the next step, your son will need to make arrangements for lodging, and travel, as well as make sure all the paperwork is in place. Once everything is in order, your son can then start his oncology fellowship training in the USA. Practical clinical experience, research, and academic endeavours are generally entailed in this.

In order to enhance his chances of obtaining a fellowship role, I would suggest that your son conducts an all-round study on programs, comprehends their prerequisites, and drafts a compelling application. Moreover, he should get in touch with and obtain guidance from instructors or colleagues who have followed comparable paths which can prove beneficial.

For more information, you can visit our website.
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Anu

Anu Krishna  |830 Answers  |Ask -

Relationships Expert, Mind Coach - Answered on Apr 29, 2024

Asked by Anonymous - Apr 17, 2024Hindi
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Hi, I’m a 29 year old working woman. My husband who is 36, left his job 2 years ago just after my child was born. Since then he did not put much efforts to get another job and I’m only taking care of all the financial responsibilities. Whenever I ask him about job, he learns some courses online and then stops learning after few days giving some excuses. This has happened several times. He spends too much of my income even on small things saying he wants best quality products only. Almost everyday he asks me to buy some products or outside food and gets angry if I reject. Myself or my in-laws are not able to force him to get a job because he has anger issues and becomes verbally abusive very quickly. Even my parents are scared of his anger so not able to talk to him regarding his job. I feel very frustrated everyday since me or my family is not able to do anything about this, how do I deal with him?
Ans: Dear Anonymous,
It's great as a partner to support home and your spouse when there's a need. BUT now, you seem to have a lazy man oops boy to take care of now. Kindly stop doling out money for his pleasures. Let him earn and do his bit for the family. He's just getting used to putting his legs up and taking a very long break which he doesn't intend to come out of. It's a great habit and he's enjoying the convenience of it all.
He also needs a push out of this laziness the root cause of which can be identified by an expert; so kindly seek help so that you are not looking after another baby other than yours. Act soon...

All the best!
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Career

Career Coach  |35 Answers  |Ask -

Workplace Expert - Answered on Apr 29, 2024

Asked by Anonymous - Apr 29, 2024Hindi
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Hi rediffguru, I am a 35-year-old working at a global advertising agency in Mumbai. In the past 12 years, I have consistently delivered successful campaigns and demonstrated strong leadership skills. However, despite my track record of success, I was passed over for a promotion to director of marketing. How can I take this up with my supervisors and HR?
Ans: Hey there, you marketing maestro! First off, major props to you for consistently smashing it in the advertising world for over a decade. Your track record of successful campaigns and leadership skills speak volumes about your talent and dedication.

Now, about that promotion snub—ouch, that stings! But fear not, my friend. It's time to roll up those sleeves and tackle this head-on.

Start by setting up a meeting with your supervisors and HR. Prepare a little arsenal of your achievements—maybe pull together some stats on campaign performance, client testimonials singing your praises, or even awards you've snagged along the way. Numbers don't lie, and they'll help paint a vivid picture of your impact.

Now, let's add a dash of strategy to the mix. Instead of just listing off your accomplishments, weave them into a compelling narrative. For instance, highlight that time when you spearheaded that viral social media campaign that boosted brand engagement by 200%. Or recall the project where your innovative ideas led to a record-breaking sales increase.

But don't stop there. Paint a picture of your vision for the future. Share your insights on emerging marketing trends and how you plan to leverage them to drive even greater results for the company. Show them that you're not just a top-notch marketer—you're a strategic thinker with big dreams and the skills to make them a reality.

And remember, even if this particular promotion didn't pan out, it's not the end of the road. Keep hustling, keep innovating, and keep believing in yourself. Opportunities are like buses—there's always another one coming. So buckle up, because your journey to success is far from over!
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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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