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How can I help my mother save tax on the sale of an ancestral property?

Samkit

Samkit Maniar  |180 Answers  |Ask -

Tax Expert - Answered on Jul 25, 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
Arnab Question by Arnab on May 29, 2024Hindi
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My mother will be selling an ancestral property which will be in her name in a month or two through mutation , She already has 3 flats in her name jointly with my father. is there a way she can save tax on it?

Ans: 54EC bonds to the tune of INR 50 lacs may only be the option with her.

Before selling the ancestral property, she may plan (ie streamline) the ownership in existing 3 properties to avail a higher deduction by reinvesting in another residential house property.

Please note the amendments as laid down in budget which has removed indexation benefits from sale of properties after 23 July 2024.

Please consult your CA 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

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Asked by Anonymous - May 02, 2024Hindi
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My mother had a flat in Delhi which she wants to sell and give me the money to buy a flat in Bangalore. The Delhi flat will sell for approximately 1 crore and the Bangalore flat will cost about 2 crore- for which i will take loan. I wanted to know if i want to avoid paying tax on money received from Delhi flat, should i buy the Bangalore flat in joint name with my mother? If yes- will she have to be main owner, or can i be the main owner with she being co-owner?
Ans: If you're looking to avoid paying tax on the money received from selling the Delhi flat, purchasing the Bangalore flat jointly with your mother could be a viable option. However, there are some considerations to keep in mind:

Ownership Structure: You have the flexibility to choose the ownership structure based on your preferences and tax implications. Both you and your mother can be joint owners of the Bangalore flat, with either of you being the main owner or co-owner.
Tax Implications: When selling a property, capital gains tax may apply on the profit earned from the sale. However, under Section 54 of the Income Tax Act, if the proceeds from selling the Delhi flat are reinvested in purchasing a residential property in India within a specified time frame, you may be eligible for capital gains tax exemption. The exemption is available if the new property is purchased either in your name or jointly with others.
Joint Ownership: Joint ownership of the Bangalore flat with your mother can offer several benefits, including shared responsibility for loan repayment, potential tax advantages, and succession planning. However, it's essential to understand the legal and financial implications of joint ownership, including rights, responsibilities, and potential disputes.
Consultation with Experts: Before making any decisions, it's advisable to consult with a tax advisor or a real estate lawyer who can provide personalized guidance based on your specific circumstances and goals. They can help you navigate the tax implications, ownership structure, and legal considerations associated with the property transaction.
By seeking professional advice and exploring the option of joint ownership with your mother, you can make an informed decision that aligns with your financial objectives and helps minimize tax liabilities effectively.

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