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Mihir

Mihir Tanna  |851 Answers  |Ask -

Tax Expert - Answered on Sep 29, 2022

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
Rabin Question by Rabin on Sep 29, 2022Hindi
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Money

Dear Mr Mihir, I would like to know the following points:

I bought a flat in Thane - 400603 @ rs.one lakh in Dec.'1983 & would like to sell now this year 2022 @ rs.64 lakhs. Pl. let me know the amount of Property Gain Tax (Long Term) which I have to pay now considering 'Ready Reckoner Rate' at Thane - 400603 area or how to calculate the same to get taxable amount?

Also can I (as Sr. Ctzn.) get a tax exemption as I already bought (in joint ownership where my wife is 1st owner) another flat @ rs.75 lakh in Thane in Nov '2020?

May I invest taxable amount (if any) in Govt. Bonds like NHAI / REC / PFC to get tax exemption & what interest I will get for how many yrs. or else if it will be better to invest my selling amount in good Flexi Cap Mutual Funds for 5 years after paying entire taxable amount to recover the same?

Will appreciate your prompt feedback in detail.

Ans: Capital gain on sale consideration will be reduced by Indexed cost of acquisition and allowable expenses incurred on transfer. You have to calculate indexed cost of acquisition by applying Cost Inflation Index as per prescribed formula on cost of acquisition.

For cost of acquisition, you may take actual cost or fair market value of the asset, as on 01.04.2001.

In case of land and building, fair market value on 01.04.2001 cannot exceed stamp duty value as on 01.04.2001.

Exemption is available if amount of capital gain is invested by purchasing a new residential house within one year before or within 2 years after the date of transfer of the residential house.

As you have already got possession of new property in November 2020, you will not be eligible for exemption.

Decision of investment in specified bonds or acquiring tax mutual funds can be taken after considering several factors like risk appetite, amount of tax liability on capital gain, availability of surplus fund etc.

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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I have some queries regarding tax on sale of my property which I need to show in my Income Tax return in FY-2023-24. I had purchased a flat in Kolkata at a total cost of 8.50 lacs [including registration cost] and registration was done in April, 2004. I had sold the said flat in May,2023 at Rs.31 lacs. My queries are :- 1. Do I need to pay Capital Gain tax on the sale of this flat ? 2. How much tax do I need to pay ? 3. How to show this capital gain income and tax in my Income Tax retirn next year ? Please advise. Regards, Ratan K. Saha
Ans: You need to understand the following things about taxation of your flat:-
1. You have earned a profit (called capital gains in this context) on the sale of your house. So tax is due.
2. However, tax will not simply be 31L – 8.5L. The Govt gives you an advantage of inflation over the years which increases your purchase cost through a process called ‘Indexation’, thus decreasing your tax. Please google and read up on it, or contact a good CA or a financial advisor.
3. You also get credit for registration and stamp duty charges, brokerages paid as also any improvements done in the house of a permanent nature.
4. Please read up on Income Tax Section 54 which also gives out how you can save tax on your final capital gains arrived at.
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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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Ramalingam

Ramalingam Kalirajan  |3899 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on May 01, 2024

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Sir, I am intending to sell our FLAT at Hyderabad, which was purchased in the year 2014 for Rs.24,00,000/-, now the present market rate is Rs. 65 lakhs (approximately). If I sell the Flat for 65 lakhs, how much tax(LTCG) I have to pay or is there any exemption under IT Act as I am not interested in purchase of another house, instead, I am proposing to purchase Agricultural land with the sale proceeds of my Flat. Anxiously awaiting for your valuable advice in this regard, Thanking You Sir, Yours faithfully, G.Sriramulu, Retired employee, HYDERABAD.
Ans: Based on the information you've provided, you'll likely incur Long-Term Capital Gains (LTCG) tax if you sell your flat in Hyderabad. Here's a breakdown:

Scenario:

Flat purchased in 2014 for Rs. 24,00,000
Expected sale value in 2024: Rs. 65,00,000
Holding period: Over 24 months (Long-Term Capital Gains)
No reinvestment in another residential property
Tax Calculation:

Capital Gain: Rs. 65,00,000 (Sale value) - Rs. 24,00,000 (Purchase value) = Rs. 41,00,000
Indexation benefit: However, you'll likely benefit from indexation, which adjusts the purchase price for inflation, reducing your taxable gains. You can calculate the indexed cost using the Cost Inflation Index (CII) provided by the Income Tax Department for the relevant years.

LTCG Tax Rate: After considering indexation, the remaining capital gain will be taxed at 20%.

Important Note: I cannot provide the exact tax amount due to the complexity of indexation calculations.

Exemption Not Applicable:

Unfortunately, purchasing agricultural land doesn't qualify for exemption under Section 54 of the Income Tax Act, which offers exemption on LTCG from the sale of residential property if the gains are reinvested in a new residential property.

Recommendations:

Consult a Chartered Accountant (CA): A CA can help you calculate the exact LTCG tax liability after considering indexation and other relevant factors. They can also advise on any potential tax-saving strategies that might be applicable in your case.
Explore LTCG Investment Options: While you're not interested in buying another house, consider exploring other options to potentially save on LTCG tax. These include:
Capital Gains Bonds: Investing in specific long-term capital gains bonds issued by the National Housing Bank (NHB) or other government bodies can help you save tax under Section 54EC.
New Residential Property: If you're open to the idea of a new property in the future, remember the exemption under Section 54 applies.
Remember: This is just general information, and it's crucial to consult a professional for personalized tax advice based on your specific situation

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I am 37 years old , and having 2.10 lacs salary in hand, I have SIP of Rs. 20k, apart from SIP I have invested in stock current market value is 10L, I have three flats which is cost approx 2.5 cr, i have a home loan as well of 35 lacs. Kindly guide me how I can achieve the milestone of 10 crore corpus in next 15 years.
Ans: Achieving a significant corpus like Rs. 10 crores in 15 years requires careful planning, disciplined investing, and leveraging various assets and investment avenues. Let's explore a comprehensive strategy to reach this financial milestone.

Current Financial Snapshot
Income and Investments
At 37 years old, with a salary of Rs. 2.10 lakhs per month, you have a solid foundation. Here's a snapshot of your current investments:

SIP Investment: Rs. 20,000 per month
Stock Investments: Current market value of Rs. 10 lakhs
Real Estate Holdings: Three flats valued at approximately Rs. 2.5 crores
Liabilities: Home loan of Rs. 35 lakhs
Strategic Roadmap to Achieve Rs. 10 Crore Corpus
1. Optimize Investment Portfolio
Review Existing Investments
Evaluate the performance and alignment of your current investments with long-term goals:

Stocks: Assess the potential for growth and consider diversification if necessary.
Real Estate: While real estate is valuable, ensure it aligns with your liquidity needs and financial goals. Consider rental income potential versus capital appreciation.
SIPs: Continue disciplined investing. Evaluate if the current SIP amount needs to be increased to meet the Rs. 10 crore target.
2. Increase Savings and Investments
Maximizing Monthly Contributions
Increase SIP Amount: Depending on your surplus income, consider increasing the SIP amount gradually. This accelerates wealth accumulation.
Bonus and Windfalls: Direct any windfall gains towards investments rather than discretionary spending.
3. Diversification and Risk Management
Balancing Risk and Return
Asset Allocation: Diversify across asset classes such as equity, debt, and possibly alternative investments like gold or international funds.
Risk Management: Regularly review and rebalance the portfolio to mitigate risks associated with market volatility.
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Addressing Home Loan
Early Repayment: Explore options to accelerate home loan repayment to reduce interest burden and improve cash flow for investments.
Debt Consolidation: Consolidate high-interest debts if applicable to streamline finances and improve liquidity for investments.
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Equity Mutual Funds: Actively managed funds can potentially outperform passive funds like index funds due to strategic decisions by fund managers.
Debt Instruments: Consider debt funds for stability and regular income, balancing the portfolio against equity market fluctuations.
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Leveraging Certified Financial Planner (CFP)
Holistic Financial Planning: Engage with a CFP to develop a customized financial plan considering income, investments, goals, and risk appetite.
Periodic Reviews: Regularly review investment performance and adjust strategies based on changing life circumstances and market conditions.
Addressing Existing Policies and Investments
7. Insurance and Investment Policies
Surrender and Reinvest
LIC, ULIPs, Investment cum Insurance Policies: Evaluate existing policies for surrender value and consider reinvesting in more lucrative investment avenues like mutual funds for better returns.
Legal and Recovery Aspects
8. Recovering Debt
Legal Recourse
Documentation: Gather all evidence and communication related to the debt owed by your friend.
Legal Consultation: Seek legal advice to explore options like sending legal notices, mediation, or filing a suit in a court of law if necessary.
Financial Impact: While pursuing legal action, continue focusing on building your financial assets through disciplined investments.
Final Insights
Achieving a corpus of Rs. 10 crores in 15 years demands a balanced approach involving disciplined savings, strategic investments, and proactive debt management. Leveraging existing assets like stocks and real estate alongside increasing SIPs and exploring diverse investment avenues is key. Engaging with a Certified Financial Planner ensures a structured approach, optimizing your path towards financial independence and security.

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Dr Hemalata Arora  |194 Answers  |Ask -

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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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