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Samkit

Samkit Maniar  |174 Answers  |Ask -

Tax Expert - Answered on Mar 05, 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
Asked by Anonymous - Feb 23, 2024Hindi
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Sir,I was an NRI for 15 years and returned back India in 2022 permanently and convereted all my NRE ,NRO savings and FD accounts to Resident accounts and NRE mutual funds account to Resident account immediately after returning. Now I have got an opportunity of a job for 10 months contract. Do I need to change again all the accounts to NRO accounts before leaving India for 10 month period?

Ans: This actually depends upon two things - (1) citizenship and (2) intention after 10 month period (ie whether you will reside in India or outside after 10 month period
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

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I was working abroad since June 2009 and returned back to India permanently on October 28, 2020. I changed my NRE bank account status to that of resident saving account in November 2020. Also, the FDs in the NRE account status were changed to resident saving account FDs. The interest accrued on these FDs on December 31, 2020, on quarterly basis and the bank cut TDS on the same. Also, TDS deducted in the March 2021 quarter on FD interest/ matured FDs in this quarter. My questions are: 1. While filing tax for the financial year April 2020 to March 2021, will the interest income on the savings account and the FDs be considered from the date of account status changed from NRE to resident saving account? Or will the interest income be considered from Mar 2020 (ie, for whole year)?
Ans: As per the RBI's master directions, upon returning to India permanently, the existing NRE FD account of the NRI account holder is required to be converted to a resident account, without any changes in the promised rate of interest.

The interest earned from the NRE FD is not taxable. However, after it is converted to a resident FD, the interest earned is taxed as per your income tax slab. TDS will be deducted if applicable.

2. If the answer of the first question is from the date of account status change, then the total income for the year will be less than exempted income. In this case, can I get tax return on deducted TDS on FDs after filing ITR?

Anil Rego Yes. Once you file ITR, you can claim a refund for any extra tax paid.

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Tax Expert - Answered on Nov 23, 2024

Asked by Anonymous - May 11, 2024Hindi
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Can you please suggest on capital gains as per Indian taxation laws arising in the below two queries : 1) property purchased with joint ownership, me and my wife’s name in 2015 at a cost of 64,80,000, housing improvements done for the cost of 1000000 and brokerages of 200000 paid and sold the same property at 10000000 in Dec 2023? 2) 87% of the proceeds got from the deal i.e 8700000, have been reinvested to pay 25% amount in purchasing another joint ownership property in Dec 2023, 3) I have invested in another under construction property in Nov 2023 by taking housing loan, which is on me and my wife’s name worth 1.4 cr, here the primary applicant is me only while wife is just made a Co applicant in the builder buyer agreement and also on the housing loan . So what are the LTCG tax liabilities arising from the above 3 scenarios for FY 2023-2024 and FY 2024-2025. I intend to sale off the property acquired in (2) by Dec 2024 and use that proceeds to close the housing loan for the property acquired in (3), will this sale of property be inviting any tax liabilities if the complete proceeds received from the sale of the property in (2) would be utilised to close the housing loan taken in Nov 2023 for the property in (3) ? Since in FY 23-24, I would be claiming the LTCG from the sale proceeds of 1) invested in the purchase of property in 2), and I intend to sale off this property in Dec 2024, will the LTCG claim be forfeited on the property sale in (1), should I hold this property at least for further 1 year so that sale of this property in 2) will not invite STCG?
Ans: (A). Let's first talk about F/Y 2023-24 :
You jointly sold a Property during the year for Rs.76.80 lakhs (64.80+10.00+2.00), & sold the same for Rs.100.00 lakhs.
You have jointly also purchased Property No.3 (I suppose it is Residential only), for Rs.140.00 lakhs.
You should avail exemption u/s-54 & file your ITR accordingly. Please disclose all details about sale & purchase in your ITR.
02. Now coming to the F/Y 2024-25 :
You intend to Sell Property No.2, which was acquired in 2023-24. Any Gain on Sale of it would be Short Term capital Gains & taxed accordingly.
Alternatively, you may hold this sale of property no.2 (for 2 years from its purchase) & avoid STCG
You are free to utilize the sale proceeds in a way you like, including paying off your housing Loan.
Please note to avail exemption u/s 54 only from investment in property no.3 & not 2.
Most welcome for any further clarifications. Thanks.

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