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Can Parents Share Capital Gain with Child for Down Payment on New Home?

Mihir Tanna |1035 Answers |Ask -Follow

Tax Expert - Answered on Jul 31, 2024

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

Asked by Anonymous - Jul 25, 2024Hindi

Money

My parents who jointly own a flat have decided to sell it coming week.We are looking into reinvesting the part of capital gains from this property into another flat on my name as I would also be getting additional home loan for the same. The amount would be part of down payment for same. The remaining capital gain is also being reinvested in another flat by parents jointly. Can Parents share the capital gain with child? Will there be Capital Gain tax on the same in this new budget 2024-2025 after Index abolition?

Ans: To save tax on capital gain, your parents need to invest gain amount in another property and it can not be shared with child.

Capital gain tax will change if Budget proposal are implemented as rate of tax is reduced from 20% to 12.5% and benefit of indexation will not be available.

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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Hi Hi am 68 years old retired government employee in 2002 I had purchase a flat at 3.5 lack. Recently on May 2024 I have sell that flt on 21.50 .all the money I have given to my son who had purchased a new flat.can I pay capital gain tax.if yes then how much.

Ans: 01. Since you have sold the flat in May-2024, applicable LTCG tax would be @20%, with indexation.
02. You are liable to declare LTCG in your ITR & pay tax accordingly.
03. Exact tax amount payable by you can't be calculated in absence of detailed info about your Income from all sources & Tax Savings etc.
04. you can gift your son this sale amount, who may utilize the same in a way he likes.
05. If your want to save your LTCG, you should have purchased the new flat, may be in the name of your son. In this way you would have been entitled to exemption u/s 54. There are some tribunal decisions, which have confirmed that property purchased in the name of Spouse, son or daughter (Lineal blood relations), is eligible for exemption u/s 54.
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Hello Mihir I just wanted to ask that, we sold our flat which was in my moms name and now we want to buy two flats in my name so are we liable to pay capital gain tax or not. Is it ok if they buy it in my name and not in my mothers name, please tell me.

Ans: To claim capital gain tax exemption, owner is required to invest gain amount in new property. So if your mother buy property in your name, she will be liable to pay capital gain tax.

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Asked by Anonymous - Feb 07, 2025Hindi

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I am a senior citizen. I am selling my flat at 54 lakh. I bought it 13 years back for 19 lakh 80 thousand 600. My son is the co applicant. He is working in IT and he has a family of wife and a son. Me and My husband are unemployed, no pension, not earning. What would be my capital gain and what would be the tax we have to pay.

Ans: Assuming that the property was purchased during FY 2010-11, the indexed cost of acquisition works out to Rs.4305136. So Long Term Capital Gain shall be 1094863. This can be divided between you and son equally and after adding to other income, tax shall be calculated at 20% for your son. For you if no other income then amount remaining after basic exemption limit shall be taxable at 20%

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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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