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Mahesh Padmanabhan  |120 Answers  |Ask -

Tax Expert - Answered on May 03, 2023

Mahesh Padmanabhan has specialised in payroll, personal and corporate taxation for more than two and a half decades, enabling him to provide practical, realistic and correct advice to his clients.
He is a member of The Institute of Chartered Accountants of India and has a degree in cost accounting from the Institute of Cost Accountants of India.
He is also a qualified information systems auditor. ... more
Asked by Anonymous - Apr 04, 2023Hindi
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If a person buy new 2BHK flat for 65L in March 2023 & want to sale his old 1BHK flat for 40L (which was purchased in 2010), how dose it will be Tax applicable- if any (will it be considered as capital gain, how it is calculated?

Ans: Hi,

I am presuming that you want to clarify if the capital gain tax be avoided if the reinvestment of old 1BHK flat sale could be mapped against purchase of 2 BHK flat.

The reinvestment conditions specify that you could off-set the capital gain arising out of sale of a residential property by purchasing or constructing a new house within the stipulated timeframes.

If you have bought a ready possession property (new flat) then the timelines are 1 year back or 2 years forward from the date of sale of the old flat.

If you have bought an under construction flat then the timelines are 3 years forward from the date of sale of the old property.

An example would be as follows:

Purchase of 2BHK flat is say June 1, 2022 and date of sale of 1BHK is say May 1, 2023 - You could map the capital gains from 1BHK against the purchase of 2BHK ready possession flat. Similarly, if the purchase of the 2BHK flat was at anytime after May 1, 2023 but within 2 years from this date, then again the exemption would be allowed.

In the case of under construction property, all payments made to the builder after May 1, 2023 would be allowed upto a period of 3 years
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 booked a under construction flat in May 2022 for 2.80 crs inclusive of GST and stamp duty likely possession in December 2023, Flat is in joint name with my wife on 50:50 basis. I have availed joint Bank loan of 2.10 crores which is partially disbursed approx 1.76 crores up to now. balance will be disbursed before possession. I will be selling by old flat in January 2024 which is in my individual name, which I purchased in July 2017 for 92.50 lacs inclusive of stamp duty, approx selling price will be 1.25 crores. This flat is also on loan of 54 lakhs outstanding .What will be the capital gain against this and can this be setoff against the new flat? Difference amount 1.25 crores(sale price) less 54 lakhs (Bank Loan) balance amount of 71 lakhs I might pay against the new bank loan of 2.10 crores which will reduce the loan to 1.39 crores. Please guide how to go to save the Capital gain tax.
Ans: Hi
You may have a long term capital gain of about Rs. 6.70 Lakhs. Suggestions to avoid paying any tax on this gain would be to pay towards the construction of the new house. This would mean that you may need to sell your house before you take possession of the new house in December 2023 and use the sale consideration to pay to the builder to the extent of approx Rs. 6.70 Lakhs to make it eligible as reinvestment in a new under construction property. This cannot be the other way round i.e. you cannot pay full amount to the builder and take possession and thereafter sell the old house.

If you need the house to stay till the possession of the new property then you could try for a rental arrangement with the buyer of your old house.
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Hello, Hope you're doing good! I am 32 yrs old and planning to invest till 60 yrs i.e till next 28 yrs. I am investing in below MFs and some other savings schemes, I need you suggestion on the same: MFs Investment: 1. ICICI Prudential Nifty Alpha Low Volatility 30 ETF FOF - 1,500/- PM 2. Tata Resource & Energy Fund - 2,000/- PM 3. ICICI Prudential Technology - 1,500/- 4. Nippon India Nifty Smallcap 250 Index Fund - 1,000/- PM 5. SBI Nifty Next 50 Index Fund - 1,000/- PM 6. ICICI Prudential Nasdaq 100 Index Fund - 1,000/- PM 7. ICICI Prudential Nifty Bank Index Fund - 2,000/- PM Apart from this I am also investing in NPS around 17,500/- PM and PF around 30,500 including both. Also investing 5,000/- in Max Life Online Savings Plan (10 yrs investing period and 15 Yrs total Policy period). My goal is to be accumulate wealth for my retirement. Thank you in advance for your help.
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Maintaining a disciplined investment habit and staying committed to your financial goals over the next 28 years will be crucial. Regularly reviewing your portfolio's performance and adjusting it as needed to stay aligned with your objectives is essential.

Remember, the journey to retirement wealth accumulation is a marathon, not a sprint. Stay patient, stay focused, and trust in the power of compounding to grow your investments steadily over time.

By diligently contributing to your investment portfolio and making informed decisions, you're laying a solid foundation for a financially secure and fulfilling retirement. Keep up the good work, and your future self will thank you for it.
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Ans: With a planned retirement in 13 years and an estimated total corpus of around 7.5 crores, your goal of achieving a corpus of 10 crores by retirement seems achievable. However, it's essential to conduct a detailed analysis to ensure financial sustainability for the subsequent 15-17 years.

Consider the following factors:

Inflation: Account for inflation in your expense calculations to maintain the purchasing power of your corpus over time.
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Contingency Planning: Build a buffer for unforeseen expenses or emergencies to safeguard your retirement corpus.
Regular Review: Periodically review your portfolio's performance and adjust your investment strategy if needed to stay on track towards your retirement goals.
Consulting with a Certified Financial Planner can provide personalized guidance tailored to your specific financial situation and retirement aspirations. With careful planning and prudent management, you can aim for financial security and peace of mind in your retirement years.
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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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