Will I be taxed on selling my 70 lakh property for 180 lakhs to buy a 300 lakh property?

Ans: To calculate the capital gains tax on the sale of your property, we need to consider the acquisition cost, the cost of improvement, and the sale proceeds. Let's break down the calculations:

Acquisition Cost:
The acquisition cost is the amount you paid for the land in 2001, which is Rs. 2.5 lakhs.

Cost of Improvement:
The cost of improvement includes the expenses incurred for construction and any subsequent additions or extensions made to the property. In this case, it includes the construction of the initial two floors, the extension of one floor, and any other related expenses. You mentioned that the total expenses were around 25-30 lakhs. Let's assume the cost of improvement is Rs. 28 lakhs.

Indexed Cost of Acquisition and Improvement:
To adjust the acquisition cost and cost of improvement for inflation, we need to calculate the indexed cost. The indexed cost is calculated using the Cost Inflation Index (CII) provided by the Income Tax Department. The CII for the relevant years can be found on the Income Tax Department's website.

Let's assume the CII for the year 2001-2002 was 100 and for the current financial year, it is 317.

Indexed Cost of Acquisition = Acquisition Cost × (CII for the year of sale/CII for the year of acquisition)
Indexed Cost of Acquisition = Rs. 2.5 lakhs × (317/100) = Rs. 7,92,500

Indexed Cost of Improvement = Cost of Improvement × (CII for the year of sale/CII for the year of improvement)
Indexed Cost of Improvement = Rs. 28 lakhs × (317/100) = Rs. 88,76,000

Capital Gain:
To calculate the capital gain, deduct the indexed cost of acquisition and the indexed cost of improvement from the sale proceeds.
Capital Gain = Sale Proceeds - (Indexed Cost of Acquisition + Indexed Cost of Improvement)
Capital Gain = Rs. 70 lakhs - (Rs. 7,92,500 + Rs. 88,76,000)
Capital Gain = Rs. -26,68,500 (Assuming the indexed cost is higher than the sale proceeds)

Since the calculated capital gain is negative, it means there is no capital gain tax applicable in this case. This is because the sale proceeds are less than the indexed cost of acquisition and improvement.

Ans: As an NRI, any capital gains arising from the sale of property in India are subject to taxation under the Income Tax Act, 1961. Here's how the taxation works and some strategies to minimize your tax liability:

Tax on Capital Gains: The capital gains tax is calculated based on the profit earned from the sale of the property. The gain is classified as either short-term capital gains (STCG) or long-term capital gains (LTCG), depending on the holding period of the property.
STCG: If the property is held for less than 24 months (two years), the gains are treated as short-term capital gains and taxed at your applicable slab rate.
LTCG: If the property is held for 24 months or more, the gains are treated as long-term capital gains. For NRIs, LTCG on the sale of property is taxed at a flat rate of 20%, with indexation benefits available.
Indexation Benefit: Indexation allows you to adjust the purchase price of the property for inflation, thereby reducing the taxable capital gains. This helps in minimizing the tax liability on long-term capital gains.
Exemptions and Deductions: Under Section 54 of the Income Tax Act, you can claim an exemption from LTCG tax if you invest the proceeds from the sale of the property in another residential property within a specified period. The exemption is available if the new property is purchased within one year before or two years after the sale, or within three years for under-construction properties. The entire amount of LTCG or the cost of the new property, whichever is lower, is eligible for exemption.
Capital Gains Account Scheme (CGAS): If you are unable to reinvest the proceeds from the sale immediately, you can deposit the gains into a Capital Gains Account Scheme (CGAS) with a designated bank. The amount deposited in the CGAS must be utilized for purchasing a new property within the specified time frame to claim the exemption.
Tax Consultation: Since tax laws can be complex and subject to change, it's advisable to consult with a tax advisor or chartered accountant specializing in NRI taxation. They can provide personalized advice based on your specific situation and help you navigate the tax implications effectively.
By planning your property transactions strategically and leveraging available tax-saving provisions, you can minimize your capital gains tax liability and maximize your returns from the sale of property.

Ans: Hello;

12.5% on 1.1479 Cr: 14.34 L

OR

20% on 82.82 L (Gain arrived after deducting Indexed cost of acquisition from sale price): 16.56 L

Kindly consult a CA for detailed working and suitable guidance.