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Can I claim capital gain exemption on my newly purchased property?

Ramalingam

Ramalingam Kalirajan  |7036 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jul 26, 2024

Ramalingam Kalirajan has over 23 years of experience in mutual funds and financial planning.
He has an MBA in finance from the University of Madras and is a certified financial planner.
He is the director and chief financial planner at Holistic Investment, a Chennai-based firm that offers financial planning and wealth management advice.... more
radhakrishna Question by radhakrishna on Jul 20, 2024Hindi
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sir I have purchased site maesuring 40x60 ft in 2013 for Rs 10 lakhsand consructed a house in 2013 incurring 20 lakhs ,with following all rules by the local authority by paying all the taxes.0n 23.4.2023 i have sold the house for 60 lakhs.on 28.4.2023 i have purchased site for Rs 23lakhs without depositing the amount in capial gain account.kindy advice me whether i can claiim capital gain for purchased site as per sectio 54 of income tax.i do not have any docuentary proof for amount incurred for house construction and can i claim house improvement as capital gain exemptions.thank you sir.hope you will reply at an earliest.Iam a senior sitizen and an agriculrist

Ans: Based on the information you've provided, here's a breakdown of your situation:

Sale of Residential Property: You sold your house on 23.04.2023 for Rs. 60 lakhs.
Purchase of New Property: You purchased a new site on 28.04.2023 for Rs. 23 lakhs.
Capital Gains: You potentially have a long-term capital gain from the sale of your house.
Documentation: You lack documentary proof for the construction cost of your house.
Potential Issues and Considerations

Capital Gains Exemption Under Section 54:

To claim exemption under Section 54, you generally need to invest the capital gains in another residential property within a specified timeframe.  
While you purchased a new site, it's not a residential property yet. You would need to construct a house on it within the prescribed time limit to qualify for the exemption.
The amount invested in the new property should generally be equal to or more than the capital gains to claim full exemption.
Proof of Construction Cost:

Lack of documentary proof for construction costs might be a challenge. You may need to explore alternative evidence or methods to substantiate the expenditure.
Consider consulting with a tax professional to discuss potential options and strategies.
Timelines:

The specific timelines for investing the capital gains in a new residential property under Section 54 are crucial. Ensure you comply with these requirements.
Recommendations

Consult a Tax Professional: Given the complexity of the matter and the potential implications, seeking expert advice is highly recommended.
Gather Relevant Documents: Collect all available documents related to the sale of your house, purchase of the new site, and any construction-related expenses.
Explore Alternatives: If claiming exemption under Section 54 is not feasible, consider other potential tax-saving options.
Act Promptly: Timelines for claiming exemptions and potential tax implications are important. Don't delay in seeking professional guidance.

It's crucial to consult with a chartered accountant or tax expert for personalized advice based on your specific circumstances.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
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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Hardik

Hardik Parikh  | Answer  |Ask -

Tax, Mutual Fund Expert - Answered on Jul 23, 2023

Asked by Anonymous - Jul 20, 2023Hindi
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Hellow Sir, In February, 2023 I had sold a House Property and there is Capital Gain around 15.00 lakh. From the sale proceed I received, I have already bought a housing plot(land) costing Rs.11.00 Lakh, in May, 2023, in a Govt. approved scheme and this has also been registered in my favour. All other formalities for its mutation has also been completed. Since I am planning to construct house on this newly acquired Plot in next 2 years, kindly guide:- (1)whether the amount already incurred in acquiring above Housing Plot would also be considered against utilization of Capital Gain ? (2)the amount I have to kept in the Capital Gain Account Scheme for utilization during construction of House shall be Rs.15.00 Lakh OR Rs.4.00 Lakh (after deducting cost of Plot i.e. Rs.11.00 Lakh) ? Kindly Guide Regards !
Ans: Hello,

I understand your situation and I'm here to help. Based on the details you've provided and the current tax laws in India, here's what you need to know:

1) The amount you've spent on acquiring the housing plot can indeed be considered for the utilization of your capital gain. As per the Income Tax Act, if you reinvest the capital gains from the sale of a property in buying a new property or constructing a new house, you can claim tax exemption on the capital gains.

2) The amount you need to keep in the Capital Gain Account Scheme (CGAS) would be the remaining amount after deducting the cost of the plot from the capital gain. In your case, if you've already spent Rs. 11.00 Lakh on the plot, you would need to keep Rs. 4.00 Lakh (Rs. 15.00 Lakh - Rs. 11.00 Lakh) in the CGAS. This amount should be utilized for the construction of the house within the specified time period, which is 3 years from the date of sale of the original property.

..Read more

Ramalingam

Ramalingam Kalirajan  |7036 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on May 11, 2024

Asked by Anonymous - Apr 20, 2024Hindi
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Sir I bought a residential property for 2,05 lakh(including regisrty etc) in Dec 1994,sold it in November 2023 for 6600000....and spent around ten lakhs over these thirty years on renovation time to time....what is the amount of capital gain on this..
Ans: Based on the information you provided, the capital gain on your property sale would be Rs. 6,395,000.

Here's a breakdown of the calculation:

Factor Amount
Sale price of the property Rs. 6,600,000
Cost price (including registry etc.) Rs. 2,05,000
Renovation expenditure (capped at Rs. 2 lakh) Rs. 2,00,000
Indexed cost price (not available) Rs. 2,05,000 (assumed)
Capital gain Rs. 6,395,000


Please note that this is an estimated calculation. The actual capital gain might differ depending on the following factors:

Indexed cost price: If you have data on the inflation index for the period you held the property, you can calculate the indexed cost price which can reduce the capital gains.
Actual renovation expenditure: The calculation considers a maximum deduction of Rs. 2 lakh for renovation expenses. If your documented renovation expenditure is less than Rs. 2 lakh, the capital gain will be slightly higher.
Other selling expenses: Selling expenses like agent commission or brokerage fees can further reduce the capital gains.
It's recommended to consult a tax advisor for a more precise calculation considering your specific situation and claiming any applicable deductions. They can also advise you on the tax implications of the sale.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

..Read more

Ramalingam

Ramalingam Kalirajan  |7036 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jul 19, 2024

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My Father has purchase a property for rs 115000 in year 1994.at Bhayandar west district Thane at Maharashtra state.and my Father did this registration in amnesty scheme in year 2008.and after that my Father died in year 2014.and after I made a release deed transfer this property in my name (son). I sold this residential property in June 2024for rs 30lakh.in this case I want to know the status of capital gain is there or not I also want to know if I sell this residential property .I can purchase ashop or not. If I want to save capital gain what is the solution to save my tax. Thanking u.
Ans: You sold a property in June 2024 for Rs 30 lakh. It was bought for Rs 1,15,000 in 1994. Let's evaluate if there's a capital gain.

Indexed Cost of Acquisition

The property purchase cost will be adjusted for inflation. This is called the Indexed Cost of Acquisition (ICA). The ICA is calculated using the Cost Inflation Index (CII) provided by the Income Tax Department.

Calculating Indexed Cost

Calculate the ICA to understand your capital gain. Since we won't use specific formulas here, you can consult a Certified Financial Planner to get the precise ICA value. This helps in determining the exact capital gain.

Long-Term Capital Gains (LTCG)

Since you held the property for more than 24 months, it is classified as a long-term asset. The profit from the sale, after adjusting for the ICA, is your Long-Term Capital Gain (LTCG).

Tax on LTCG

LTCG is taxed at 20% with indexation benefits. However, there are ways to save on this tax.

Investing in Another Property

You can save on capital gains tax by investing in another residential property. This is covered under Section 54 of the Income Tax Act. If you buy a residential house within two years or construct one within three years, you can claim exemption.

Investing in Capital Gains Bonds

Another option is to invest in Capital Gains Bonds under Section 54EC. These bonds have a lock-in period of five years and provide tax exemption on the gains. The maximum investment limit in these bonds is Rs 50 lakh.

Purchasing a Shop

Buying a shop will not provide capital gains tax exemption under Section 54. The exemption is only for residential properties. If you sell a residential property, you must reinvest in a residential property to save on capital gains tax.

Other Options to Save Tax

Residential Property: Invest in another residential property within two years.

Construction: Construct a new house within three years.

Capital Gains Bonds: Invest in these bonds within six months of the sale.

Final Insights

To save on capital gains tax, reinvest in a residential property or Capital Gains Bonds. Purchasing a shop will not help in saving tax on capital gains. Consulting a Certified Financial Planner can help you navigate these options efficiently.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

..Read more

Latest Questions
Ramalingam

Ramalingam Kalirajan  |7036 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Nov 18, 2024

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Sir Is it advisable to invest in Silver mutual fund as iam already investing by SIP in Sundaram multi asset allocation fund regular at the rate of 2000 p.m.
Ans: Silver mutual funds primarily invest in silver or silver-related assets. These funds aim to track the performance of silver in the market. They are volatile due to price fluctuations in the precious metals market. While they can diversify your portfolio, they come with risks.

Assessing Your Current Investment
You are already investing in Sundaram Multi Asset Allocation Fund through SIP. This fund diversifies across equity, debt, and other asset classes, potentially including gold and silver.

Benefit: It provides exposure to multiple asset classes, balancing risk and reward.
Drawback: Adding a silver mutual fund may duplicate your exposure to silver indirectly through this fund.
Points to Consider Before Investing in Silver Mutual Funds
1. Understand the Risk

Silver prices are influenced by industrial demand and global trends. This makes it highly volatile.
Returns may not be steady compared to equity or debt funds.
2. Evaluate Your Financial Goals

If your goal is wealth creation over a long period, equity-focused funds may be better.
If you are looking for hedging against inflation, gold may offer more stability than silver.
3. Diversification Balance

Diversification is essential but over-diversification can dilute returns.
Adding silver should be based on your overall asset allocation. If you already have exposure through Sundaram Multi Asset Allocation Fund, silver-specific investment may not add much value.
4. Liquidity

Silver mutual funds have liquidity constraints as they depend on underlying silver markets.

Alternatives to Silver Mutual Funds
1. Continue with Multi-Asset Funds

Multi-asset funds already balance equity, debt, and commodities. Stick to your existing SIP.
2. Consider Actively Managed Equity Funds

Equity funds may offer better long-term returns and wealth creation opportunities.
3. Increase Exposure to Debt or Gold

If you want to hedge risks, increase your allocation to gold or balanced funds.
When Should You Consider Silver Mutual Funds?
You have a high-risk appetite and understand silver market dynamics.
Your portfolio lacks sufficient diversification in precious metals.
You can hold the investment for the long term (5-10 years) to mitigate volatility.
Final Insights
Investing in silver mutual funds is not necessary if your Sundaram Multi Asset Allocation Fund already includes silver exposure. Instead, consider focusing on equity or balanced funds for consistent long-term returns. Ensure your investment strategy aligns with your financial goals, risk tolerance, and time horizon. Regular review and disciplined investing will help you achieve your objectives.

Best Regards,
K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

...Read more

Ramalingam

Ramalingam Kalirajan  |7036 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Nov 18, 2024

Asked by Anonymous - Nov 17, 2024Hindi
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Sir I want retire by corpus 3cr by 50, currently I am 39 age. Doing sip 50k and existing corpus of 50L in Mutual funds and fd of 25L,EPF 15L,
Ans: Retiring with a corpus of Rs. 3 crores by the age of 50 requires a clear strategy. Let us evaluate your current financial position and provide actionable steps to achieve your retirement goal.

Current Financial Overview
Age: 39 years (11 years to retirement)

Existing Mutual Fund Corpus: Rs. 50 Lacs

Fixed Deposit Corpus: Rs. 25 Lacs

EPF Corpus: Rs. 15 Lacs

Monthly SIP Contribution: Rs. 50,000

Retirement Goal: Rs. 3 Crores at age 50

Assessing Your Current Progress
Your combined existing corpus is Rs. 90 Lacs (mutual funds, FD, EPF).

Your SIP contributions over 11 years will add significant value.

Growth in your investments is critical to reaching the Rs. 3 crore goal.

Recommendations for Achieving Your Goal
1. Review and Optimise Existing Investments
Focus on actively managed mutual funds for potential higher returns.

Avoid index funds as they cannot outperform the market. Active funds offer better growth with expert management.

Diversify your portfolio across equity and hybrid mutual funds for stability and growth.

2. Reevaluate Fixed Deposits (FDs)
Fixed deposits offer low returns, which may not keep pace with inflation.

Shift a part of the FD corpus to well-performing debt mutual funds.

Debt funds provide tax efficiency and moderate returns, better than FDs.

3. Leverage EPF Growth
EPF offers guaranteed returns with tax benefits.

Keep contributing regularly and avoid early withdrawals.

Let EPF serve as a low-risk component of your retirement corpus.

4. Enhance SIP Contributions Gradually
Increase your SIP amount annually as your income grows.

Even a 10-15% yearly increase can significantly impact your retirement corpus.

Automate your SIPs to maintain consistency and discipline.

5. Address Mutual Fund Taxation Rules
Long-term capital gains (LTCG) from equity mutual funds are taxed at 12.5% above Rs. 1.25 lakh.

Short-term gains are taxed at 20%. Factor this into your maturity projections.

Efficiently plan withdrawals post-retirement to minimise tax liability.

6. Avoid Direct Plans
Direct funds lack personalised guidance and market insights.

Invest through a Certified Financial Planner for expert recommendations.

Regular plans help you make informed decisions and adjust strategies.

7. Monitor and Rebalance Portfolio
Review your investments at least annually.

Rebalance based on market performance and your risk appetite.

Align your portfolio to your retirement timeline.

Risk Management
1. Health Insurance
Ensure adequate health insurance coverage to protect your savings from medical emergencies.

Opt for top-up plans for additional coverage, if needed.

2. Life Insurance
If you have any investment-linked policies (ULIP or endowment), consider surrendering them.

Reinvest proceeds into mutual funds for better returns.

Continue term insurance for family protection.

Final Insights
With your current savings, SIPs, and disciplined investing, you are well-positioned to reach Rs. 3 crores. Focus on optimising your portfolio, increasing SIPs, and managing risks effectively. Track your progress regularly and adjust your strategy as needed. Consistency and informed decisions will help you achieve your early retirement goal.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

...Read more

Ramalingam

Ramalingam Kalirajan  |7036 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Nov 18, 2024

Asked by Anonymous - Nov 17, 2024Hindi
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Money
I have a debt of 1 lakh i kept the gold as mortgage for my friends operation and i am still a student. Its been two weeks since its at the gold shop. What should i do, no one is there to help me even my parents dont know about it
Ans: First, stay calm and think logically. Your current focus should be on resolving the loan and retrieving your gold.

You have taken a responsible step by helping your friend in a medical emergency. This is commendable.

However, keeping your gold mortgaged for long can lead to additional interest charges. This will increase your financial burden.

Since you are still a student, it may be challenging to generate funds immediately. Hence, a structured plan is needed.

Exploring Immediate Solutions
1. Talk to Your Friend’s Family

Approach your friend’s family for assistance. Explain the situation politely and seek their help.

They might not know the extent of your contribution and may help you financially.

2. Seek Support from Trusted Adults

Though difficult, consider talking to a trustworthy adult. It could be a family member, teacher, or mentor.

They might guide you or offer financial support without judgment.

3. Part-Time Work or Freelancing

Look for part-time jobs or freelancing opportunities to generate income.

Focus on skills like tutoring, content writing, or online tasks to earn quickly.

4. Consider Student Loans

Many banks offer small loans for students with minimal documentation.

Approach a bank or financial institution for a short-term loan to clear your debt.

5. Negotiate with the Gold Shop

Visit the gold shop and request an extension or reduction in interest charges.

Be honest about your financial situation. Some shopkeepers might offer relief.

Avoid Risky Alternatives
Avoid borrowing from unverified sources. High-interest informal loans will worsen your financial situation.

Don’t resort to drastic measures. Selling the gold permanently is not recommended unless unavoidable.

Building Financial Discipline
Once the current issue is resolved, focus on building a small emergency fund. Even Rs. 500 saved monthly can be helpful.

Avoid taking financial responsibility beyond your capacity in the future.

Final Insights
Helping a friend during their difficult time shows your compassionate nature. However, now it is essential to prioritise your financial stability. Act swiftly to retrieve your gold, as delays can lead to compounded interest. Seek support from trusted people or institutions to overcome this challenge. Your current situation, though challenging, is a learning opportunity for better financial planning in the future.

Best Regards,
K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

...Read more

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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