It is reg LTCG on sale of property acquired through Gift Deed from Mom. Residential house acquired through Will by my Grandmother in 2004, who gifted the same to my Mom in 2006 and my Mom gifted the same to me in 2021. Both Gift deeds are registered. I sold the property after 18 months of getting gift. My querries are (1) What will be the Capital Gain, STCG or LTCG and (2) what will be the my cost for calculating capital gain.

Ans: Hi,
There are lot of ambiguities in your query. Certain questions that are pertinent are as follows:

Was the Rs. 17 Lakhs fully paid in 2002?
How was the possesion given in 2003 without registration and it was done only in 2016?
What was the proportion of payment that was made by you individually and your husband?

The answers to this query would change based on inputs to the above questions. However, i will try to give a generic response to your queries

Indexed Cost of Rs. 17 Lakhs - Rs. 56,34,286
Indexed Cost of Rs. 1.65 Lakhs - Rs. 2,17,500
Total Indexed Cost - Rs. 58,51,786
Sale Consideration - Rs. 95 Lakhs
Long Term Capital Gain - Rs. 36,48,214

Most critical point here is that this capital gain would be taxed in the hands of your husband and not you as he has gifted the property to you without any monetary consideration. This is based on the clubbing provisions of the Income Tax Act

Ans: Person is required to pay tax on gain earned on the transfer of capital asset (flat). Gain amount is calculated by deducting indexed cost of asset from sale consideration.

Cost to the previous owner (husband in your case) will be considered as cost of acquisition and period of holding will also start from 2003 (date on which husband acquired the flat). However, subject of indexation benefit is matter of litigation. There are judicial pronouncements which allow to claim indexation benefit from the date of acquisition to the previous owner.

You can calculate the capital gain with the help of income tax calculator available at https://incometaxindia.gov.in/Pages/tools/indexed-cost-of-acquisition-or-improvement.aspx

Ans: Yes, in this scenario, you will likely incur capital gains tax when you sell the land.

Here's why:

• Gifts are exempt from receiving taxes: When your brother gifted you the land in 2010, you weren't liable to pay any tax on receiving it.
• Tax on sale of gifted property: However, when you sell the property you received as a gift, capital gains tax applies to the profit earned on the sale.

Calculating Long Term Capital Gains (LTCG):

Since your brother purchased the land in 1983 and you sold it in 2024, it qualifies as a long-term capital gain (LTCG) assuming you held the property for more than 2 years.

Here's a simplified formula to estimate the LTCG (consult a tax advisor for the exact calculation):

• LTCG = Sale Price - Indexed Acquisition Cost
• Sale Price: Rs 1,40,00,000 (Given)
• Acquisition Cost: Rs 0 (Gifts typically have an acquisition cost of Rs 0)
• Indexed Acquisition Cost: Acquisition Cost * (Current Year Index / Acquisition Year Index)

Indexation Benefit:

• Indexation helps adjust the acquisition cost for inflation, reducing your tax burden.
• You'll need the official government published ‘Base Year Index’ for 1983 and 2024 to calculate the indexed acquisition cost.

Example (using hypothetical index values):

Let's assume (for calculation purposes only) the base year indices are:

• 1983: 100
• 2024: 630 (This is a hypothetical value, you'll need the actual index for 2024)
• Indexed Acquisition Cost = Rs 0 (Acquisition Cost) * (630 / 100) = Rs 0
• LTCG = Rs 1,40,00,000 (Sale Price) - Rs 0 (Indexed Acquisition Cost) = Rs 1,40,00,000

Tax on LTCG:

LTCG on land is currently taxed at 20% with indexation benefit.

In this example (assuming the above index values), your LTCG tax would be Rs 1,40,00,000 * 20% = Rs 28,00,000

Disclaimer:

This is a simplified explanation for illustration purposes only. Consulting a qualified tax advisor is recommended for accurate tax calculations and to consider any specific aspects of your situation. They can guide you through the intricacies of property tax laws, exemptions, and filing requirements.

Ans: As per budget proposal, there will not be any indexation benefit so gain will be sales minus actual cost. You have to pay tax @12.5%