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Retired couple seeks advice on capital gains tax on commercial real estate sale

Samkit

Samkit Maniar  | Answer  |Ask -

Tax Expert - Answered on Jul 25, 2024

CA Samkit Maniar has eight years of experience in income tax, mergers and acquisitions and estate planning.
He has graduated from Mumbai’s N M College of Commerce and Economics and has completed his CA from The Institute of Chartered Accountants of India."... more
Avion Question by Avion on Jul 16, 2024Hindi
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Hi Samkit, I'm a retired person, 66 years old. Before retirement, I had invested Rs.93.5 lakhs in a commercial real estate in Navi Mumbi in Feb.2017 and registered the property jointly with my wife on 50/50 basis. The value of the property as determined by stamp duty registrar at that time was Rs.73.41 lakhs. The expenses on stamp duty, registration and brokerage was Rs.7.53 lakhs and improvement expenditure of Rs.4 lakhs. So total cost of purchase worked out to Rs.1.09 crores. I sold this property in Feb.2024, exactly after 7 years, for Rs.1.1 crore. Market value (for stamp duty purpose) on this date was Rs.89.89 lakhs. While filing my ITR2 in AY 2024-25, I had split all the above values by 2 and 50% was shown in my ITR2 and the remaining 50% was shown in my wife's ITR2 under CG for showing the capital gain. The system has calculated and shown the capital gain as minus Rs.31.24, i.e. Rs.-15.62 in each of our ITR2. The system has also automatically adjusted my LTCG arising out of other share transactions during the FY. The system allows the remaining loss to be carried forward to next year under CFL. My questions are: (1) Can we both go ahead and finalise & submit the ITR2 as shown above? (2) Can we use the losses carried forward during the next AY to set off our incomes arising out of share market transactions? Thank you so much in advance for your valuable time and advice.

Ans: Yes, seems correct treatment done. You can go ahead with submitting your returns respectively.

Please note that Long term losses can only be set off against long term gains, if that's the case then you can.

Please consult your CA before moving ahead.
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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T S Khurana

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Tax Expert - Answered on Nov 23, 2024

Asked by Anonymous - May 11, 2024Hindi
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Can you please suggest on capital gains as per Indian taxation laws arising in the below two queries : 1) property purchased with joint ownership, me and my wife’s name in 2015 at a cost of 64,80,000, housing improvements done for the cost of 1000000 and brokerages of 200000 paid and sold the same property at 10000000 in Dec 2023? 2) 87% of the proceeds got from the deal i.e 8700000, have been reinvested to pay 25% amount in purchasing another joint ownership property in Dec 2023, 3) I have invested in another under construction property in Nov 2023 by taking housing loan, which is on me and my wife’s name worth 1.4 cr, here the primary applicant is me only while wife is just made a Co applicant in the builder buyer agreement and also on the housing loan . So what are the LTCG tax liabilities arising from the above 3 scenarios for FY 2023-2024 and FY 2024-2025. I intend to sale off the property acquired in (2) by Dec 2024 and use that proceeds to close the housing loan for the property acquired in (3), will this sale of property be inviting any tax liabilities if the complete proceeds received from the sale of the property in (2) would be utilised to close the housing loan taken in Nov 2023 for the property in (3) ? Since in FY 23-24, I would be claiming the LTCG from the sale proceeds of 1) invested in the purchase of property in 2), and I intend to sale off this property in Dec 2024, will the LTCG claim be forfeited on the property sale in (1), should I hold this property at least for further 1 year so that sale of this property in 2) will not invite STCG?
Ans: (A). Let's first talk about F/Y 2023-24 :
You jointly sold a Property during the year for Rs.76.80 lakhs (64.80+10.00+2.00), & sold the same for Rs.100.00 lakhs.
You have jointly also purchased Property No.3 (I suppose it is Residential only), for Rs.140.00 lakhs.
You should avail exemption u/s-54 & file your ITR accordingly. Please disclose all details about sale & purchase in your ITR.
02. Now coming to the F/Y 2024-25 :
You intend to Sell Property No.2, which was acquired in 2023-24. Any Gain on Sale of it would be Short Term capital Gains & taxed accordingly.
Alternatively, you may hold this sale of property no.2 (for 2 years from its purchase) & avoid STCG
You are free to utilize the sale proceeds in a way you like, including paying off your housing Loan.
Please note to avail exemption u/s 54 only from investment in property no.3 & not 2.
Most welcome for any further clarifications. Thanks.

..Read more

Mihir

Mihir Tanna  |1122 Answers  |Ask -

Tax Expert - Answered on Jul 16, 2024

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Hi Mihir, I'm a retired person, 66 years old. Before retirement, I had invested Rs.93.5 lakhs in a commercial real estate in Navi Mumbi in Feb.2017 and registered the property jointly with my wife on 50/50 basis. The value of the property as determined by stamp duty registrar at that time was Rs.73.41 lakhs. The expenses on stamp duty, registration and brokerage was Rs.7.53 lakhs and improvement expenditure of Rs.4 lakhs. So total cost of purchase worked out to Rs.1.09 crores. I sold this property in Feb.2024, exactly after 7 years, for Rs.1.1 crore. Market value (for stamp duty purpose) on this date was Rs.89.89 lakhs. While filing my ITR2 in AY 2024-25, I had split all the above values by 2 and 50% was shown in my ITR2 and the remaining 50% was shown in my wife's ITR2 under CG for showing the capital gain. The system has calculated and shown the capital gain as minus Rs.31.24, i.e. Rs.-15.62 in each of our ITR2. The system has also automatically adjusted my LTCG arising out of other share transactions during the FY. The system allows the remaining loss to be carried forward to next year under CFL. My questions are: (1) Can we both go ahead and finalise & submit the ITR2 as shown above? (2) Can we use the losses carried forward during the next AY to set off our incomes arising out of share market transactions? Thank you so much in advance for your valuable time and advice.
Ans: In the absence of exact dates, i will not be able to check calculation. Please cross check your indexed cost from income tax calculator available at https://incometaxindia.gov.in/Pages/tools/indexed-cost-of-acquisition-or-improvement.aspx.

Also your wife is required to show said transaction if at the time of acquisition of property she contributed.

Further, long term loss under the head capital gain from sale of house property can be set off against long term gain under the head income from capital gain subject to conditions

..Read more

Ramalingam

Ramalingam Kalirajan  |11458 Answers  |Ask -

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

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Hello Sir, I'm a retired person, 66 years old. Before retirement, I had invested Rs.93.5 lakhs in a commercial real estate in Navi Mumbi in Feb.2017 and registered the property jointly with my wife on 50/50 basis. The value of the property as determined by stamp duty registrar at that time was Rs.73.41 lakhs. The expenses on stamp duty, registration and brokerage was Rs.7.53 lakhs and improvement expenditure was Rs.4 lakhs. So total cost of purchase worked out to Rs.1.09 crores. I sold this property in Feb.2024, exactly after 7 years, for Rs.1.1 crore. Market value (for stamp duty purpose) on the date of sale was Rs.89.89 lakhs. While filing my ITR2 in AY 2024-25, I had split all the above values by 2 and 50% was shown in my ITR2 and the remaining 50% was shown in my wife's ITR2 under CG for showing the capital gain. The incometax system has calculated and shown the capital gain as minus Rs.31.24 lakh, i.e. Rs.-15.62 lakh in each of our ITR2. The system has also automatically set-off my LTCG arising out of other share transactions during the FY against this loss. The system allows the remaining loss to be carried forward to next year under CFL. My questions are: (1) Can we both go ahead and finalise & submit the ITR2 as shown above? (2) Can we use the losses carried forward during the next AY to set off our incomes arising out of share market transactions? Thank you so much in advance for your valuable time and advice.
Ans: Understanding Your Capital Gains Scenario
You invested Rs. 93.5 lakhs in a commercial property in 2017. This property was jointly owned with your wife. The total cost, including expenses, was Rs. 1.09 crores. You sold the property in 2024 for Rs. 1.1 crore. This transaction resulted in a loss of Rs. 31.24 lakh, split equally between you and your wife.

Filing ITR2 with Capital Losses
The income tax system calculated a capital loss of Rs. 15.62 lakh for each of you. This loss has been set off against your long-term capital gains from other share transactions. The remaining loss can be carried forward.

Submit ITR2: Yes, you can finalize and submit ITR2 as shown. The system's calculation is correct.
Carry Forward and Set-Off of Capital Losses
The Income Tax Act allows you to carry forward capital losses for eight years. These losses can be set off against future capital gains.

Using Carried Forward Losses: Yes, you can use the carried forward losses to set off against future capital gains from share market transactions. This helps in reducing your taxable income in future years.
Analytical Insights
Loss Set-Off: By setting off the loss against your other gains, you reduce your tax liability for the current year. This is a strategic move.

Carry Forward Benefit: Carrying forward losses provides a cushion for future gains. It helps in managing tax liabilities efficiently.

Key Considerations
Record Keeping: Ensure you maintain all documents related to the sale and purchase of the property. This includes agreements, receipts, and tax filings. These documents are crucial for future reference and any tax scrutiny.

Tax Planning: Consider consulting a Certified Financial Planner for comprehensive tax planning. They can help optimize your investments and tax liabilities.

Future Investment Strategy
Diversification: Diversify your investments to balance risk and return. Consider mutual funds, bonds, and fixed deposits.

Risk Management: Assess the risk of each investment. Balance high-risk investments with safer options to protect your capital.

Final Insights
Managing capital gains and losses is crucial for effective tax planning. You have used the tax provisions wisely by setting off the losses against other gains. Carrying forward the remaining losses will help reduce your future tax liabilities.

By diversifying your investments and consulting with a Certified Financial Planner, you can optimize your financial portfolio for better returns and risk management.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

..Read more

Latest Questions
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Samraat Jadhav  |2600 Answers  |Ask -

Stock Market Expert - Answered on Sep 10, 2026

Ramalingam

Ramalingam Kalirajan  |11458 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Sep 10, 2026

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I wanty to invest approx. 5 lakhs in different mutual funds which will give me average XIRR of 12 to 15%. Please csuggest me name and scheme of MF
Ans: Rs.5 lakh is a good starting amount. However, 12–15% XIRR should be treated as a long-term target, not a guaranteed return.

» Suitable fund categories

For a 5+ year horizon, I would consider a diversified active-fund portfolio such as:

Multi Cap Fund – 30%
Flexi Cap Fund – 25%
Large & Mid Cap Fund – 25%
Mid Cap Fund – 20%

This gives exposure to different company sizes and investment styles.

» If you want a simpler portfolio

You do not need 4–5 funds just because you have Rs.5 lakh.

A 3-fund structure can be sufficient:

Flexi Cap Fund – 40%
Large & Mid Cap Fund – 30%
Multi Cap or Mid Cap Fund – 30%

The actual scheme selection should depend on your time horizon, risk level and existing investments.

» About the 12–15% XIRR target

For equity mutual funds, 12–15% can be a reasonable long-term planning assumption over 7–10+ years.

But no mutual fund can promise this XIRR.

Short-term returns can be negative.
Even good funds can underperform for some periods.
Do not select a fund only because its recent return is 15% or more.
Fund consistency and downside management are equally important.

» How I would invest Rs.5 lakh

If you are comfortable with market fluctuations and the investment horizon is long, you can invest gradually through STP over several months if you are concerned about entering the market at one time.

If the money is needed within 3–5 years, I would not target 12–15% by taking aggressive equity risk.

» Final Insights

As an Investment professional and AMFI-Registered MFD, I would first assess your existing MF holdings before adding new schemes. This avoids unnecessary duplication and overlap.

If you share your age, investment period, whether Rs.5 lakh is lump sum or SIP, and your existing MF holdings, I can suggest a more suitable asset allocation and fund-category combination.

Best Regards,

K. Ramalingam, MBA, CFP,

AMFI-Registered MFD – ARN 4188

www.holisticinvestment.in

https://www.linkedin.com/in/ramalingamcfp/

...Read more

Ramalingam

Ramalingam Kalirajan  |11458 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Sep 10, 2026

Asked by Anonymous - Sep 10, 2026
Money
I have 15 lacs to Lumsum investment for my daughters higher education.I want to invest in STP in 3 funds .One hybrid Fund which has 15l value and from that STP to two fund Any multicap or Large and Midcap Fund .Please suggest ? Any other Idea will also appriciate.Thanks
Ans: Your approach of using STP for your daughters higher education goal is a good way to move a lump sum into equity gradually. The main point is to match the asset allocation with the time left for the education goal.

» Suggested structure

Keep the Rs.15 lakh initially in a suitable hybrid fund.
Use STP from the hybrid fund into two diversified equity categories.
A combination of Multi Cap and Large & Mid Cap can work well.
You need not use too many funds. Three funds are enough for this goal.

For example:

Hybrid Fund – Rs.15 lakh initially
Multi Cap Fund – STP destination
Large & Mid Cap Fund – STP destination

» How to use STP

I would prefer a systematic STP over a very short period.

If the education goal is more than 5 years away, equity allocation can be meaningful.
The Rs.15 lakh can be shifted gradually over around 12 months.
You can divide the STP between the two equity categories.
Avoid changing funds frequently based on short-term market movements.

STP is mainly useful for managing entry risk. It does not remove market risk.

» Do not ignore the education timeline

This is the most important part.

If higher education is:

More than 10 years away – higher equity allocation can be considered.
Around 5–10 years away – balanced equity and hybrid allocation may be better.
Less than 5 years away – avoid taking high equity risk with the entire corpus.

As the education date comes closer, gradually move the required amount towards safer investments. This protects the money already created.

» Multi Cap vs Large & Mid Cap

Both categories can complement each other.

Multi Cap gives exposure across large, mid and small companies.
Large & Mid Cap gives a relatively stronger focus on large and mid-sized companies.
Combining both can create some overlap, so the portfolio should be reviewed periodically.

I would not select funds only based on the latest 1-year or 3-year returns. Fund quality, portfolio consistency, risk management and long-term performance matter more.

» One alternative idea

Instead of keeping the complete Rs.15 lakh in one hybrid fund, you can also consider a two-stage approach.

Keep the amount in a suitable hybrid/debt-oriented allocation initially.
Start STP into diversified equity funds.
Once the required equity allocation is reached, stop the STP.
Continue monitoring the overall portfolio rather than continuously adding new funds.

This keeps the portfolio simple and easier to manage.

» 360-degree education planning

The Rs.15 lakh should not be viewed separately.

Also consider:

Current age of your daughter.
Expected year of higher education.
India or overseas education.
Present education cost and future cost.
Other investments already available for this goal.
Your monthly SIP capacity.
Emergency fund and adequate insurance.
A separate safe corpus as the education date gets closer.

If the goal is 8–12 years away, this Rs.15 lakh can become a strong foundation. Regular SIPs along with it can make the education corpus much stronger.

» Final Insights

Your basic STP idea is sensible. I would prefer a simple 3-fund structure rather than holding many schemes.

The exact equity allocation and STP period should depend mainly on your daughters age and when the higher education money will actually be required.

As an AMFI-Registered MFD, I would also suggest reviewing this goal at least once a year and reducing equity exposure as the goal approaches.

Best Regards,

K. Ramalingam, MBA, CFP,

AMFI-Registered MFD – ARN 4188

www.holisticinvestment.in

https://www.linkedin.com/in/ramalingamcfp/

...Read more

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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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