I am about to sell my flat that i owned for 23 years, which I bought for 5 lakhs and selling now for 30 lakhs. I also co-own a second house with my wife. What would be the Capital Gains Tax I am liable to pay 1) under normal circumstances and 2) under indexation scheme. Thank you.

Ans: Hi Alok
Buying a plot is not considered as reinvestment and eligibility is on buying or constructing a residential house.

In this case if you construct a house on the plot then you could map the capital gains from the sale of the ancestral house against the cost of construction of the house on the plot.

Also, as you have sold the house in March 2023, you would need to open a Capital Gain Accounts Scheme (CGAS) account with any nationalized bank on or before the due date for filing your tax return. The deposit of the capital gain amount in the CGAS account would be treated as reinvestment for the moment.

You need to note that this CGAS account amount has to be utilized for construction within 3 years from the date of sale of the ancestral house.

In case you are not depositing the amount in CGAS account or reinvesting in any eligible assets before filing tax return (of course before due date) then you would need to pay tax on the capital gain portion

Ans: Capital gain amount is derived by deducting indexed cost from sale consideration.

Assuming residential property is acquired in FY 2012-13 in 40 lacs, indexed cost will be Rs.69,60,000 and accordingly there will capital loss.

You can calculate the indexed cost from the income tax calculator https://incometaxindia.gov.in/Pages/tools/indexed-cost-of-acquisition-or-improvement.aspx

Ans: Assuming that the property was purchased during FY 2010-11, the indexed cost of acquisition works out to Rs.4305136. So Long Term Capital Gain shall be 1094863. This can be divided between you and son equally and after adding to other income, tax shall be calculated at 20% for your son. For you if no other income then amount remaining after basic exemption limit shall be taxable at 20%