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Can I avoid paying tax when selling my flat and plot to build a house?

T S Khurana

T S Khurana   |244 Answers  |Ask -

Tax Expert - Answered on Dec 02, 2024

A certified management accountant since 1993, T S Khurana is a fellow member of The Institute of Cost Accountants of India. His areas of expertise are income tax, specifically litigation cases, and GST.

Since the last 21 years, he has also been providing expert advice on financial matters, including investments and diversification of funds, and wealth building in the long term to his clients.
He believes that investment in real estate is the safest way for better returns and wealth generation over a period of time.

A former chairman of the Chandigarh Chapter of Institute of Cost Accountants of India, T S Khurana has also served as member of its technical committee.... more
Shivani Question by Shivani on Dec 01, 2024Hindi
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If i sell my flat and my residential plot to construct a house then do I have to pay tax on any of them?

Ans: You may sell your Flat 7 and residential plot & construct a new house. You would be eligible for exemption u/s 54 for the amount of either of the following :
(a). LTCG on Sale of Properties or
(b). Amount spent on construction of house.
Besides time line is very important. Construction of house should be complete with in a period of 3 years from the sale of properties.
Most welcome for any further clarifications. Thanks.
Asked on - Dec 02, 2024 | Answered on Dec 03, 2024
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SO, if i sell the house and plot build a house within 3 years of selling then I can get tax benefits on selling of both the plot as well as the flat? I am utilising the entire money which i got from selling the plot and the flat in construction of my new house
Ans: Yes. You would be entitled for exemption. Kindly watch timeline.
Most welcome for any further clarifications. Thanks.
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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Ramalingam

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I purchased a flat for 43 lakhs in 2011. I obtained a loan of 26 lakhs for the same. If I sell the flat now, I would likely receive around 1.2 crores. The flat is jointly owned by my wife and me (I fall above the 30% tax bracket, and my wife is not employed). I plan to invest the entire proceeds in constructing a new house on a residential plot that is in my wife's name. Will I still need to pay taxes, and if so, how would the calculation be?
Ans: You plan to invest the entire sale proceeds in constructing a new house on your wife’s plot. Under Section 54 of the Income Tax Act, you can claim an exemption on the capital gains if you reinvest the amount in a new residential property within a specified period. Since the new house is in your wife’s name, ensure that the reinvestment meets the criteria of Section 54 to claim the exemption.
If the full capital gain is reinvested, you can claim exemption and avoid paying tax on the LTCG. However, any unutilized portion of the gain will be taxed.

Important Points to Consider
Joint Ownership and Tax Exemption:
Since the flat is jointly owned, each of you must reinvest your respective share of the capital gain to claim the exemption. As the new property is in your wife's name, you might still be eligible for the exemption if the entire capital gain amount is utilized.

Consult a Certified Financial Planner:
Given the complexities and the involvement of joint ownership and different tax brackets, it's advisable to consult a Certified Financial Planner (CFP) to ensure that the transaction is structured correctly to minimize or eliminate tax liability.

Best Regards,

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www.holisticinvestment.in

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Janak

Janak Patel  |8 Answers  |Ask -

MF, PF Expert - Answered on Dec 04, 2024

Asked by Anonymous - Nov 30, 2024Hindi
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Hi, i am 52years old, wanted to retire early, following are my investments, MF - INR 65L, Equity - INR 22L, 3 houses, one is self-occupied, other 2 houses valued at INR 90 L and INR 32L respectively, i have home loan outstanding of INR 12L, FD of INR 36L , PF INR 32L, monthly expenses requirement is INR 1 L, kindly help me to plan my early retirement. Thank you in advance for your reply on my question.
Ans: Hi,

As there are many things to consider for an early retirement, one of the first is to start thinking about it in a more realistic manner. An early retirement is not necessarily stop working life, but think of it as a more comfortable schedule that provides you opportunities to relax and pursue your passion and interests and live life on your own terms. You may or may not undertake an activity which can be monetized, meaning which provides you some sort of income - not necessarily to cover your living expenses in whole/part. So do give it some thought of how you intend to keep yourself occupied once you retire from your "current schedule". Will you generate any source of income or will you incur/require more expense.

At current age of 52, an early retirement even if we consider at 55 years of age, it a still a long life ahead. I will make a lot of assumptions in my response as these are not known from your query - such as life expectancy of another 30 years, average return of 8% on all investments for future etc. Are the 2 real estate properties earning any kind of rent that can be considered as income.
There are too many variables that go into the calculations for retirement which are specific to each individual and their circle of life.

Generic solution - You have a currently accumulated investments valued at INR 2.65 Cr (all investments less loan).

Current monthly expenses is INR 1 Lac, over which inflation needs to be applied each year (depends on lifestyle and composition of items of expenses).

So if your cumulative investments appreciate at average 8% annually, and your monthly expense increases at 6% annual inflation, your current accumulated investments are just about enough to manage expenses for next 30yrs (excluding tax implications - refer below).

Points to consider -
1. Inflation in real world is more than 6% (depends on the individual)
2. Liquidation of investments e.g. Real estate attract expenses/fees and tax on capital gains as it will be lumpsum
3. PF post retirement will earn interest only for 3 years, so you need to plan to re-invest the amount
4. Interest income on FD attracts tax at slab rate
5. Withdrawal of amount for monthly expense from your investments will attract tax on capital gains (MF and Equity)

I strongly recommend you connect with a Certified Financial Planner for personalized guidance and prepare a plan that will take into consideration your risk profile and overall investment management towards the retirement. Benefits will include a more tax efficient plan which will consider your requirements and ensure retirement goals are achieved and if there is a shortfall - what alternatives you need to consider.

Hope this is helpful and all the best for the future.

Regards
Janak Patel
Certified Financial Planner.

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Dr Nagarajan J S K   |174 Answers  |Ask -

Health Science and Pharmaceutical Careers Expert - Answered on Dec 04, 2024

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Sir I am preparing for mbbs, but I'm not able to crack that. I'm a middle class student. Can I pursue mbbs in abroad under 8 lakhs in a best college for mbbs?After that can I able to be a doctor in India?
Ans: Hi Lagna,

It seems you haven’t provided the details clearly on this platform. If you could share more information, I’m sure you will receive helpful input.

Based on your message, I understand that you are considering pursuing a career in medicine. If you intend to enroll in a medical program either in India or abroad and plan to practice in India after completion, here are some important guidelines according to the National Medical Commission (NMC):

You must appear for the NEET exam, as it is a mandatory requirement for anyone wishing to pursue graduate medical education in India or elsewhere while intending to return and practice in India. According to the NMC eligibility criteria: “No student shall be eligible to pursue graduate medical education either in India or elsewhere (if they want to return and practice in India), except by scoring the minimum eligible score at the NEET UG exam. The UGMEB will announce the list of eligible students periodically.”

Therefore, I recommend preparing for the NEET exam and trying to secure admission in India itself. If you choose to pursue medical education abroad, you can still practice in India, but you will need to pass exit exams as well.

Regarding your question about pursuing MBBS abroad for under 8 lakhs, are you asking if this is per year or for the entire course? Studying abroad at that cost per year is possible. However, when you take into account the total expenses, which include course fees, accommodation, food, travel, visa, and other costs, it might be more feasible to complete your MBBS in India.

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Patrick Dsouza  |879 Answers  |Ask -

CAT, XAT, CMAT, CET Expert - Answered on Dec 04, 2024

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Hi Sir, I am 41 years old. I've 15 years of experience in Finance (FP&A) domain. In last 2.5 years I have changed 3 companies due to lay off, Cultural misfit and latest one due to Personal and family issue. I quit my last job in Sept'24 (from Apr;24 to Sept'24). Due to some family issues, Lay offs, Challenges faced on the job I am feeling very low. I don't have any confidence left as a result don't want to return to work out of fear and anxiety. However, I also want to upskill myself and thinking of pursuing US CMA. But I am in dilemna that with around 15 years of work experience would it open any gates for growth opportunities going forward. Another dilemna that I am constantly fighting is to whether think of making a switch from Finance domain to Learning & Development domain. I have good communication & interpersonal skills and have always had a liking towards L&D domain. Now myself on a Career break I am not sure how to proceed further - Whether to pursue my Career in Finance and look for jobs in Finance domain and then gradually look to switch to L&D domain or Look for the opportunities only in L&D domain. I have an emergency fund that can take care of my expenses for next 6-8 months. Looking forward to your guidance that can help me bounce back in my career as I am feeling lost, depressed and Lack of Confidence at present in life. Thanks.
Ans: Learning is a continuous process. So doing a course in Finance should not be a problem. As far as getting into LnD domain, start with being a faculty in one of the colleges or can start with taking private tuitions. See if it suits you. If it does, then you can decide to make the switch.

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