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Selling Old House: Tax Implications and Expense Claims

Milind

Milind Vadjikar  |632 Answers  |Ask -

Insurance, Stocks, MF, PF Expert - Answered on Nov 16, 2024

Milind Vadjikar is an independent MF distributor registered with Association of Mutual Funds in India (AMFI) and a retirement financial planning advisor registered with Pension Fund Regulatory and Development Authority (PFRDA).
He has a mechanical engineering degree from Government Engineering College, Sambhajinagar, and an MBA in international business from the Symbiosis Institute of Business Management, Pune.
With over 16 years of experience in stock investments, and over six year experience in investment guidance and support, he believes that balanced asset allocation and goal-focused disciplined investing is the key to achieving investor goals.... more
Asked by Anonymous - Nov 10, 2024Hindi
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I am selling an old house. As per new tax regime LTCG is 12.5% plus so many surcharges. The cost as per valuer is 15 lakhs in 2001. The sale price is 4.0 CR. Two questions : Q 1) Can I claim the renovation on the old house ? How much and how many times ? What is the documentation required as the renovation was done in 2005 and 2015 for 6-8 lakhs each. But no bills are available now. 2) what are the other expenses which can be claimed for eg Brokerage fees, Consultation from Advocate fees , travel and hotel expenses for my family for doing the sale registration ? Is there a limit ? Any thing else that can be claimed ? Kindly let me know your advice.

Ans: Hello;

Since your house is old, you have two options:

1. Sell without indexation and pay 12.5% LTCG tax.

2. Sell with indexation and pay 20% LTCG tax.

In both cases you are allowed to deduct renovation and transfer expenses.

You need to consult a CA to know exactly what is allowed and what is not allowed as per ITax Act.

Also if you get any queries from IT Deptt., later on, you can rely on the written advice and consultancy provided by a practising CA.

Best wishes;
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

Ramalingam Kalirajan  |7029 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on May 01, 2024

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Sir, I am intending to sell our FLAT at Hyderabad, which was purchased in the year 2014 for Rs.24,00,000/-, now the present market rate is Rs. 65 lakhs (approximately). If I sell the Flat for 65 lakhs, how much tax(LTCG) I have to pay or is there any exemption under IT Act as I am not interested in purchase of another house, instead, I am proposing to purchase Agricultural land with the sale proceeds of my Flat. Anxiously awaiting for your valuable advice in this regard, Thanking You Sir, Yours faithfully, G.Sriramulu, Retired employee, HYDERABAD.
Ans: Based on the information you've provided, you'll likely incur Long-Term Capital Gains (LTCG) tax if you sell your flat in Hyderabad. Here's a breakdown:

Scenario:

Flat purchased in 2014 for Rs. 24,00,000
Expected sale value in 2024: Rs. 65,00,000
Holding period: Over 24 months (Long-Term Capital Gains)
No reinvestment in another residential property
Tax Calculation:

Capital Gain: Rs. 65,00,000 (Sale value) - Rs. 24,00,000 (Purchase value) = Rs. 41,00,000
Indexation benefit: However, you'll likely benefit from indexation, which adjusts the purchase price for inflation, reducing your taxable gains. You can calculate the indexed cost using the Cost Inflation Index (CII) provided by the Income Tax Department for the relevant years.

LTCG Tax Rate: After considering indexation, the remaining capital gain will be taxed at 20%.

Important Note: I cannot provide the exact tax amount due to the complexity of indexation calculations.

Exemption Not Applicable:

Unfortunately, purchasing agricultural land doesn't qualify for exemption under Section 54 of the Income Tax Act, which offers exemption on LTCG from the sale of residential property if the gains are reinvested in a new residential property.

Recommendations:

Consult a Chartered Accountant (CA): A CA can help you calculate the exact LTCG tax liability after considering indexation and other relevant factors. They can also advise on any potential tax-saving strategies that might be applicable in your case.
Explore LTCG Investment Options: While you're not interested in buying another house, consider exploring other options to potentially save on LTCG tax. These include:
Capital Gains Bonds: Investing in specific long-term capital gains bonds issued by the National Housing Bank (NHB) or other government bodies can help you save tax under Section 54EC.
New Residential Property: If you're open to the idea of a new property in the future, remember the exemption under Section 54 applies.
Remember: This is just general information, and it's crucial to consult a professional for personalized tax advice based on your specific situation

..Read more

Latest Questions
Milind

Milind Vadjikar  |632 Answers  |Ask -

Insurance, Stocks, MF, PF Expert - Answered on Nov 16, 2024

Asked by Anonymous - Nov 12, 2024Hindi
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I am 40 year old with 1.5 lac salary and 1 crore in FD. Have a 8 year old son. Currently I don't have any EMI but I wish to buy new house of 2 crore with appx loan of 1 cr and remaining 1 cr by selling current house. Also I invest 60k in mutual funds. What can I do if I wish to retire at 45 years and still be able to pay emi using swp and FD income.
Ans: Hello;

General Comments:
People nowadays get carried away by FIRE(Financial independence retire early) fads on social media and go by thumb rules provided on SM for retirement corpus calculation.

Please consult a certified financial planner or a retirement advisor who can guide you on these matters professionally.

Specific comments:
Do your math. If you retire at 45 you have 35 years in retirement considering life expectancy of 80. What corpus would you need to fund:

1. Your inflation indexed retirement income
2. Impact on retirement income due to home loan EMI.
3. Separate provision for higher education of son

If doing 3% SWP can meet your monthly income requirements post-tax it is okay but If you are increasing SWP rate beyond 3% you run the risk of eating into your corpus during periods of flat or negative returns by your fund.

Also pure equity funds for SWP in retirement are a strict NO.

Only hybrid mutual funds such as equity savings or conservative hybrid funds may be suitable with moderate risk.

If your regular expenses are 50 K today they will be 90 K in 10 years, 1.6 L in 20 years time considering modest 6% inflation.

Your 60 K monthly sip if continued for 5 years may yield you a corpus of 50 L assuming modest return of 12% from pure equity mutual funds which could be earmarked for higher education of your son.

Do you have any EPF/NPS corpus?

Please confirm.

Thanks;

...Read more

Ramalingam

Ramalingam Kalirajan  |7029 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Nov 16, 2024

Asked by Anonymous - Nov 15, 2024Hindi
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Sir, I had purchased kotak premier endowment plan in 2020. SI is 2.82 lakhs and annual premium is 32k. Premium payment term is 10 yrs and maturity term is 17 yrs. After having paid premium for 4 years, i am thinking to surrender the policy as it doesn't convince me anymore with its benefits. However, after paying Rs. 1.28 lakh premium over 4 years, surrender value is coming to Rs. 82k only. Should i continue with this policy or surrender and invest the amount anywhere else. Pls advise. Thanks
Ans: You purchased the Kotak Premier Endowment Plan in 2020. This plan combines insurance with savings. The sum assured is Rs. 2.82 lakhs, and the annual premium is Rs. 32,000.

You’ve already paid Rs. 1.28 lakhs over four years. The premium payment term is 10 years, and the maturity term is 17 years. The surrender value is currently Rs. 82,000, meaning a loss of Rs. 46,000.

Now, you are contemplating whether to continue with this plan or surrender and invest elsewhere.

Evaluating Endowment Plans
Endowment plans typically offer low returns compared to other investment options.
Most endowment plans have a return rate of 4-6%.
The main benefit is insurance coverage, which is often inadequate.
By continuing with this plan, your money may not grow significantly. It also locks your funds for a long period.

Advantages of Surrendering
By surrendering, you free up Rs. 82,000.
You stop further premium payments, avoiding additional allocation to a low-return product.
You can reallocate the funds to better-performing investment options.
Drawbacks of Surrendering
You lose Rs. 46,000 from the premiums paid so far.
Early surrender often results in reduced returns.
The plan’s long-term guaranteed returns will no longer apply.
Alternative Investments
If you surrender, the next step is reinvesting wisely.

Equity Mutual Funds: Offers long-term wealth creation. These funds outperform endowment plans in the long run.
Small-Cap Funds: For higher risk appetite, this can provide superior returns.
Debt Mutual Funds: Suitable for lower risk tolerance. Ideal for stable and predictable returns.
PPF (Public Provident Fund): A safe and tax-efficient option for long-term goals.
Benefits of Actively Managed Mutual Funds
Active funds often outperform benchmarks.
Professional fund managers actively monitor market opportunities.
You benefit from diversification and risk management.
Avoid direct funds unless you’re a seasoned investor. A Certified Financial Planner (CFP) or mutual fund distributor ensures better guidance.

Why Insurance Should Be Separate
Insurance-cum-investment plans like endowment are not ideal.
Term insurance offers high coverage at low costs.
Use the money saved from premiums for pure investments.
Tax Implications
Surrendering may have tax implications. Check if your premiums qualified for Section 80C.
New gains from investments may attract taxation. For equity mutual funds, LTCG above Rs. 1.25 lakh is taxed at 12.5%.
360-Degree Financial Assessment
Financial Goals: Align investments with your goals (e.g., retirement, children’s education).
Risk Appetite: Choose investments matching your comfort level with risk.
Emergency Fund: Maintain liquid funds to handle financial emergencies.
Debt Management: Clear high-interest liabilities before investing.
Portfolio Review: Balance investments between equity, debt, and fixed income.
Final Insights
The decision depends on your long-term goals. Surrendering is better if the plan does not align with your financial strategy. Reallocate wisely to maximize returns. Consult a Certified Financial Planner for personalized advice.

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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