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Mihir Tanna  |582 Answers  |Ask -

Tax Expert - Answered on May 29, 2023

Asked by Anonymous - May 29, 2023

Sir, I am senior citizen having interest income of less than 3 lakh per year. This financial year I have received short term capital gain 12 lakh (house property sold and shared between brothers) whether I can gift part of my income to my wife to save on income tax. Please advise how to save on income tax.

Ans: Amount given to spouse is not an income in the hands of spouse (wife). However, income received from said amount will be clubbed in the hands of husband (gift giver) as per clubbing provisions of income tax.
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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Mahesh Padmanabhan  |120 Answers  |Ask -

Tax Expert - Answered on Feb 04, 2023

Hello Sunil ji, I am kedar & age 61, asking a question regarding the taxation on the amount of inheritance to my wife. After death my father in law (sasur ji) few years back, My mother in law (my sasu ma) had taken a decision regarding the agricultural land in their small town, which was purchased by the grandfather of my wife (father of my father in law) is develped and made it in the NA plots as per town planning scheme. these plots are now ready to sale. My sasu ma want to disribute the amont sold of these real estate plots., to her three married daughters including my wife. sir, here please guid us, regarding the amount recieved to my wife through her mother's house, is liable for any tax like capital gain or it will be treated as gift tax free amonut from mother's house as a stri-dhan (स्त्री-धन) and treated a tax free inheritance amont from her parants. kindly guide. thanks.
Ans: Hi Kedarji
Based on your question, apparently on property records, your mother-in-law is the owner of the land. I do not wish to get into the legal heirship aspect of the land post your father-in-law's demise and hence i would restrict my answer within the perspective of your query.

As your MIL is the legal owner and she is the person selling the land, she will be the person liable to tax for the capital gain arising on sale of the NA land.

The distribution of the net sale proceeds to the 3 daughters could be treated as gift backed up with the relevant paper work such as executing the gift deed etc., to ensure that there is no further taxability to the 3 daughters

Hardik Parikh  |106 Answers  |Ask -

Tax, Mutual Fund Expert - Answered on Apr 05, 2023

sir,I booked a flat on 14.6.2010 ( tentative cost Rs48.45 lakh)on self funding basis,based on stages of construction. Allottmeng letter issue by builder on 21.7.2010. possesson given 25.06.2013 against December 2013 with final cost of Rs.55 lakh app. excl.shifting chges. Flat was sold in March 2023 for Rs 122 lakh,excl brokerage,society dues,misc dues,TDS etc etc. I & my spouse both are now senior citizens. please advise the capital gain tax payable and how to reduce the same.this property is joint one with my spouse.shall appreciate ur early response...rgds....pramod KS.
Ans: Dear Pramod KS,

Thank you for asking about the capital gains tax for your flat's sale. I'll try to simplify the explanation and give you an idea of the tax and how to reduce it. Keep in mind that the accuracy of the answer depends on the details you've provided.

You sold the flat for Rs 122 lakh in March 2023. You made staggered payments for it, totaling Rs 55 lakh, from 14/06/2010 to 25/06/2013. To find the capital gains, we need to adjust the purchase cost for inflation using the Cost Inflation Index (CII) for each payment year.

Since the payments were made over multiple years, we must adjust the purchase cost for each payment separately. For simplicity, let's assume you made equal payments of Rs 18,33,333 each in 2010, 2011, and 2013. The CII for 2010-11 is 167, for 2011-12 is 184, and for 2012-13 is 200. The CII for the year you sold the flat (2022-23) is 331.

We'll adjust each payment's purchase cost like this:
Adjusted Purchase Cost = (Payment * CII for the year of sale) / CII for the year of payment

For the 2010 payment:
Adjusted Purchase Cost = (18,33,333 * 331) / 167 = 36,19,278 (approximately)

For the 2011 payment:
Adjusted Purchase Cost = (18,33,333 * 331) / 184 = 32,94,804 (approximately)

For the 2013 payment:
Adjusted Purchase Cost = (18,33,333 * 331) / 200 = 30,18,000 (approximately)

Now, add up the adjusted purchase costs:
Total Adjusted Purchase Cost = 36,19,278 + 32,94,804 + 30,18,000 = 99,32,082 (approximately)

Now we can find the capital gain:
Capital Gain = Sale Price - Total Adjusted Purchase Cost
Capital Gain = 1,22,00,000 - 99,32,082 = 22,67,918 (approximately)

Since you owned the property for more than 36 months, this is a Long-Term Capital Gain (LTCG). The tax rate is 20% after considering inflation.

Capital Gain Tax Payable = 20% of Capital Gain
Capital Gain Tax Payable = 0.20 * 22,67,918 = 4,53,584 (approximately)

You and your spouse jointly own the property, so each of you will pay tax on your share of the capital gain, approximately Rs 2,26,792 each.

To reduce the capital gains tax, consider these options:

Invest the capital gain in special bonds under Section 54EC of the Income Tax Act. These have a 5-year lock-in period and must be invested within 6 months after selling the property.
If neither you nor your spouse owns more than one residential property at the time of the sale, you can use the capital gains to buy or build a new house within specific time limits under Section 54 of the Income Tax Act. You must buy the new property within 2 years or build it within 3 years from the sale date.
Remember that these options have certain rules and limits. It's a good idea to talk to a tax professional to discuss your specific situation, calculate the exact adjusted purchase costs and capital gains, and follow the correct rules. I hope this information helps.

If you need assistance with the exact calculations based on the specific payment amounts and dates, a tax professional can guide you through that process. They can also help you understand the various exemptions and investment options available to minimize your tax liability further.

I hope this information has been helpful in clarifying the capital gains tax and potential ways to reduce it.

Best regards,
Hardik Parikh
Latest Questions

Sushil Sukhwani  |107 Answers  |Ask -

Study Abroad Expert - Answered on Oct 03, 2023

Asked by Anonymous - Oct 03, 2023
I am doing WILP M.Sc IT first year BITS It is a course of 2.5 years in BITS. Can i join for 2nd year in abroad universities
Ans: Hello,

First and foremost, thank you for getting in touch with us. I am happy to hear about your plans on deciding to pursue the 2nd year of your WILP M.Sc IT BITS Pilani program at a university overseas. As an answer to your query, I would like to inform you that a number of factors including overseas universities’ guidelines as well as your BITS Pilani program’s acknowledgement play a vital role in deciding whether or not you are eligible to pursue the second year of the program at a university abroad. Please take the following factors into account:

1. Consider the program’s acknowledgement and accreditation: Accreditation or getting certified guarantees a student that his/her degree is legitimate and recognized by universities across the globe. As the first step in the process, I would suggest that you make sure that the pertinent academic institutions in India as well as overseas, both recognize as well as accept the WILP M.Sc. IT program at BITS Pilani.

2. Get to know the Transfer Guidelines: Transfer students are generally accepted by certain universities. Nevertheless, they possess unique prerequisites and constraints, and thus, in my opinion, it’s best to consult your preferred universities overseas in order to understand their guidelines with respect to the credit transfer from other schools/universities.

3. Familiarize Yourself with prerequisites for Admission: For transfer students, varying prerequisites for admission may be set forth by varying universities. I suggest that you get to know and adhere to not only their education criteria but also their prerequisites for language competency.

4. Ensure a coherence between the course curriculum: You will need to make sure that there is a coherence between the course of study that was completed by you at BITS Pilani and the program of study at the international university. Remember that in order to fill in any gaps, you may be needed to appear for other extra courses.

5. Plan your Finances: Pursuing studies overseas can be a costly affair, and for this reason, you will need to ensure that you have sufficient funds to pay for your living costs, tuition fees, as well as other miscellaneous expenditures.

6. Get in touch with education counselors: To better comprehend the consequences and the steps involved in the process of transferring to a foreign university, I highly recommend that you get in touch with education counselors at BITS Pilani as they will be in a better position to offer specialized advice based on your circumstances.

7. Get to know the Application Deadlines: You should get to know the last date to apply to your preferred universities overseas. For that, I recommend that you start planning well in advance and send in your application as per schedule.

8. Follow Visa and Immigration Prerequisites: There are visa and immigration prerequisites associated with studying overseas that you will be required to look in. To be able to study in your preferred country, I suggest that you adhere to the visa requirements in order to acquire the appropriate authorization.

I would like to inform you that transferring to an overseas university to pursue the second year of your studies is indeed possible. Nevertheless, you will need to take into account all the aforementioned aspects and plan meticulously. To see if you qualify and to understand the likelihood of transfer, I recommend that you conduct an extensive study and directly get in touch with each university as each may have unique prerequisites and guidelines.

For more information, you can visit our website.

Kanchan Rai  |59 Answers  |Ask -

Relationships Expert, Mind Coach - Answered on Oct 03, 2023

Asked by Anonymous - Oct 02, 2023
I'm 27 year old female eldest in family, I was brought up by my grandparents and parents who always told me I need to be good at studies get a job earn well. I did whatever was asked I taught myself to be 'good girl'. But my siblings rebelled and they don't do anything listen to elders and still get away with everything, but they get treated the same way, they get same affection, all their demands are met, while I was their age I was made to earn whatever I wished for and even constantly told no. Now my whole life feels pointless, since all the principles I was taught made my life miserable and I feel like loser. I am not able to appreciate life. Nothing makes me happy, I don't feel like doing anything, whatever I do feels like a chore that I am doing for others. I just wish I die so that I don't have to keep living like this.
Ans: Dear Anonymous,
I'm really sorry to hear that you're feeling this way, but it's important to remember that you're not alone in experiencing these feelings. Many people go through similar struggles, and it can be helpful to talk about your emotions and seek support. Here are some steps you can consider:

Talk to a Therapist or Counselor: Speaking to a mental health professional can be incredibly beneficial. They can help you explore your feelings, provide guidance on coping strategies, and assist you in finding a sense of purpose and happiness.
Express Your Feelings: Don't keep your feelings bottled up. Share your concerns and frustrations with trusted friends or family members who may be understanding and supportive.
Self-Reflection: Take some time to reflect on your own desires and what truly makes you happy. It's essential to prioritize your own needs and goals, rather than solely conforming to the expectations of others.
Set Realistic Expectations: Understand that everyone's path in life is different. Comparing yourself to your siblings or anyone else can lead to unnecessary stress and unhappiness. Focus on your own journey.
Seek New Experiences: Sometimes trying new things and stepping outside your comfort zone can help you discover what brings you joy and fulfillment. This could involve pursuing new hobbies, interests, or career opportunities.
Practice Self-Care: Make self-care a priority. Engage in activities that bring you peace and relaxation, such as meditation, exercise, or spending time in nature.
Find Your Passion: Discover what truly excites you and gives you a sense of purpose. It might involve exploring different career paths or pursuing further education in a field you're passionate about.
Set Small Goals: Break down your long-term goals into smaller, manageable steps. Achieving these smaller milestones can give you a sense of accomplishment and motivation.
Challenge Negative Thoughts: Challenge and reframe negative thoughts. Cognitive-behavioral techniques can help you change your perspective on life and your own worth.
Seek Support Groups: Consider joining support groups or communities where you can connect with others who may be going through similar experiences. Sharing your journey with others can be empowering.
Remember that it's okay to seek help and take the time you need to find your path to happiness. Your life is not defined solely by the expectations placed on you in the past, and you have the power to shape your own future.
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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