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Tejas Chokshi  |126 Answers  |Ask -

Tax Expert - Answered on Jul 05, 2023

CA Tejas Chokshi has over 20 years of experience in financial planning, income tax planning, strategic and risk advisory, banking and financial products and accounting and auditing.
He is an information system auditor, a forensic auditor and concurrent bank auditor.
Chokshi, who has a master’s degree in management, audit and accounting from Gujarat University, has completed his CA from the Institute of Chartered Accountants of India.... more
Asked by Anonymous - Jul 02, 2023Hindi

Sir, This is about my share of money I have received after selling immovable property (house along with land) after my mothers death in 2022 along with brothers and sisters. The property history is of my late grand mother received this property from her mother and after my grand mothers death it had come to my mothers name. After my mothers death we her sons and daughters registered our name in property in 2023.We sold this property immediately and shared the amount within bros & sisters. Now, please tell me whether this share amount is considered as long term capital gain or short term capital gain.

Ans: There are two events, which are important
1. The event of property registration in your name from the previous buyer - this is an event of transfer and naturally capital gain txn. Since you and your sibliings are the owners of the property now, the tax liability has to be discharged in your sharing proportion.

2. The sale by you all is an event of short-term capital gain again, only if the tax liability is discharged as above, else it would be considered as long - term capital gain.
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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Mihir Tanna  |883 Answers  |Ask -

Tax Expert - Answered on Nov 17, 2022

I am a senior citizen retired pensioner. I had intention to sell my both properties located in one town and to invest in one property in another town where I wanted to settle in my retired life. I wanted that the sale proceeds of my two properties should be almost same as the purchase value of a single property in another town to settle there. I had bought a property in 2015 at Rs 40 lakh in my single name and sold in Feb 2022 at Rs 52 lakh. The buyer deducted 1% TDS and filled in form 26QB and I got form 16(B) from buyer and details of TDS are seen reflected in my Form-26AS. Thereafter, my 2nd property that I had bought @Rs 7.3 lakh 20 years back, was attempted to dispose, but did not materialise till now.  Anyway, I bought a 5-yr-old jointly owned property from a couple at Rs 80 lakh in June 2022 and deducted 1% TDS (@0.5% from each owner), filled in Form 26QB and provided form 16(B) to the sellers.  So, I invested the sale proceeds of my 1st house 'within a year' of its disposal, in buying a house from Long Term Capital Gain point of view. My IT Return for AY 2022-23 was filed in July 2022 and it got approved. The 1% TDS deducted by buyer on my 1st property sale got refunded/ adjusted.  I am still trying to sell my 2nd property 'within one year' of buying the June, 2022 property. I want to do this to take benefit of Long Term Capital Gain Tax. I want to know whether I am going to get the IT benefit by selling my 2nd property 'within one year' of purchase of my June 2022 property ? I am more eager to know how sale of 1st property in financial year 2021-22 (Feb.'22), purchase of a property in FY 2022-23 (June'22) and again sale (proposed) of 2nd property, (all within 2 years from LTCG point of view) are shown in my next IT Return (AY2023-24).  I am eager to hear from you, Sir!
Ans: As you must be aware, if person wants save tax on capital gain, person should acquire another residential house within a period of three years from the date of transfer of the old house or should construct a residential house, within a period of one year before or two years after the date of transfer of old house.

With effect from Assessment Year 2021-22, the benefit in respect of investment made in two residential house properties is available. The exemption for investment made, by way of purchase or construction, in two residential house properties shall be available if the amount of long-term capital gains does not exceed Rs 2 crore.

If assessee exercisesoption, he shall not be entitled to exercise this option again for the same or any other assessment year.

Benefit will be lower of following:

  • Amount of capital gains arising on transfer of residential house; or
  • Amount invested in purchase/construction of new residential house property

If till the date of filing the return of income, the capital gain arising on transfer of the house is not utilised (in whole or in part) to purchase or construct another house, then the benefit of exemption can be availed by depositing the unutilised amount in Capital Gains Deposit Account Scheme in any branch of public sector bank, in accordance with Capital Gains Deposit Accounts Scheme, 1988.

So in your case, if you satisfy all the prescribed conditions (including acquiring new property within 3 years, depositing unutilised amount in capital gain deposit account and disclosure is made regarding same in ITR of AY 2022-23 & AY 2023-24); you will get IT benefit.

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Ramalingam Kalirajan  |5181 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on May 15, 2024

My husband and his brother jointly invested in a property 20 years back, for an amount of 8 lakhs (equal share between them). However the property was registered only on the brother's name. Now he intends to sell the property for 70 lakhs and share the sale proceeds with my husband equally. What would be the Long Term Capital Gain tax liability on both the brothers after the sale? Can he transfer my husband's share as 'Gift" within blood relation, being his own brother?
Ans: The Long-Term Capital Gain (LTCG) tax liability on the sale of the property will depend on various factors, including the purchase price, sale price, and holding period. Here's how it's calculated:

Determine Cost of Acquisition: The cost of acquisition for your husband's share would be his portion of the original investment, i.e., Rs. 4 lakhs.

Calculate Indexed Cost of Acquisition: Adjust the cost of acquisition for inflation using the Cost Inflation Index (CII) for the relevant financial years. This indexed cost will be used to calculate the LTCG.

Deduct Indexed Cost from Sale Price: Subtract the indexed cost of acquisition from the sale price to determine the LTCG.

Apply LTCG Tax Rate: As per current tax laws, LTCG on the sale of immovable property is taxed at 20% with indexation.

Compute Tax Liability: Calculate the tax payable on the LTCG at the applicable rate of 20%.

Transfer of Share as Gift:

Your husband's brother can transfer your husband's share of the sale proceeds as a gift within the blood relation. However, it's essential to consider the tax implications of such a transfer:

Gift Tax Liability: Gifts received from relatives are generally exempt from tax under the Income Tax Act. Therefore, your husband should not incur any gift tax liability on receiving his share of the sale proceeds from his brother.

Documentation: Ensure proper documentation for the gift transaction, including a gift deed or a written agreement, to establish the transfer of ownership legally.

Avoiding Tax Evasion: While gifting within blood relations is permissible, it's crucial to ensure compliance with tax laws and avoid any suspicion of tax evasion. Proper documentation and transparency are essential to demonstrate the legitimate nature of the transaction.

Consultation with Tax Advisor:

Given the complexity of tax implications and legal requirements, it's advisable to consult with a tax advisor or chartered accountant who can provide personalized guidance based on your specific circumstances and ensure compliance with tax laws.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,


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