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Selling Gifted Property: How to Calculate LTCG and Save Tax?

Yogendra

Yogendra Arora  |31 Answers  |Ask -

Tax Expert - Answered on Mar 27, 2025

Yogendra Arora is the founder of Y Arora Associates And Chartered Accountants, a tax consultancy firm based out of Kanpur.
He has over 11 years of experience in auditing and consultancy.
Before starting his own consultancy, Yogendra, a commerce graduate from CSJM University, Kanpur, worked with ICICI Bank and Indusind Bank as credit manager between 2013 and 2018.... more
Asked by Anonymous - Mar 25, 2025Hindi
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Hi, my sister intends to sell a property that was purchased by me in 2009 and gifted to her in 2017. This is a flat in cooperative group housing society. How do we calculate the LTCG and what can be done to save tax.

Ans: hi,
in your sister case LTCG will be calculated where cost of purchase will be cost of purchasing property by you i.e. cost of purchase by previous owner.
2nd you have option to select with indexation benefit Tax @ 20% or without indexation at 12.5% flat.
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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Asked by Anonymous - Mar 17, 2025Hindi
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Hello Sir - I have taken a HDFC Unit Linked pension plan in 2008 and the fund value is approx. 49 lakhs. The policy matures in 2030 and allows for commutation of 1/3rd of fund value (with mandatory annuity for balance 67%). My HDFC Life Relationship manager is suggesting that he will transfer the proceeds of this fund to a new HDFC Smart life pension plan (via surrender of old policy and immediate reinvestment as single premium in the new policy) for a term of 5 years. At the vesting date, I will be allowed to remove 60% of the fund value as tax free commuted pension and will need to take annuity only for remaining 40% of fund value. This is beneficial for me (since tax free commutation under new pension plan is 60% as per new IRDAI rules instead of current 33%). In such a case, will the surrender of old policy and immediate reinvestment into new smart pension plan be a taxable transaction in India? I have claimed 80CCC benefits for part of premium paid in the past. HDFC Life has informed that the surrender and immediate reinvestment would not be taxable as I am not actually receiving any amount (the amount is fully being reinvested in the new pension plan). Is this advice by HDFC correct? Thanks for the advice.
Ans: Returns on all ULIPs purchased between April 2012 to February, 2021 are completely tax free if the premium was less than 10% of sum assured. For ULIPs purchased before April 2012, the maturity amount was tax free if the premium was less than 20% of sum assured for that policy.

It is strongly advisable to consult CA to understand various scenarios

Vipul Bhavsar
Chartered Accountant
www.capitalca.in

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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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