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Sold US MNC ESOPS/ESPP: Claim Long Term Capital Gain Tax Benefit with 2022 Home Purchase?

Samkit

Samkit Maniar  |174 Answers  |Ask -

Tax Expert - Answered on Jul 24, 2024

CA Samkit Maniar has eight years of experience in income tax, mergers and acquisitions and estate planning.
He has graduated from Mumbai’s N M College of Commerce and Economics and has completed his CA from The Institute of Chartered Accountants of India."... more
Asked by Anonymous - Jul 23, 2024Hindi
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I sold my ESOPS/ESPP shares given by an US MNC recently in June 2023. I bought a residential home in OCT 2022, within an year prior to sale. Can I compensate long term gains from this sale with my house purchased?

Ans: Please ensure that ESOPs are held for more than 12 months. If same is the case then you may be able to utilize the proceeds against the house purchased.

Kindly consult your CA before moving ahead.
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

Mihir Tanna  |990 Answers  |Ask -

Tax Expert - Answered on Nov 17, 2022

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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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Ravi

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Dating, Relationships Expert - Answered on Jan 20, 2025

Asked by Anonymous - Jan 11, 2025Hindi
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I am a 20 years old guy and in my past romantic relationships, have shown signs of emotional instability, too much dependency and lack of awareness of boundaries which affected my relationships badly...I hadn’t interacted with people in a long while since 2020 (precisely when lockdown had started) and feel that some aspects of my personality are not developed fully as they should be at this age. How to work on this? Also, i have noticed that I am able to create a good first impression but it soon pales and I feel like I am subtly disrespected or talked down to, and this has been happening in all interactions...i am always respectful (often to a fault!) and even have people pleasing tendencies...i sometimes ask immature weird questions and that might probably be the reason (but they’re never inappropriate)...but i do want to gain insights into why i am experiencing what i am and how to navigate this situation well so that I can maintain healthy relationships in future. Thanks you!
Ans: Dear Anonymous,
First of all, I want you to understand that it is no small feat to realize the quirks and imperfections in ourselves- you have done it. Your effort to understand and rectify them deserves to be acknowledged and appreciated.
Now, coming to your question, I can only give you some general advice on each-
Emotional instability and dependency- these behavioral patterns can stem from various factors; it can be a lack of confidence or some past issues that are left unresolved. It is difficult for me to tell you exactly why it is happening. It can also arise from a lack of validation. To manage it, you can focus on self-regulation- like meditation or journaling whenever you feel these emotions rising. This way you are expressing them but not damaging your relationships. Take up new hobbies or goals. Achieving milestones can build confidence.
Navigating Boundaries- You can speak to your partner in the early stage of the relationship to understand their boundaries. This way there will be clarity and you won't overstep. You can set up some boundaries too.
For better interpersonal skills, you can proactively follow some rules- like active listening, avoiding overthinking, asking open-ended questions, and resisting the urge to seek your partner's approval.
About the awkward questions- it is important to understand that you might perceive them as awkward, but the person opposite to you might think of it as a genuine curiosity. As long as it isn't intrusive or inappropriate, there are no awkward questions.
Like these, I can only offer you some general advice. But the best advice of them all would be to seek counseling. It has done wonders for people. And the first step, which is identifying the issues is already done. Bravo! What's wrong with taking a little professional help in navigating the next steps? They can guide you in a more structured manner.
Hope this helps.

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Kanchan

Kanchan Rai  |499 Answers  |Ask -

Relationships Expert, Mind Coach - Answered on Jan 20, 2025

Asked by Anonymous - Jan 09, 2025Hindi
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I’ve been in a relationship with a girl for the past 4 years, but due to various issues, things have become extremely complicated. Her father doesn’t approve of me, and my mother doesn’t like her either. Despite this, we’ve managed to stay together all these years. The problem is now escalating. My family is pressuring me to marry someone else, but I’m unable to leave her. At the same time, I feel I can’t marry her either because of her behavior and the ongoing issues with my family. I’ve tried to ask her to change certain things, but she hasn’t made any efforts in that direction. To make matters worse, her mother supports our relationship and trusts me, which makes it even harder for me to walk away. I don’t want her to marry someone else, but I also feel stuck because of my family’s expectations and the challenges in our relationship. Even If I leave her I don't know what she is going to do. What should I do in this situation to make the best decision for everyone involved?
Ans: it's crucial to reflect on what you truly want and need from a relationship. Ask yourself if this relationship brings you the happiness and fulfillment you seek, or if the challenges you face are too significant to overcome. It's important to differentiate between staying out of love and staying out of fear or obligation.

Talking to your partner openly is essential. Share your concerns honestly and listen to her perspective. If there are changes you've hoped for, express why they matter to you. At the same time, recognize that change is a two-way street—it requires effort and willingness from both sides. If she hasn't made efforts in the areas you've discussed, it may be worth considering whether this is a pattern that can be changed or a fundamental mismatch in expectations.

Your family's disapproval complicates things further, but it's important to remember that this is your life and relationship. While their opinions are significant, they shouldn't be the sole deciding factor in your happiness. Balancing respect for their wishes with your own needs is a delicate task, but ultimately, you need to make a decision that feels right for you.

If the relationship feels unsustainable despite your efforts, it may be time to consider a different path. It's understandable that you’re concerned about her well-being, especially given her mother's trust in you, but staying out of guilt or obligation can lead to further unhappiness for both of you. If you decide to part ways, doing so with kindness and honesty can help mitigate some of the hurt.

Ultimately, this decision is deeply personal. Weighing your feelings, the relationship dynamics, and your family's expectations will guide you toward a resolution that prioritizes your well-being and future happiness.

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Kanchan

Kanchan Rai  |499 Answers  |Ask -

Relationships Expert, Mind Coach - Answered on Jan 20, 2025

Asked by Anonymous - Jan 09, 2025Hindi
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My age is 41 years. I have two kids. Nurturing n looking after them n whole home single handedly. I am a visiting faculty in a institute . Earns very nominal earning. My husband hits me, taunts me and use very arrogant words to me like tumhe belt se maarunga n similar many worst words. His family has been always unsupportive to me . Now after 16 years of marriage, he still wants me to please his mother n other family. Which I completely avoid as they have never supported me and always boycotted me. His real brother is in politics and all family members including his cousins do follow him and boycotted me n husband. Now for everything my husband blames me and says if you gave pleased them, all might have good. But inspite of pleasing them a lot , they are like treating me like I am a stranger. I handle n manage everything still by the end of the day.... everything is in vain. Husband says...What you did for home? I will never ever give my money to you and so on. I am literally in trouble thoughts, what to do ? I even many times thought to end my life but my kids are the reason I continuously bears everything. Please suggest what shall I do.
Ans: it's important to acknowledge that no one deserves to be treated with such disrespect and abuse. Your feelings of isolation and frustration are valid. It can feel overwhelming when the people who should support you instead make you feel like an outsider.

In situations like this, it’s crucial to find support outside the immediate family. Reach out to trusted friends, family members, or support groups who can offer you emotional strength and practical advice. Consider speaking with a counselor or therapist who can help you navigate these complex emotions and provide strategies for dealing with the abuse and stress.

You’ve shown immense resilience, especially for your children. They need you to be strong, and seeking help is a vital step in preserving your mental and emotional well-being. Remember, prioritizing your health is not selfish; it’s necessary for you and your children’s future.

Also, explore any legal avenues or resources available for individuals in abusive relationships. Local support organizations, legal aid, or women’s shelters can provide advice and assistance if you decide that leaving the relationship is the best option for your safety and well-being.

You have already shown great courage by managing so much on your own. Continue to seek out support and know that you are not alone in this journey. There are people and resources willing to help you find a path to a healthier and more secure life.

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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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