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Capital gains tax: Can I use OC ready flats for exemption?

T S Khurana

T S Khurana   |173 Answers  |Ask -

Tax Expert - Answered on Sep 11, 2024

A certified management accountant since 1993, T S Khurana is a fellow member of The Institute of Cost Accountants of India. His areas of expertise are income tax, specifically litigation cases, and GST.

Since the last 21 years, he has also been providing expert advice on financial matters, including investments and diversification of funds, and wealth building in the long term to his clients.
He believes that investment in real estate is the safest way for better returns and wealth generation over a period of time.

A former chairman of the Chandigarh Chapter of Institute of Cost Accountants of India, T S Khurana has also served as member of its technical committee.... more
Asked by Anonymous - Sep 10, 2024Hindi
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I sold a flat in August 2023 and invested the capital gains in capital gain bonds by 15 March 23 and the balance capital gains I am gonna invest in a flat.. does the flat need to be oc ready or only the agreement needs to be done for capital gains. The bonds purchased of rec have to be purchased before the year end of the it year or before.. kindly advice

Ans: 01. You may claim exemption for the Flat purchased, if your total amount of LTCG (minus the amount of Capital Gain Bonds) gets invested in purchase of flat. It is better if amount paid on agreement covers this gap. However, be informed that Purchase of Flat should be within 2 years, from the date of Flat Sold. This means new flat Registered in your name & possession taken, within two years.
02. Capital Bonds purchased in March-2023 & Flat sold in August-2023, does not match. There seems some mistake in the question. You are entitled for the exemption against Bonds, if you purchase the same with in 6 months from the date of sale of Capital asset, while you have purchased the same before sale of capital asset. Dates mentioned in the question needs to be verified.
Most welcome for any further clarification. 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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Nitin

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MF, PF Expert - Answered on Sep 13, 2024

Asked by Anonymous - May 15, 2024Hindi
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We are selling a flat in the month of July 24 for 60L.How much will go as capital gains tax. What are the bonds we can invest? How much interest it will earn & lock in period?
Ans: When selling a flat for Rs 60 lakhs, the capital gains tax you will owe depends on how long you held the property. If less than 2 years, the profit will be taxed as short-term capital gains(LTCG) at your applicable income tax slab rate
If you held the property for more than 2 years, the profit is taxed as long-term capital gains at 20% with indexation benefits. Indexation adjusts the purchase price for inflation, which helps reduce the taxable amount.
for Example Let's say you bought the flat 10 years ago for Rs 30 lakhs. After applying indexation, your adjusted cost might be around Rs 45 lakhs (rough estimate). Your capital gains would be: 60L (sale price) - 45L (indexed cost) = 15L.The LTCG tax would be 20%(your income tax rate of Rs 15 lakhs, which is Rs 3 lakhs.
Now let’s see How to Save on Capital Gains Tax? You can save tax on long-term capital gains by investing in Section 54EC Bonds. The Bonds You Can Invest In are REC (Rural Electrification Corporation) Bonds/NHAI (National Highways Authority of India) Bonds, PFC (Power Finance Corporation) Bonds
The Key Features of Section 54EC Bonds are Maximum Investment: You can invest up to Rs 50 lakhs in these bonds within 6 months of selling the property. Lock-in Period: The lock-in period for these bonds is 5 years. Interest Rate: The current interest rate is around 5-5.25% per annum, but this can vary depending on market conditions.
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Ramalingam

Ramalingam Kalirajan  |6970 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Aug 27, 2024

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Hello sir, I booked flat in 2010, but got the possession in june 2023 and got registered , the initial value is 27lacs on registered paper. I sold the same for rs 85 lacs on june 2023. how the long term capital agin will be claculated . and whta should i do to sav ethe long term capital gain tax. if applicable.
Ans: 1. Calculation of Long-Term Capital Gains
Step 1: Determine the Sale Price
Sale Price: Rs 85 lakhs (amount for which the property was sold)
Step 2: Determine the Cost of Acquisition
Initial Purchase Price: Rs 27 lakhs (as per registered document)
Step 3: Adjust for Inflation
To calculate LTCG, the cost of acquisition is adjusted for inflation. This adjustment is done using the Cost Inflation Index (CII) provided by the Income Tax Department.

CII for the Year of Purchase (2010): Refer to the index published by the government for the year 2010.
CII for the Year of Sale (2023): Refer to the index for 2023.
Step 4: Calculate Indexed Cost of Acquisition
Use the formula:


Step 5: Calculate the Long-Term Capital Gains
LTCG
=
Sale Price

Indexed Cost of Acquisition
LTCG=Sale Price−Indexed Cost of Acquisition

2. Tax Implications
As it is sold before July 2024, the long-term capital gains are taxed at 20% with indexation benefits. Additional tax benefits may apply depending on the investment options you choose.

3. Saving on Long-Term Capital Gains Tax
Investment in Residential Property
If you reinvest the gains into another residential property, you can claim an exemption under Section 54 of the Income Tax Act.

Conditions: The new property must be purchased within two years of selling the old property or constructed within three years. The exemption is applicable on the amount of capital gains reinvested.
Investment in Capital Gains Bonds
You can invest up to Rs 50 lakhs of capital gains in specified bonds under Section 54EC to claim an exemption. These bonds must be held for a minimum period of five years.

Eligible Bonds: The bonds are issued by the National Highway Authority of India (NHAI) or Rural Electrification Corporation (REC).
Investment in Rural Development Bonds
Under Section 54EC, you can also invest in rural development bonds. These bonds also have a lock-in period of five years.

Reinvestment in Residential Property
To fully utilize the exemption, reinvest the entire long-term capital gains amount into a new residential property. Ensure compliance with the time limits mentioned.

4. Final Insights
Here’s a summary of actions you can take:

Calculate Indexed Cost: Use the CII to adjust the cost of acquisition for inflation.
Calculate LTCG: Determine the gain by subtracting the indexed cost from the sale price.
Explore Exemptions: Consider reinvesting the gains in a new residential property or capital gains bonds to reduce or eliminate tax liability.
Implement these strategies to manage your tax liability effectively. Always ensure you comply with the conditions specified under the Income Tax Act for exemptions.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

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MHT-CET, IIT-JEE, NEET-UG Expert - Answered on Nov 05, 2024

Asked by Anonymous - Nov 05, 2024Hindi
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I'm 18 years old and currently preparing for neet as a dropper student. I'm from bihar but I live in haryana since my childhood. I have a boyfriend, he is doing btech and it has been 1.5 years since we are together we love each other he supports me in everything but the problem here is I lied him about my birthplace and told him that I belong to UP as UP is a bit better place than bihar. Idk i just feel ashamed to tell anyone that I'm from bihar so I just tell everyone that I'm from UP. Now I'm feeling very guilty in my own that I lied to him about such a basic and important thing and yesterday he Also mentioned that his mother never want a bihari girl, and he is a punjabi. I just don't know what should I do how will he react after knowing the truth and also I'm afraid that he will broke up with me.. I'm also having my neet exam in 6 months. I planned that i will tell him after my exam but I'm just feeling too guilty that I'm hiding this thing from him
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Keep mum for the next 6-7 months. Keep a safe distance from your boyfriend. Focus only on NEET preparation. Try to excel in NEET. Wait till the results are out. If you score well and get admitted to Govt Medical College, then open up in front of your boyfriend. He and his family members will accept you because you are becoming a doctor! But after taking the NEET examination, if you feel that you can't score as expected, then tell the truth to your boyfriend. If he loves you from the bottom of his heart, he will forgive you. But if not. then you assume that god has saved you from him!
Last but not least:- Dedicate your 24 hours only for NEET preparation. This time will never come in your life again. You can be a KING in just a few days with solid preparation and will get lifelong respect in society. The bright future is in your hands and not in the hands of your boyfriend.
Best of luck with your upcoming NEET Examination.

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my Son has done BTech in computer Science in 2023 from NIT Jalandhar and campus placed in Indian Fintech and earning 15CTC. He is gaining experience there for more than one year for now. What is advisable for future course go for Masters in USA or any other country or continue with job in India by switching companies. Due to job market crunch he is also preparing for upto Group B level Govt jobs as Plan B. What would be best advice for long term and settling after marriage.
Ans: Please have one directional goal. No dual policy. Let him go for MS from some good American University and after that he can get a good job in USA. No point in switching companies in India. A rolling stone gathers no moss. Forget about Govt. job in India. His talent won't be utilized and there will be routine transfers. So hit the bull's eye. Have a decent GRE and TOEFL score, have three good recommendation from his professors, one good SOP (statement of purpose) and after seeing the GRE score I will suggest the universities. Mostly in all the reputed universities of USA at least one student of mine is there sas a Professor and half of the year I stay in USA. No worries. I am there to counsel him. Only he must fix one aim. No ambiguity. Have unique aim, work hard with proper decision, rest the guidance will be given by me. Recommended more than hundred students to different reputed universities of US right from Princeton to Texas A&M, Clemson to Vermont. Never forget that I AM THERE BY THE SIDE OF YOUR SON LIKE AN INVISIBLE SHADOW TO PROTECT HIM AND GUIDE HIM.

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Mutual Funds, Financial Planning Expert - Answered on Nov 05, 2024

Asked by Anonymous - Nov 05, 2024Hindi
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Hi I am 39 years old working professional with take home salary of Rs. 2.25 lacs/month. I have taken home loan in last month for Rs. 30 lacs with monthly EMI of Rs. 60k. My monthly House hold expenses are Rs. 50k. From 2022 I am investing Rs. 35k in MF via monthly SIP in ratio of 40:30:20:10 in Large:Mid:small:Debt. I have 2 Sons for 8 years and 3 years respectively. My Goal is to have sufficient corpus for their higher education and to achieve financial independence ASAP. Pl guide..
Ans: Your proactive approach towards securing financial independence and planning for your children’s education is commendable. At 39, you have a robust salary, structured expenses, and disciplined investments. Let's examine your financial standing, assess your goals, and outline strategies for optimal growth and security.

Current Financial Overview
Monthly Income: Rs 2.25 lakh

Home Loan EMI: Rs 60,000 (new loan of Rs 30 lakh)

Household Expenses: Rs 50,000

Monthly SIP in Mutual Funds: Rs 35,000 (split across large, mid, small-cap, and debt funds)

You have taken significant steps with a home purchase and ongoing SIPs. Let’s optimise these resources to achieve financial independence and build a corpus for your children’s education.

Goal-Based Financial Planning
1. Higher Education Corpus for Children
Education expenses rise significantly due to inflation, particularly for quality higher education.

With your sons aged 8 and 3, plan for their higher education in 10-15 years.

To achieve this, increase your SIPs in equity-focused funds. Equities provide inflation-beating returns over the long term.

Maintain a systematic approach, with SIPs focused on growth-oriented funds (large and mid-cap funds are ideal).

Regularly review this corpus every 2-3 years to ensure it aligns with educational costs.

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Early financial independence requires strategic savings and investment growth.

Aim to build a corpus that covers at least 25 times your annual expenses.

At present, Rs 50,000 monthly expenses indicate a future goal corpus of Rs 1.5-2 crore, adjusting for inflation.

Your current SIPs are a great start, but gradually increase SIPs to achieve a sizeable retirement fund.

Consider adding more equity exposure for growth and inflation protection, while adding debt as retirement nears.

Debt Management and EMI Strategy
Home loan EMI is Rs 60,000, a significant commitment for 20 years. This can limit cash flow for other investments.

Aim to prepay your loan when possible to reduce interest outflow and loan tenure.

You may consider setting aside a small portion of bonuses or salary hikes for periodic prepayments.

Reducing debt earlier will provide more cash flow to focus on investments.

Optimising Your SIP Strategy
Equity Allocation: Your SIP allocation is split 40:30:20:10 across large, mid, small, and debt categories.

Large-cap funds offer stability, while mid and small caps drive growth. The debt allocation provides balance but may be increased as you approach retirement.

Avoid Index Funds: Index funds, while popular, lack active management, which can be limiting. Actively managed funds adjust to market conditions, providing a higher potential for returns. Certified Financial Planners (CFP) can guide you on the best funds for your goals, particularly with growth in mind.

Consider Regular Funds Over Direct: Regular funds provide personalised guidance, performance reviews, and rebalancing through Certified Financial Planners, which direct funds lack. Regular investments managed by certified experts offer better long-term growth.

Building Contingency and Protection
1. Emergency Fund
Ensure an emergency fund covering 6-12 months of expenses (about Rs 4-6 lakh), kept in easily accessible accounts like liquid funds.

This fund will protect your long-term investments in case of unexpected expenses.

2. Insurance Needs
Adequate life and health insurance are essential, especially with dependents and ongoing liabilities.

Life insurance should cover at least 10 times your annual income, which could be achieved with a simple term insurance policy.

Health insurance for the family is essential to avoid dipping into savings during medical emergencies. Ensure coverage is comprehensive to handle inflation in healthcare.

Tax Efficiency in Investments
New tax rules affect mutual fund capital gains. For equity funds, long-term capital gains (LTCG) above Rs 1.25 lakh are taxed at 12.5%, while short-term capital gains (STCG) are taxed at 20%.

Debt mutual funds are taxed as per your income slab. Plan to withdraw strategically to minimise tax impact.

Periodic portfolio reviews and structured withdrawals can help reduce your tax liability.

Nurturing Long-Term Wealth Growth
PPF and Debt Instruments: PPF and debt mutual funds provide stability but may fall short on inflation-adjusted growth. Maintain debt instruments as a smaller part of your portfolio until retirement nears.

Equities for Wealth Accumulation: Equities remain ideal for long-term goals like retirement and education due to their inflation-beating growth.

Review your mutual fund choices periodically to ensure they are high-performing and aligned with your growth goals.

Final Insights
Achieving financial independence and funding your children’s education are achievable with disciplined investments, a focus on growth, and debt management. Regular monitoring, along with a Certified Financial Planner’s advice, will ensure you stay on track.

Best Regards,

K. Ramalingam, MBA, CFP,
Chief Financial Planner

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

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Prof Suvasish

Prof Suvasish Mukhopadhyay  |7 Answers  |Ask -

Career Counsellor - Answered on Nov 05, 2024

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I am a 29 year old completed her Masters in Psychology 5 years ago. Presently i am working, on a contractual basis ,as a Patient Counsellor for Oncology department in a local well reputed hospital and my work contract is coming to an end. I always aspire to make a mark in the field of Psychology and contribute in a better way for Indian space, bring awareness and popularity in India. My mind also goes to UGC NET or school counseling, plus I am yet to do any M. Phil or PhD yet however I am little unsure regarding my capacity. But I do want to go ahead in my career. I need your guidance regarding taking the next step for a better career. Please help me out.
Ans: I am really very happy to see the positive mind frame of yours. I do think teaching ( i.e. College Teaching) will be the best job for you. At a time you and teach and counsel. Please don't be unsure about your capacity, from your writing it is crystal clear that you do have the required capacity to do M.Phil and Ph.D. Only your age is a bit high, because if you do M.Phil and Ph.D then it will take at least six years time and by that time you will be 35. If you are ready you can apply to some Universities of Germany for doing Ph.D directly. There M.Phil is not required. In Germany for ladies education is free. Only you need to have knowledge of primary German language for a smooth sailing. In school there is little bit use of Psychology, because the subject of Psychology is not there.
Your next step will be having a permanent job. Unless the basic needs are assured you can't concentrate. In India very few persons get job satisfaction. So if you appear for the state PSC exam, you may crack it, but Psychology won't be there, you may be a Deputy Collector or Sales Tax Officer with periodic transfer and lot of respect cum status. But don't be morose. Even being in other job you can give free counselling of Psychology online free of cost just to pursue your hobby. My basic answer is that first grab a full time job and then pursue your passion. Right now don't go for M.Phil and Ph.D.Higher degrees and age are proportional to each other. In last five years you must have completed M.Phil and started Ph.D. But no point in lamenting over the spilt milk. So two option 1) Do Ph.D from Germany 2) Grab a Govt or Private job which is not contractual. Take proper decision. That is the most important thing in career building. Never go for split mind and never try for true option. Make your aim fix and target it and I am sure you will achieve it.
Now just procure a permanent job and pursue your hobby of Psychology.Best of Luck. Prof. Mukhopadhyay

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T S Khurana

T S Khurana   |173 Answers  |Ask -

Tax Expert - Answered on Nov 05, 2024

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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