Home > Money > Question
Need Expert Advice?Our Gurus Can Help
Mihir

Mihir Tanna  |819 Answers  |Ask -

Tax Expert - Answered on Nov 17, 2022

Mihir Tanna has more than 10 years of experience in direct taxation, including filing income tax returns.
He regularly represents clients before the income tax authorities including the commissioner of income tax (appeal).... more
Swadhin Question by Swadhin on Nov 17, 2022Hindi
Listen
Money

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.

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.
Money

You may like to see similar questions and answers below

Tejas

Tejas Chokshi  |126 Answers  |Ask -

Tax Expert - Answered on May 29, 2023

Listen
Money
I have bought a plot for Rs.3 Lakhs in the year, 2006 and constructed a house by taking a bank loan of Rs.10 lakhs in the year, 2007. Now, I have sold this house for Rs.80 lakhs in the year, 2023. What are the capital gains tax I should be paying on this? The buyer has paid Rs.75 K towards TDS on this deal and duducted the same from the sale proceeds due to me. Can I claim this TDS from the IT department? Please clarify.
Ans: To calculate the capital gains tax on the sale of your house, we need to consider the acquisition cost, the cost of improvement, and the sale proceeds. Let's break down the calculations:

Acquisition Cost:
The acquisition cost is the amount you paid for the plot in 2006, which is Rs. 3 lakhs.

Cost of Improvement:
The cost of improvement includes the expenses incurred for constructing the house. In this case, it is the bank loan you took of Rs. 10 lakhs in 2007.

Indexed Cost of Acquisition and Improvement:
To adjust the acquisition cost and cost of improvement for inflation, we need to calculate the indexed cost. The indexed cost is calculated using the Cost Inflation Index (CII) provided by the Income Tax Department. The CII for the relevant years can be found on the Income Tax Department's website.

Let's assume the CII for the year 2006-2007 was 122, and for the year 2007-2023 (the year of sale), it was 317.

Indexed Cost of Acquisition = Acquisition Cost × (CII for the year of sale/CII for the year of acquisition)
Indexed Cost of Acquisition = Rs. 3 lakhs × (317/122) = Rs. 7,79,508=19

Indexed Cost of Improvement = Cost of Improvement × (CII for the year of sale/CII for the year of improvement)
Indexed Cost of Improvement = Rs. 10 lakhs × (317/122) = Rs. 25,98,360=65

Capital Gain:
To calculate the capital gain, deduct the indexed cost of acquisition and the indexed cost of improvement from the sale proceeds.
Capital Gain = Sale Proceeds - (Indexed Cost of Acquisition + Indexed Cost of Improvement)
Capital Gain = Rs. 80 lakhs - (Rs. 7,79,508=19+ Rs. 25,98,360=65)
Capital Gain = Rs. 46,22,131=16

Capital Gains Tax:
The capital gains tax depends on whether the property is held for the long term or the short term. In this case, since you held the property for more than 24 months, it qualifies as a long-term capital asset.
For long-term capital gains, you have the option to pay tax at a rate of 20% with indexation benefits or 10% without indexation benefits, whichever is lower. Indexation benefits adjust the acquisition and improvement costs for inflation.

Assuming you choose the 20% tax rate with indexation benefits, the capital gains tax would be:

Capital Gains Tax = Capital Gain × 20%
Capital Gains Tax = Rs. 46,22,131=16 × 20%
Capital Gains Tax = Rs. 9,24,426=23

Regarding the TDS (Tax Deducted at Source) of Rs. 75,000 paid by the buyer, you can claim credit for this amount while filing your income tax return. The TDS can be set off against your tax liability or claimed as a refund if it exceeds your tax liability. Make sure to provide the necessary details and documentation when filing your tax return to claim the TDS amount.
(more)
Tejas

Tejas Chokshi  |126 Answers  |Ask -

Tax Expert - Answered on Aug 07, 2023

Listen
Money
Sir, during this month (August2023) I sold my flat which was purchased by me in 2010. The total sale consideration as per govt guidelines was Rs 5973000/ and was registered at that amount, accordingly TDS at 1% on it was deducted at Rs 59730 and was credited to the govt account. My query is , TDS on sale of property at 1% is applicable in case the amount of sale exceeds Rs 50.00 lakhs . Whether the TDS is applicable on full sale consideration or on the difference amount ie, (5973000-500000)Rs 973000. 2. I had purchased the flat in April 2010 and the purchase price was Rs 3150000/ including Stamp duty, Registration charges and small amount towards interior work. I request you to advise me the applicability of Capital Gain Tax on it. Now I do not want to invest in any new property or in Capital gain bonds, I want to pay the applicable tax and close the transaction. Please advise me about the applicable Tax and close the formalities applicable in this regard. Siddramappa Kudarimoti.
Ans: The TDS (Tax Deducted at Source) of 1% on the sale of property exceeding Rs 50 lakhs is applicable on the full sale consideration. In your case, since the total sale consideration was Rs 5,973,000, the TDS of Rs 59,730 was deducted as per the guidelines. Based on the information you've provided, you might be liable for Capital Gains Tax. Capital Gains Tax is calculated based on the difference between the selling price and the indexed purchase price. The indexed purchase price adjusts the original purchase price for inflation over the holding period.
The tax on long-term capital gains is usually 20% (plus applicable surcharge and cess) after considering any exemptions or deductions available under Section 54 or Section 54F if you are not investing in another property or capital gains bonds.

To close the transaction and fulfill your tax obligations, you should consider the following steps:

a. Calculate Capital Gains: As explained above, calculate the capital gains based on the indexed purchase price and selling price.

b. Pay Capital Gains Tax: If you decide not to invest in another property or capital gains bonds, you will need to pay the applicable capital gains tax. You can do this by filling out the appropriate sections in your income tax return and paying the tax amount.

c. File Income Tax Return: Ensure that you accurately report the capital gains in your income tax return for the assessment year.

d. Keep Documentation: Maintain all relevant documents related to the property sale, purchase, and tax calculations for future reference
(more)
Latest Questions
Sushil

Sushil Sukhwani  |322 Answers  |Ask -

Study Abroad Expert - Answered on Apr 26, 2024

Listen
Career
Sir, my daughter is going to finish her BA with Psychology Honours from Indraprastha College for Women, Delhi University. She has received an offer to pursue her MSC in Organizational Psychology from University of Manchester, UK. We would like to know more about the future prospects of this course and the employability. Also, we would like to know how different it is from an MBA in Human Resources?
Ans: Hello Rohit,

To begin with, thank you for contacting us. I am glad to hear that your daughter is going to complete her Bachelor of Arts (BA) with Psychology Honours and has received an offer to pursue her Master of Science (MSc) in Organizational Psychology from the University of Manchester in the UK. To answer your question first, I would like to tell you that your daughter will be offered a solid basis in understanding human behavior in the workplace as well as real-world abilities in fields viz., talent management, employee evaluation, and organizational development through pursuing a Master of Science in Organizational Psychology from the University of Manchester. Students pursuing this degree are provided with the information and skills required to tackle different difficulties that organizations encounter, viz., leadership effectiveness, employee motivation, and team dynamics.

Concerning your query regarding the future prospects and employability, I would like to tell you that with businesses recognizing the significance of comprehending and maximizing their manpower, the demand for organizational psychology continues to rise. You would be glad to know that your daughter can choose from many different jobs including talent management, training and development, human resources, organizational consulting, and other positions with this degree. Remember that organizational pyschologists are respected for their ability to use psychological principles to enhance productivity in the workplace, employee satisfaction, and efficiency of the organization.

Next, coming to your query as to how this course is different from an MBA in Human Resources, I would like to let you know that an MSc in Organizational Psychology in comparison to an MBA in Human Resources generally places a greater emphasis on the psychological facets of the behavior and growth of organizations. Although topics associated with managing people within organizations is also covered in an MBA in Human Resources, it frequently adopts a more comprehensive corporate viewpoint encompassing fields viz., strategy, marketing, and finance.

I would like to tell you that your daughter's interests and professional objectives play a key role in deciding between an MSc in Organizational Psychology and an MBA in Human Resources. An MSc in Organizational Psychology would be a better choice if your daughter is interested in studying human behavior in the workplace and wishes to gain expertise in fields viz., leadership development, employee well-being, and organizational culture. On the contrary, if your daughter wants to acquire a deeper understanding of business management with a concentration on Human Resources (HR), and aspires to work in more general management positions within organizations, then an MBA in Human Resources may be an appropriate choice.

Remember that both paths can result in lucrative employment prospects. When making an informed choice, I would suggest that your daughter carefully takes into account her strengths, personal interests, and future professional objectives. Moreover, in order to acquire valuable information pertaining to the prospects following the completion of either degree, I would recommend that your daughter conducts a comprehensive study on particular labor markets as well as gets in touch with experts of both the domains.

For more information, you can visit our website.
(more)
Sushil

Sushil Sukhwani  |322 Answers  |Ask -

Study Abroad Expert - Answered on Apr 26, 2024

Listen
Career
Dear Sushil, My daughter is 23 years old , finished her MBA from KIMS and got a job in Kirloskar Pune as a HR BP ( Management Trainee)in Jan 2024. Her results were good throughout. Topped 12 from Aditya, BSc Botany from Lady Brabourne kolkata ( 1st class first). Sir, we can't manage funds for going to abroad. Kindly guide us about her next step so that her career escalates. Sanchita
Ans: Hello Sanchita. Thank you for connecting with us. Congratulations to your daughter on her academic achievements and securing a position as an HR business partner (management trainee) at Kirloskar Pune. It is evident that she has a strong academic background, leading to promising career prospects ahead. It is understandable that there are financial constraints at the moment. Furthermore, let me tell you that there are educational loans that would be available for your daughter’s education abroad. Given your daughter’s excellent academic background, she can be eligible for scholarships and financial aid, either fully or partially. This would help your daughter manage her finances well abroad.There are some universities that come with financial aid packages like grants, loans, and work opportunities. This is specially designed to cover tuition fees, living expenses, etc. In addition to this, there are work opportunities as well, which would also be a good option for your daughter. By carefully planning and prioritising expenses, financial challenges won’t be an issue.

All the best to your daughter in her future endeavours.

For any further queries, please get in touch with us. We have a team of expert counsellors who can guide you through any concerns or questions you may have.
(more)
Ramalingam

Ramalingam Kalirajan  |884 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Apr 26, 2024

Ramalingam

Ramalingam Kalirajan  |884 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Apr 26, 2024

Listen
Money
Sir my age is 25 and I am earning 29000 per month.i am in govt sector.i am investing 20000 per month in sip in the following funds Motilal Oswal midcap fund 3000 HDFC s&p sensex index fund 4000 Motilal Oswal Nasdaq ETF 3000 Axis small cap fund 2000 Nippon India small cap fund 2000 ICICI prudential nifty 50 ETF 2000 US S&P 500 SPDR ETF 4000 And lastly 1000 in bitcoin but that I don't count because it's very risky and I may lose my money in bitcoin so I consider 20000 as my sip amount instead of 21000....sir kindly check my sip distribution if needed any changes..I will stay invested in market for 20 years and I want my wealth to grow so that I can retire at 45.. kindly provide me your valuable suggestions
Ans: Your commitment to investing at such a young age is commendable and lays a strong foundation for your future financial security. Let's review your SIP distribution to ensure it aligns with your goal of retiring at 45 and maximizing wealth growth over 20 years.

Your current SIP allocation demonstrates a diversified approach, spanning various sectors and geographies. However, given your long investment horizon and goal of wealth accumulation, it's essential to consider a few aspects:

Risk Tolerance: While your portfolio includes both domestic and international equity exposure, it's important to assess your risk tolerance. Small-cap and mid-cap funds tend to be more volatile but offer higher growth potential over the long term. Ensure you're comfortable with the level of risk associated with these investments.
Asset Allocation: Evaluate your asset allocation to ensure it reflects your risk appetite and investment goals. Consider allocating a portion of your portfolio to more stable assets like large-cap funds or debt instruments to balance risk and potential returns.
Review Periodically: As your financial circumstances and market conditions evolve, periodically review your SIP distribution to ensure it remains aligned with your goals. Rebalancing your portfolio may be necessary to maintain diversification and optimize returns.
Emergency Fund: Building an emergency fund equivalent to 3-6 months' worth of expenses is crucial to mitigate financial risks and ensure stability during unforeseen circumstances.
Regarding your Bitcoin investment, it's advisable to exercise caution due to its speculative nature and lack of proven track record. Cryptocurrencies are inherently risky and have not stood the test of time like traditional investment options. Consider focusing on more established and less volatile investment avenues for long-term wealth accumulation.
As a Certified Financial Planner, I advise you to consult with a financial advisor who can provide personalized guidance tailored to your specific financial situation and goals. Together, we can refine your investment strategy to optimize growth and set you on the path to achieving your retirement objectives.
(more)
Ramalingam

Ramalingam Kalirajan  |884 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Apr 26, 2024

Asked by Anonymous - Apr 26, 2024Hindi
Listen
Money
I am 53 years old. I have fd of 20 lakh, pf of 15 lakhs, ppf of 15 lakhs, stock of 55 lakh, mf of 50 lakh. I invest in 5 lakh yearly in a ulip scheme, 3 lakh yearly in lic pension fund and do sip of 35000 across different mf. Am i retirement ready? I am a single person. I have no dependents. After retirement i will need sbout 80000 pm and will need 7 lakh per year for travelling.please advise
Ans: Given your diversified investment portfolio and diligent savings habits, you're certainly on the right track towards a comfortable retirement. However, let's delve deeper into your financial landscape to assess your readiness.

Your FDs, PF, PPF, stocks, and mutual funds collectively form a robust foundation for retirement. Your annual contributions to ULIP and LIC pension fund further bolster your retirement corpus. However, to ensure your desired lifestyle post-retirement, it's crucial to evaluate if your current investments align with your retirement income needs.

Considering your annual expenses post-retirement, including living expenses and travel aspirations, it's prudent to analyze if your existing investments can generate sufficient income. Additionally, factoring in inflation and potential healthcare expenses is paramount.

As a single individual with no dependents, your retirement planning focuses solely on your own needs and aspirations. While your investment portfolio appears substantial, a detailed retirement income projection would provide clarity on whether it adequately meets your desired lifestyle post-retirement.

As a Certified Financial Planner, I recommend conducting a comprehensive retirement planning analysis to ensure your financial goals are met with confidence and peace of mind. Together, let's fine-tune your retirement strategy to ensure a fulfilling and financially secure future.
(more)
Ramalingam

Ramalingam Kalirajan  |884 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Apr 26, 2024

Asked by Anonymous - Apr 26, 2024Hindi
Listen
Money
Hi i am 40 years old and working in private sector. Current investments in SIP's are UTI index and I Pru next 50 @ 1000/weekly, Nippon Small Cap @ 1500/Weekly also HDFC Mid cap opportunites @ 1000/weekly. I also have monthly SIP's in Canara Robeco Emerging Equities @ 2000,Invesco Multicap @ 2500, Mirae Emerging Bluechip @ 2500, Mirae NYSE Fang ETF FOF @ 5000, Quant Small cap @ 2000, PPFAS flexicap @ 2500, UT Flexi @ 2500. Most of the SIP's have been started in last 2-3 yeasr.
Ans: It's commendable that you've taken proactive steps towards securing your financial future, especially with such a diverse portfolio of SIPs. At 40, you're in a crucial phase of life where every investment decision counts. Your commitment to regular investing reflects a thoughtful approach to wealth accumulation.

With SIPs spread across various sectors, you've embraced the beauty of diversification. But have you ever pondered over whether your current investments truly align with your long-term goals and risk appetite? It's crucial to periodically reassess your portfolio's composition to ensure it remains in sync with your evolving financial aspirations.

Remember, the journey to financial independence is akin to a marathon, not a sprint. Each SIP contribution represents a step forward on this journey, building wealth brick by brick. As a Certified Financial Planner, I appreciate your dedication to securing your financial future and encourage you to continue this journey with wisdom and foresight.

In the vast landscape of investment opportunities, your portfolio reflects a tapestry of choices tailored to your vision. But as with any masterpiece, periodic reflection and adjustment are essential to ensure its continued brilliance. Let's navigate this journey together, crafting a future that's both prosperous and fulfilling, one SIP at a time.
(more)
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.

Close  

You haven't logged in yet. To ask a question, Please Log in below
Login

A verification OTP will be sent to this
Mobile Number / Email

Enter OTP
A 6 digit code has been sent to

Resend OTP in120seconds

Dear User, You have not registered yet. Please register by filling the fields below to get expert answers from our Gurus
Sign up

By signing up, you agree to our
Terms & Conditions and Privacy Policy

Already have an account?

Enter OTP
A 6 digit code has been sent to Mobile

Resend OTP in120seconds

x