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Sanjeev

Sanjeev Govila  |458 Answers  |Ask -

Financial Planner - Answered on Feb 17, 2023

Colonel Sanjeev Govila (retd) is the founder of Hum Fauji Initiatives, a financial planning company dedicated to the armed forces personnel and their families.
He has over 12 years of experience in financial planning and is a SEBI certified registered investment advisor; he is also accredited with AMFI and IRDA.... more
Asked by Anonymous - Feb 17, 2023Hindi
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I bought a Flat, with JOINT ownership with my wife, in December, 2021. The Conveyance Deed (amounting Rs.93.60 Lakh) was got executed & registered by the Builder in our favour in May, 2022. This Flat was earlier sold by the Builder to another person but the earlier owner never got executed/registered the conveyance deed and transfered/surrendered back the ownership on settlement of outstanding loan etc. by us, through finance by Bank, in December, 2021. We both are repaying the EMI for this joint property. Now, I have soldout my another house property (built in 2004 and was in single ownership in my name and not jointly with wife) in February, 2023 in Rs.90.00 lakh. Kindly let me know whether the capital gain of property sold by me can be adjusted against the property bought in JOINT TITLE / OWNERSHIP with wife.Thanks and Regards.

Ans: The provisions of Section 54 of Income Tax Act, which allows you to buy a residential property earlier and then sell some other residential property and adjust the LTCG (Long Term Capital Gains) of the latter into the former, is available only if the gap between the two transactions is One year or less.

In your case, you have written that you ‘bought’ the house in Dec 2021, and then ‘Conveyance Deed’ was done in May 2022. This is confusing since the applicability of Section 54 of Income Tax Act is specifically with ‘possession’ of the house.

If you got possession of the house in Dec 21, then the gap between possession of new house and sale of old house is more than One year and hence you cannot adjust the LTCG of the two properties.

If you got the possession of the new house in May 2022, then the Section 54 of Income Tax Act is applicable to you. Since the new house has been jointly bought and both of you have paid for it, then the LTCG of the sold house will be adjusted to the extent of your share in the newly bought house. If it gets fully adjusted, well-and-good. If not, then you will have to exercise other options (buy a property, buy 54EC bonds or pay the tax) as per Section 54.
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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Hardik

Hardik Parikh  |106 Answers  |Ask -

Tax, Mutual Fund Expert - Answered on Apr 05, 2023

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sir,I booked a flat on 14.6.2010 ( tentative cost Rs48.45 lakh)on self funding basis,based on stages of construction. Allottmeng letter issue by builder on 21.7.2010. possesson given 25.06.2013 against December 2013 with final cost of Rs.55 lakh app. excl.shifting chges. Flat was sold in March 2023 for Rs 122 lakh,excl brokerage,society dues,misc dues,TDS etc etc. I & my spouse both are now senior citizens. please advise the capital gain tax payable and how to reduce the same.this property is joint one with my spouse.shall appreciate ur early response...rgds....pramod KS.
Ans: Dear Pramod KS,

Thank you for asking about the capital gains tax for your flat's sale. I'll try to simplify the explanation and give you an idea of the tax and how to reduce it. Keep in mind that the accuracy of the answer depends on the details you've provided.

You sold the flat for Rs 122 lakh in March 2023. You made staggered payments for it, totaling Rs 55 lakh, from 14/06/2010 to 25/06/2013. To find the capital gains, we need to adjust the purchase cost for inflation using the Cost Inflation Index (CII) for each payment year.

Since the payments were made over multiple years, we must adjust the purchase cost for each payment separately. For simplicity, let's assume you made equal payments of Rs 18,33,333 each in 2010, 2011, and 2013. The CII for 2010-11 is 167, for 2011-12 is 184, and for 2012-13 is 200. The CII for the year you sold the flat (2022-23) is 331.

We'll adjust each payment's purchase cost like this:
Adjusted Purchase Cost = (Payment * CII for the year of sale) / CII for the year of payment

For the 2010 payment:
Adjusted Purchase Cost = (18,33,333 * 331) / 167 = 36,19,278 (approximately)

For the 2011 payment:
Adjusted Purchase Cost = (18,33,333 * 331) / 184 = 32,94,804 (approximately)

For the 2013 payment:
Adjusted Purchase Cost = (18,33,333 * 331) / 200 = 30,18,000 (approximately)

Now, add up the adjusted purchase costs:
Total Adjusted Purchase Cost = 36,19,278 + 32,94,804 + 30,18,000 = 99,32,082 (approximately)

Now we can find the capital gain:
Capital Gain = Sale Price - Total Adjusted Purchase Cost
Capital Gain = 1,22,00,000 - 99,32,082 = 22,67,918 (approximately)

Since you owned the property for more than 36 months, this is a Long-Term Capital Gain (LTCG). The tax rate is 20% after considering inflation.

Capital Gain Tax Payable = 20% of Capital Gain
Capital Gain Tax Payable = 0.20 * 22,67,918 = 4,53,584 (approximately)

You and your spouse jointly own the property, so each of you will pay tax on your share of the capital gain, approximately Rs 2,26,792 each.

To reduce the capital gains tax, consider these options:

Invest the capital gain in special bonds under Section 54EC of the Income Tax Act. These have a 5-year lock-in period and must be invested within 6 months after selling the property.
If neither you nor your spouse owns more than one residential property at the time of the sale, you can use the capital gains to buy or build a new house within specific time limits under Section 54 of the Income Tax Act. You must buy the new property within 2 years or build it within 3 years from the sale date.
Remember that these options have certain rules and limits. It's a good idea to talk to a tax professional to discuss your specific situation, calculate the exact adjusted purchase costs and capital gains, and follow the correct rules. I hope this information helps.

If you need assistance with the exact calculations based on the specific payment amounts and dates, a tax professional can guide you through that process. They can also help you understand the various exemptions and investment options available to minimize your tax liability further.

I hope this information has been helpful in clarifying the capital gains tax and potential ways to reduce it.

Best regards,
Hardik Parikh
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Mahesh

Mahesh Padmanabhan  |120 Answers  |Ask -

Tax Expert - Answered on May 05, 2023

Asked by Anonymous - May 05, 2023Hindi
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I have booked a under construction flat in May 2022 for 2.80 crs inclusive of GST and stamp duty likely possession in December 2023, Flat is in joint name with my wife on 50:50 basis. I have availed joint Bank loan of 2.10 crores which is partially disbursed approx 1.76 crores up to now. balance will be disbursed before possession. I will be selling by old flat in January 2024 which is in my individual name, which I purchased in July 2017 for 92.50 lacs inclusive of stamp duty, approx selling price will be 1.25 crores. This flat is also on loan of 54 lakhs outstanding .What will be the capital gain against this and can this be setoff against the new flat? Difference amount 1.25 crores(sale price) less 54 lakhs (Bank Loan) balance amount of 71 lakhs I might pay against the new bank loan of 2.10 crores which will reduce the loan to 1.39 crores. Please guide how to go to save the Capital gain tax.
Ans: Hi
You may have a long term capital gain of about Rs. 6.70 Lakhs. Suggestions to avoid paying any tax on this gain would be to pay towards the construction of the new house. This would mean that you may need to sell your house before you take possession of the new house in December 2023 and use the sale consideration to pay to the builder to the extent of approx Rs. 6.70 Lakhs to make it eligible as reinvestment in a new under construction property. This cannot be the other way round i.e. you cannot pay full amount to the builder and take possession and thereafter sell the old house.

If you need the house to stay till the possession of the new property then you could try for a rental arrangement with the buyer of your old house.
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Sushil

Sushil Sukhwani  |322 Answers  |Ask -

Study Abroad Expert - Answered on Apr 26, 2024

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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.
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Sushil Sukhwani  |322 Answers  |Ask -

Study Abroad Expert - Answered on Apr 26, 2024

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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
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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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