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Vivek

Vivek Lala  |94 Answers  |Ask -

Tax, MF Expert - Answered on Mar 20, 2023

AKASH Question by AKASH on Mar 18, 2023

Money
My father has sold a piece of land and now wants to save capital gain tax. Can I sell my flat to my father under sale deed to get the capital gains benefit to my father?
Ans: There is a tax liability in both cases
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Asked by Anonymous - Feb 17, 2023
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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.
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Tax Expert - Answered on May 05, 2023

Asked by Anonymous - May 05, 2023
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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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Anu

Anu Krishna  |458 Answers  |Ask -

Relationships Expert, Mind Coach - Answered on Jun 03, 2023

Asked by Anonymous - Jun 02, 2023
Relationship
I am a 45 years old Indian living in the US for the past 10 years with the family. Despite having a steady job and a pay which typically is considered high, I end up spending more than my income. My wife also works full time with good pay as well but she thinks it's my responsibility to provide and she just saves all her money in her own accounts. We have multiple properties on both our names including cars but only I pay. I pay for groceries, bills, travel everything. On discussing about the expenses, which I have done multiple times so far, she says I should be ashamed to expect money from a woman. If this continues, I will reach retirement age kind of broke I feel. Also, I will spend sleepless nights thinking about finances until then. Please advice.
Ans: Dear Anonymous,
Like in any partnership, marriage is one such partnership where everything is usually shared. But I do know of couples, where they mutually agree that one partner takes care of the bills and the other education etc.
In your case, your wife has been saving up and you have been bleeding dry of your finances.
But why exactly are you spending more than your income? Financial mismanagement? Maybe that's why your wife is worried that it might happen to her portion of the income too?
Having said that, I guess your wife also needs to move past the belief that the Man is solely responsible for bringing money home. By that logic, she should never have worked, right?

Since she is working as well, she can contribute towards the family to the extent it can help but it is also imperative that as a woman she keeps some finances saved as a back-up for herself. It provides a good safety blanket for a woman since she possibly feels that you are spending more than what you earn.
It's up to you to bring about the subject without her feeling that you are out to spend all her money. So, you really need to start with managing your finances better...I am sure things will get better from thereon...

All the best!
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Anu

Anu Krishna  |458 Answers  |Ask -

Relationships Expert, Mind Coach - Answered on Jun 03, 2023

Relationship
Hi Anu, I hope you're doing well. I'm a 24 year old girl working as a software engineer. I was in love with a boy in long distance relationship and I met him only once. We both had great understanding, respect on each other. It was all good between us. On February 2023, he called me one day saying that he wants to tell his parents about our love matter. I said okay and asked him what he wanted to do if his family disagrees. He said that he'll wait until his family approves. I was okay with it and he informed to his family. But things started changing after he talked with his family. He wanted to break up with me. I told him many times that I wanted to be with him and don't want to break up. But, he didn't agree. Eventually, we stopped talking with each other. It was hard for me to move on but after few months, i finally decided to move on with my life. Then suddenly he messaged me saying that he wants to get back with me. I didn't agreed as I lost my trust on him. He even informed his family about getting back with me and they were okay with it. He wants to marry me. But, now the problem is I still like him, but I lost trust in him. I wanted to give him a chance but I'm afraid because of past break up with him. I'm confused about what should I do? Anu, can you please suggest me about giving him a chance or moving on with my life?
Ans: Dear Mahi,
Thank you for asking. I am doing well and trust that you too will be in the same space as well.
When what he has done has broken your trust, it is difficult to get it back... he has come back, but you are perhaps thinking: what if he pulls the same stunt again? And this makes you question every move of his...

If you look at it from his point of view, he possibly also loves you but his family pressures are getting to him and he can do only that much. Yes, it would have been more 'human' to talk to you about what had happened after he spoke with his family. But he chose not to and that lack of transparency is what has thrown you off...perhaps, he isn't all that mature emotionally or feels that he might lose you if he shares anything.

Whatever it is, your loss of trust on him is justified after the way he had behaved. If the two of you still want to give your relationship a chance, kindly do so...and clearly state to him that you have lost trust on him. Not only does he have explaining to do but he must reassure you that he will be honest with you in future. Also, give some time before committing to a marriage while you watch whether he has changed and he is consistent with what he has committed to changing. Only when you are sure, take a decision either way!

All the best!
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Anu

Anu Krishna  |458 Answers  |Ask -

Relationships Expert, Mind Coach - Answered on Jun 03, 2023

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