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Mihir

Mihir Tanna  |409 Answers  |Ask -

Tax Expert - Answered on May 26, 2023

Asked by Anonymous - May 25, 2023
Money
how is long term capital gain tax calculated if last property was on solo 1 person ownership and new property purchased is on joint ownership(more than 1 person)?
Ans: Person can invest capital gain earned from one house property in acquiring another house property to save tax from capital gain. New house property can be in joint name.

As soon as capital gain amount is invested in new house property, Jointly acquired property will not make ineligle from capital gain exemption.
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Mihir

Mihir Tanna  |409 Answers  |Ask -

Tax Expert - Answered on Nov 17, 2022

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.

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Sanjeev

Sanjeev Govila  |89 Answers  |Ask -

Financial Planner - Answered on Feb 17, 2023

Asked by Anonymous - Feb 17, 2023
Money
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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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

Dr Ashish

Dr Ashish Sehgal  |65 Answers  |Ask -

Relationships Expert, Mind Coach - Answered on Jun 02, 2023

Relationship
I JUST WANT TO KEEP FRIENDSHIP TO BE FREE FROM TENSION AND DEPRESSION HOW CAN YOU HELP ME
Ans: Maintaining healthy friendships is important for your well-being. Here are some suggestions on how to keep your friendships stress-free and enjoyable:

Communication: Open and honest communication is key. Express your feelings, concerns, and needs to your friends, and encourage them to do the same. Effective communication can help address any issues or misunderstandings before they escalate.

Boundaries: Establishing and respecting personal boundaries is essential in any friendship. Clearly communicate your boundaries and be mindful of your friends' boundaries as well. This can help prevent conflicts and promote mutual respect.

Active listening: Practice active listening when your friends are sharing their thoughts or concerns. Show genuine interest, ask questions, and provide support when needed. Being a good listener strengthens the bond in friendships.

Quality time: Make an effort to spend quality time with your friends. Plan activities or outings that you all enjoy and create opportunities for meaningful connections. This can help strengthen your friendships and create positive experiences together.

Acceptance and understanding: Recognize that everyone has their strengths, weaknesses, and differences. Accept your friends for who they are and try to understand their perspectives. Embracing diversity within friendships can lead to a more harmonious dynamic.

Conflict resolution: Conflicts may arise in any relationship, including friendships. When conflicts occur, address them calmly and constructively. Approach the situation with empathy, actively listen to each other's perspectives, and work together to find resolutions that satisfy both parties.

Self-care: Take care of yourself physically, mentally, and emotionally. Engage in activities that bring you joy and relaxation. Prioritizing self-care allows you to bring a positive and balanced energy to your friendships.

Remember that maintaining friendships is a two-way street, and both parties need to invest time and effort. If you're feeling overwhelmed or experiencing tension or depression, it's essential to seek additional support from a mental health professional who can provide guidance tailored to your specific needs.
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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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