Dear Mihir Sir,
I am a salaried person and file ITR every year. There was property in the name of my wife purchased in March 2018 and sold in August 2022 (FY 2022-23). The purchased value was Rs. 19,50,000 and the sale price being Rs. 32,50,000. Since she is a housewife and does not file any ITR. Sir I am to know that is she liable to pay any LTCG by filing an ITR this Assessment Year 2023-24 or any other way to show this income? Further, the gain on sale of this property has been totally used for my present house property (House- repair and renovation). Please guide me accordingly.
Ans: As per income tax provisions, any income arising from asset transferred to wife without consideration will be clubbed in the hands of husband.
Accordingly, if property is purchased in the name of wife and wife has not contributed anything from own source at the time of acquisition then clubbing provisions is likely to applicable at the time of transfer of such property. Capital gain will be taxable in the hands of husband.