REDUCING TAX LIABLITY

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This discussion explores the legality of selling a jointly owned flat and transferring the proceeds to parents to reduce tax liability. It clarifies that capital gains tax may not be payable if the indexed cost exceeds the sale value. The conversation also touches upon the indexation calculation and the impact of a home loan on the process, confirming that gifting funds to parents is generally permissible and doesn't incur tax.

AJITH PARAKKA

AJITH PARAKKA (Querist)

28 April 2022 I have a flat which is jointly owned by me and my wife. If I sell the flat and transfer the amount to the account of my parents who have now no source of income so that I can reduce my tax liability is it allowed legally.They had provided us with initial capital required for buying the flat but I have been paying the EMI for 10 years. the l balance loan amount will be prepayed and the loan closed.The flat was bought for 60 lakh in year 2009 and selling price of flat is 1.15 crore 2022.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

28 April 2022 It's legally allowed being close relatives.
No capital gains tax payable on sale of flat as indexed cost is more than sale value.
No tax also in case of funds given to parents.

AJITH PARAKKA

AJITH PARAKKA (Querist)

28 April 2022 Thank you so much sir. if you have time can you please share what is the indexed cost of flat as on date. also I had taken loan so I had payed the builder from loan taken from bank which I am paying back as an EMI.Does indexation can still be applied same way

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

28 April 2022 It's 138 lacs
60÷137*317.

Yes, indexation still applied.

AJITH PARAKKA

AJITH PARAKKA (Querist)

28 April 2022 Thank you so much sir

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