Builder false promises causing me worries

Tax queries 636 views 2 replies

 

I bought 2 flats(1BHK) on a single floor(first).

 

Afterwards, the Builder approaches me and tells me that he wants to 1 of the flat.

He says that he will give me another one on the tenth floor.

I said OK.

 

Builder then transfers money in my bank and I sign over one of my flat to him.

I then buy the flat on the 10th floor. All the money transfers back to builders account.

 

Builder promises that I will not need to pay any tax on the money I received as I have just changed the flat.

 

But a friend of mine says that I will need to pay tax on it.

Please help clear this confusion.

I don't have money to pay the double tax.

Replies (2)

If you sold your flat at more than the purchase price, you will have to pay Capital Gains Tax. 

Saving Tax in the above transaction

If you had purchased the first two flats three years prior to selling one flat back to the builder and purchased the one on tenth floor, capital gains would be exempt u/s 54. 

 

 

Originally posted by : CA Suraj Lakhotia

If you sold your flat at more than the purchase price, you will have to pay Capital Gains Tax. 

Saving Tax in the above transaction

If you had purchased the first two flats three years prior to selling one flat back to the builder and purchased the one on tenth floor, capital gains would be exempt u/s 54. 

 

 

Thank you Sir for your reply. Yes, I have purchased the first two flats three years prior to selling one back. Actually I had bought the flats when the construction had just started.

Will "me owning more than one house" cause issues for me ? I mean :-

  • I have a house
  • I buy 2 more houses when bulding had just started construction
  • I sell 1 back to builder after 3 years.
  • I buy same kind of house on 10th floor.

Please clear this for me.


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