Can i sell house and purchase commercial property -tax issue

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Guys I had sold my old house and want to purchase commercial property(Office) in gurgaon. From selling house I got 20L white cheque payment.... Now If i use this 20L for commercial property(Office) then there is no issue ? 

Please Help what to do ? Someone told me I can't purchase commercial property(Office) with house selling profit ? I need to pay tax for it



What you think?

Replies (11)
As per my opinion it is not possible to claim exemption from capital gain on inv. in commercial property

You should purchase a residential property where  commercial activities are allowed.

I suppose 20L is the capital gains. you should invest in NHAI/REC bonds or new house. Untill then the money should be kept in  Capital gains Accounts in in any nationalised bank.

Originally posted by : S. Shiroor
You should purchase a residential property where  commercial activities are allowed.

I suppose 20L is the capital gains. you should invest in NHAI/REC bonds or new house. Untill then the money should be kept in  Capital gains Accounts in in any nationalised bank.

Thanks a lot for replying. What if I want to purchase commercial property ? with minimum tax paying ? How much tax is on commercial property

Can you tell me about  What is Capital gains Accounts ? Right now Money is in Private bank Saving account. 

 

 

Capital gain account means that account open for deposit the money from selling of capital assets until u havent invest for another purpose which save gain tax.

Thanks, But I deposited in my personal saving account. Is there any issue ?

 

What if I want to purchase commercial property ? with minimum tax paying ? How much tax is on commercial property

U are liable to pay the cap gains...only benefit u have is indexation... There is no exemption where u can set off the ltcg with the new business office purchase

Go to your bank (Nationalized) . ask for a capital gains saving account form - fill it - transfer the sale proceeds of old House in that.  Remember if your indexed cost of purcahse is X and you sold for Y including brokerage. Then only (X-Y) need to be put in this account. If you dont deposit in CGSA  then I think there is some penalty. You need to prove to AO if inquiry/scrutiny comes that the capital gains exemption was proper. If you buy commerical property there is no exemption in capital gains - 20% of 20 lakhs viz 4 lakhs you haave to pay capital gains tax.   

Exemption u/s 54 or u/s 54EC is possible if u invest ur consideration in another one residential property or Bonds of NHAI/ REC respectively.... In ur case if u want to acquire commercial property then u have to pay capital gain taxes on profits from sale of house property(subject to indexation).... Rate of taxes would be 20% but limited to 10% without indexation.....
You can purchase a commercial property from the proceeds of sale of your old house. There is nothing to worry about. Only thing is, you have to pay income tax @ 20% on capital gain calculated as per the manner provided in income tax law.
Originally posted by : Shivam gupta
You can purchase a commercial property from the proceeds of sale of your old house. There is nothing to worry about. Only thing is, you have to pay income tax @ 20% on capital gain calculated as per the manner provided in income tax law.

 

Can you please explain it in detail?

 

Hi... Reference this discussion chain; I have a question too. If I sell a residencial property, but buy a modern-day residencial suite (basically, a service apartment for personal living purpose) built along with a Mall, then do I still need to pay Capital Gain Tax on the entire amount?


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