CAPITAL GAIN

1144 views 3 replies

PLEASE SUGGEST ME REGARDING THE QUESTIONS GIVEN BELOW

A PERSON HAS A LAND, HE HAS GIVEN IT TO PROMOTER OR BUILDER, BUILDER BUILT  FOUR FLATS ON THAT AND GAVE ONE FLAT AND BALANCE PAID IN CASH TO THE OWNER OF THE LAND IN THE CONSIDERATION OF THE LAND AND REST OF THE FLATS  THE BUILDER SOLD TO OTHER PERSONS. SO IN THIS CASE

1. IS THE CAPITAL GAIN IS APPLICABLE IN THE HANDS OF THE ASSESSEE?

2. IF YES, HOW THE CAPITAL GAIN WILL BE CALCULATED?

3. ACTUALLY THE ASSESSEE DON'T WANT TO PAY ANY TAX , IS THERE ANY TAX PLANNING FOR NON PAYMENT OF CAPITAL GAIN TAX ON THE ABOVE IF IT IS APPLICABLE?

 

2.

 

Replies (3)

Dear Amir,

FIrst of all "Don't Gift the Land to Builder, otherwise it will be taxable in his hands u/s56(2)"..Keep it simple that the person has given his land just for construction of flats..

1) Capital Gain is applicable in respect of 3/4th of the land...

2) Sale price would be = "CASH" + "FMV of the FLAT"

3) If it is LTCG, then exemption u/s 54EC &/or 54F can be claimed & Tax can be saved on entire amount..

 Hi Amir,

can u pls through more light on why FMV of the flat will be taken into consideration??

I hope FMV of the flats sold would be taken into account.

Dear Tushar,

What this person has got from the builder in exchange of 3/4th of Land

1) CASH

2) CONSTRUCTION OF ONE FLAT FOR HIMSELF...

 Assets given v/s Assets acquired

Therefore asset acquired would be the aggregate of what he has got from the builder (cash+ FMV of flat)

If still u have any doubts plz ask.........

 

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