Capital gain on sale of house

Tax planning 440 views 1 replies

Dear Sir, I inherited a house along with plot bought during 1956 by my mother @ Rs.2400/-. My mother died in Nov'1988. Now I want to sell a portion of the plot( 1/3 rd)  and the sale value will be around Rs.1.5 crs. In this regard I need the following clarifications.

1.Can I buy more than one property and it will help in saving capital gain tax?

2.Whether the investments may be made in my son's name and if so whether I will get the benefit.

3.I already have a house in my name. If I build a house in the remaining area, whether it will save captal gain tax. With the balance amount can I buy plots.

4.What is the procedure for maintaining the capital gain account.

5. In which financial investments, we can avoid capital gain tax.

Thanking You

Replies (1)

Your questions one by one

1.Can I buy more than one property and it will help in saving capital gain tax?

No under Section 54 specific mention of "A residential house" clearly meaning one house only.

2.Whether the investments may be made in my son's name and if so whether I will get the benefit.

NO investment to be made in the seller's name only. Joint names for purposes of succession plannig is allowed, provided the investment for which the exemption is claimed flows from the seller.

3.I already have a house in my name. If I build a house in the remaining area, whether it will save captal gain tax. With the balance amount can I buy plots.

Yes constructing house also qualifies for exemption. As mentionedearlier you can buy plots with balance but no exemption can be claimed for that

4.What is the procedure for maintaining the capital gain account.

Please read Capital Gains Accounts Schene at this link

https://www.legalcrystal.com/centralrules/Capital%20Gains%20Accounts%20Scheme,%201988.pdf

5. In which financial investments, we can avoid capital gain tax.

under 54EC investments in bonds of Rural Electrification Corporation and National Highways Authority of India Qualify for exemption. But there is a limit of Rs. 50 laksh exemption for the section per financial year


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