Capital Gain Tax

Tax planning 672 views 5 replies

Mr. A purchase house property in the year 1979 and transfer the same in the name of his elder son Mr X in the year 1991. Mr A has three son X, Y, & Z. Now the propery will be sold and sale proceed will be distributed equally to three son X Y Z.

How the tax will be effected and what tax planning should be done.

Replies (5)

 

Divide the sold property amount in among 3 and you can invest this amount in capital gain scheme.

the whole amount of capital gain will be chargable to tax unless the capital gain amount is invested in another house property ( u/s 54) within 2 years. 

Dear Bimal, 

Tax will have to be paid on the capital gain by  Mr X unless he invest amount according to section 54, 54EC etc.

If he does not claim exemption, then pay tax on capial gain and remaining sum he may distribute to other brothers (as gift) taking into the consideration of tax paid.

I hope you have calculated the Capital Gains by applying the Indexation to the Cost of Acquisition.

In my opinion,

If A has transfered the same to his son X  at adequate consideration, then X will have to pay CG in 1991, and A has to pay CG now. Nothing to be paid by Y and Z.

 

If A has transferred the same by Gift, in that case, the CG to be borne by A and neither the sons X,Y,Z.

However, he can claim exemption u/s 54 or 54EC.

mr. sunil is correct


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 12 March 2026
Customer Relationship Executive

TAXLET

Calicut

B.Com

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 14 March 2026
Article Trainee

N N V Satish&co

Hyderabad

CA Inter

View Details
Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details