banner_ad

Capital Gain Tax

Tax planning 694 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
04 June 2026
Semi Qualified CA

Goyal Puneet & Associates

New Delhi

CA Final

View Details
Company
ARTICLESHIP 27 May 2026
CA Article Trainee

Rahul Dang & Associates-Chartered Accountants

Pune

CA Inter

View Details
Company
ARTICLESHIP 08 June 2026
Internal & Taxation Article

O P Bagla & Co LLP

New Delhi

CA Inter

View Details
Company
19 May 2026
Article, CA & Paid Assistant Positions

Aggarwal Sarawagi and Co

New Delhi

CA

View Details
Company
Featured 27 May 2026
Lead Conversion Executive / Sales Closing Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
ARTICLESHIP 04 June 2026
Article

Rakhecha & Co.

New Delhi

CA Inter

View Details
Company
16 May 2026
Account & Audit Asst

RAHUL KHANDEBHARAD & ASSOCIATES

Nashik

B.Com

View Details
Company
Featured 28 May 2026
SEMI QUALIFIED/ CA DROPOUTS/ ARTICLES

T R SOOD & CO

New Delhi

CA Inter

View Details