DEAR SIR,
ME AND MY FATHER OWNS A PLOT JOINTLY (REGISTERED IN 2012) HAVING EQUAL SHARE. MY FATHER PASSED WAY IN 2014. MY MOTHER AND SIBLINGS HAS GIVEN RIGHTS OF THE 50% SHARE (MY FATHER SHARE) OF THE PROPERTY TO ME THROUGH RELEASE DEED IN JULY 2017. IN NOVEMBER 2018 I SOLD THE PROPERTY. MY QUESTION IS WILL ANY CAPITAL GAIN I NEED TO PAY, IF YES WHAT IS PERCENT I NEED TO PAY. AND HOW DO I NEED TO CALCULATE THE PROFIT OF THE SALE?
THANKS,
KALYAN
Yes, capital gains tax liability arises.
For the release deed any amount paid to mother & others?
1. According to sec 2(47), the transfer also includes sale, exchange, relinquishment, and extinguishment of rights in the assets. So going but his definition we can conclude release deed will also cover under extinguishments of rights over the property.
2. However, family arrangements or settlements do not amount to capital gains tax as there is no transfer of asset. To back this view case law BA Mohota Textile Traders Pvt Ltd vs DCIT and CGT vs D Nagrirathinam were referred.
3. However, on sale, such property capital gains would be charged to tax as per sec 45.
4. In your case, Capital gains will arise only in the year of sale of Capital asset ( FY 2018-19) and not during the year of execution of release deed.
5. According to sec 49 for the purpose of computation of Capital Gains COA will be the cost to the previous owner ( share of Cost relating to your father). Indexation benefits will be available on the same.
6. As per sec 112, LTCG will be charged to tax @ 20%.
Please correct me if the above solution has an alternative view.
No Sir, i have not paid any money to my mother or others.
Do i need to consider sale profit as LTG or STG.
In that case it will be LTCG...
CAclubindia
