Capital gains

449 views 1 replies

Dear Seniors/ Friends

 

One of our client had purchased  a rural agricultural land in 1985 and a few years after that he had built a farm house on it, now in December 2012 he has sold the Land and the farm house and has received a lumpsum consideration for the same.

 

My question is will he have to pay tax on sale of this land and the farm house, will he have to pay the tax on the full amount of gains or the portion of land will be exempted, if yes then how will we bifurcate the consideration received for the sale.

 

Thanks in Advance

 

Warm Regards

Ravi Dasija

Replies (1)

You should bifurcate the sale consideration for land and building based on:

a. proportionate to cost of land and building; or

b. Based on fair market value of land and building on the date of transfer.

 

You can claim exemption in respect of rural agricultural land if you satisfy other conditions and gain on sale of building will be long term/short term as per facts.

 

Thanks

CA.Sachin Garg

New Delhi

 

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