Capital gains (developement agreement)

Tax planning 390 views 1 replies

please kindly 

help me and solve my query

please 

thanks in advance

case:

my grand father acquired land of 720 sq yards on 12.16.1974

who died in 2001 without tranferring the propert neither to my father or my fathers sister 

my father have totally two sons and one daughter who are all majors and unmarried

my fathers sister have two daughters all majors and married

my fathers sister got married before 1980's 

so she doesnt have any share in property

all that she have is rights to restrict us to sell

some how we got her acceptance and asked her to release her right 

so that we can enter into developement agreement 

my doubt is whether it is benfitable if the right is transferred to my father only or to me, my brother, and my sister so that i could save tax. 

PROPERTY DETAILS :

LAND : 720 SQ YARDS 

MARKET VALUE RECENT (PER SQ YARD) : 2500

TOTAL MARKET VALUE : 2500 x 720 =1800000

FMV AS ON 1.4.1981: NEGLIGIBLE 

NOW THE LAND IS TO BE GIVEN FOR DEVELOPEMENT( CONSTRUCTION OF APPARTMENT)

TOTAL FLATS THAT WILL BE CONSTRUCTED:10 FLATS

OUR SHARE : 4 FLATS

TOTAL NUMBER OF SFT = 4FLATS x 1400 SFT =5600 SFT

TOTAL VALUE = 5600 SFT x 1000 RS PER SFT =56,00,000 RS

WHICH WE ARE GOING TO RECEIVE AFTER 2 YEARS WHEN WE ARE GOING TO SELL THEM

AFTER TWO YEARS WHEN WE SELL 

AMOUNT RECEIVABLE IS : 4 FLATS x 1500000 RS  = 60,00,0000 RS 

AND WHEN I AM ENTERING INTO THE DEVELOPEMNT DEED IT IS CONSIDERED AS TRANSFER AND I HAVE TO PAY TAX. RIGHT NOW I AM NOT IN A POSITION TO PAY SUCH HUGE AMOUNT. SO I WANT TO EXTEND THE TIMING OF TAXABILITY . 

PLEASE KINDLY HELP ME IN WHAT WAY I COULD REDUCE MY TAX LIABILITY , EXTEND THE TIMING  AND INVESTMENT PATTERN.

 

 

 

 

 

 

Replies (1)

Not a complete solution but few points to ponder

go for family settlement before execueting the dapa so that instead of single person you will have multiple individuals to claim the benefir of sec54.

Firstly just execute a deed wherein the developer is given a right to take all necessary permissions, legal sanctions & not a right to proeprty. This will postpone the capital gain till the time all sanctions have been approved. Once approved give an conditional power of attorney to the developer stating to develop the property and ask a refundable deposit so that the tax portion is covered which will be returned upon handing over your 4 flats.


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