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Capital gains tax

Tax queries 254 views 10 replies

Dear Experts,

I sold my house in July 2016 for 1 Crores and the Capital Gain computation turned out to be 32,50,000/= (by an Auditor I consulted that time) and have  the indexation workings with me.

In January 2016 I deposited the sum (32,50,000/=) to Capital Gains Deposit Account in a nationalized bank.

Ever since I haven't bought a residential apartment or property yet. By this, I assume I'll need to pay 20% tax on LTCG by JUly 2019.

Is there a way to legally avoid paying this tax.. such as by reinvesting in NH bond or any other means?

What are my options available now? (other than having buy an individual house by July 2019)

Thanks.

Replies (10)

No more option available now, except constructing a house property by July 2019.

concur with Mr Dhiraj view

Thanks for the response, sir.

Can I buy a independent house (not apartment) that's already constructed and available for sale now?

as of now the time limit for purchasing house property has expired (2 years from the date of sale) the only way to avoid capital gains tax is to construct a house property. this is my humble opinion. let's wait for experts opinion

Yes, correct.  No more option even for PURCHASE of any ready made house property, but any underconstruction property can be purchased which may get ready to occupy before July, 2019.

Does altering an existing house property count? Such as buying an old property and doing a major revamp. Does this revamp count as "under-construction"?

Thanks for the insights so far!

Does altering an existing house property count? Such as buying an old property and doing a major revamp. Does this revamp count as "under-construction"?

Also, can I use the parked LTCG funds for buying a *land* and then constructing?

Thanks for the insights so far!

Surely, provided old construction demolished completely.

Otherwise little difficult to convince at AO level; though some case-laws are in favour of assessee.

"Also, can I use the parked LTCG funds for buying a *land* and then constructing?"

Yes, but check that the amount of CG gets completely utilized in new construction before July 2019.

Excellent! Thanks for the insights, sir. 👌

Will further pursue it with an auditor to get this done.

Best Regards.

 


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