Capital gains to us citizen

614 views 1 replies

WE HAVE A CLIENT WHO HAS RECEIVED A SALE CONSIDERATION OF RS 92,00,000 FORM SALE OF A FLAT, THE SALE TOOK PLACE IN JULY,2012. THE PURCHASE PRICE OF THE FLAT WAS 25,00,000 IN YEAR 2003. MY QUESTIONS ARE AS FOLLOWS :

1)  AS THE INDEXATION FOR YEAR 2012-13 IS NOT YET ISSUED WHAT INDEXATION SHOULD I TAKE TO CALCULATE CAPITAL GAINS ?

2)  HOW MUCH AMOUNT CAN BE REPATRIATE BY A BANK ?

3)  THEIR EXIST A DTAA AGREEMENT BETWEEN US AND INDIA AND THE US CITIZEN WANTS TO PAY TAX IN INDIA SO WHAT ARE THE EXEMPTIONS AVAILABLE TO HIM ?

4)  WHAT RULES OF FEMA ARE TO BE CONSIDERED IN THIS CASE ?

5)  WHAT ARE THE OPTIONS FOR AVOIDING TAX IN INDIA AND USA ?

 

Replies (1)

Indexation is not available to non residents.  I don't think there is any option to pay tax, it has to be paid in India, as the income arises in India from assets situated here.  Section 195 would have also applied to this transaction.  Not sure about the other queries. 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 27 May 2026
CA Article Trainee

Rahul Dang & Associates-Chartered Accountants

Pune

CA Inter

View Details
Company
16 June 2026
Sr. Associate / Assistant Manager | TAS / FDD

Boutique Investment Bank & Transaction Advisory Firm

Gurgaon

CA

View Details
Company
ARTICLESHIP 24 June 2026
CA Article Trainee

Rahul Dang & Associates

Pune

CA Inter

View Details
Company
24 June 2026
Chartered Accountant

CA Darshita Shah & Co

Nadiad

CA

View Details
Company
22 June 2026
Finance Manager- Chartered Accountant

Triveni Turbine Limited

Bengaluru

CA

View Details
Company
ARTICLESHIP 20 June 2026
Articleship

RB KESHRI & CO

Mumbai

B.Com

View Details
Company
04 June 2026
Semi Qualified CA

Goyal Puneet & Associates

New Delhi

CA Final

View Details
Company
09 June 2026
Accounts Associate

S Madan and CO

New Delhi

Graduate (Any)

View Details