Captal gains tax:4 flats instead of 1
Pooja Khanna (Proprietor) (24 Points)
15 August 2012Pooja Khanna (Proprietor) (24 Points)
15 August 2012
Vishwas V Rao
( Chartered Accountant)
(239 Points)
Replied 18 August 2012
Since you have sold a commercial property, you will not be able to claim exemption if you purchase 4 residential house property.
The options you have are:
1. Purchase 1 single residential house property. (Certain conditions apply - like restriction on selling the new property, restriction on purchase of another property, etc)
2. If you are looking out for a big property, you can deposit this 1.35 crores in a Capital gain account scheme opened for this purpose.
3. Buy bonds - however restricted to 50 lakhs
4. Pay tax
Member
(Management)
(325 Points)
Replied 18 August 2012
Agree with Vishwas Rao. In any case, there are contrary decisions about claiming exemption for multiple purchase of flats. Your best bet would be to claim deduction under section 54F by purchasing one house property, subject to the conditions found in that Section. Invest Rs.50 lacs in REC bonds and pay tax on the rest. Don't forget to deposit the proceeds in CG A/c Scheme in banks (No FDs, remember) in case your acquisition is going to be after the due date for filing of Return of Income.
Arvind Khemka
(practicing CA)
(210 Points)
Replied 21 August 2012
since u have sold a comercial property you will not be allowed exemption u/s 54, instead you can claim exemption u/s 54F but in that case to claim exemption of Rs 1 cr 35 lacs u need 2 buy 1 residential flat worth the sale price of the commercial property,you csnnot buy more thn 1 residential flat for next 3 yrs
2nd option u have z 2 claim exemption u/s 54 EC upto Rs 50 lacs in current year and Rs 50 lacs in next year bfr filing ur return
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