Cost basis for house received in gift

Tax queries 709 views 4 replies

If I receive a house in Delhi as a gift from a parent,  what is my cost basis for computation of capital gains tax when I eventually sell it? 

My parents bought the house for Rs. X more than 3 years back.  The price using "circle rate" on date of gift to me  is Y. The expected price at future dae of sale in few years is Z

  1. I am assuming I will have to register the gift and pay stamp duty. What is the rate of stamp duty in Delhi for gifts from parents? 
  2. When I sell the house later in a few years, will I pay tax on Z minus X (indexed for inflation) or Z minus Y (indexed for inflation)
  3. If the tax has to be paid on Z minus Y and If the market rate on date of gift is mugh higher than circle rate  Y, is it better or even possible to pay stamp duty now on the higher market rate amount so as to reduce the capital gains amount later.  (This will ofcourse be based on some mathematical modelling on future expected price)

Do any of the answers change if the house is received as an inheritance from a parent rather than as a gift during their life time ?

Replies (4)

I am not aware of stamp duty in Delhi

however to answer your question 2 you will pay tax on Z minus X (indexed for inflation)

To reply your question 3 if you are planning to take Y as the price of the house then gift received by you has to be treated as transfer and your parents need to pay capital gains on transfer of house property.

With respect to last question house can be received as an inheritance after death if during life time it is received it is treated as Gift.

Please do check provisions of Gift Tax also..

If a house is received in inheritance,  and later sold, what is the cost basis of the house for capital gains perspective? Is it X, the date of original purchase by the deceased, or the Fair market value on the date of the inheritance?

 

Hi Ernest,

In case of house received by way of gift, the cost of acquisition shall be the cost to the previous owner, i.e. your parents.

The Fair Market Value will not be considered in case of gift / inheritance. You will index this cost with the Cost Inflation Index of the year of acquisition of your parents.

Originally posted by : Prateek Agarwal

Hi Ernest,

In case of house received by way of gift, the cost of acquisition shall be the cost to the previous owner, i.e. your parents.

The Fair Market Value will not be considered in case of gift / inheritance. You will index this cost with the Cost Inflation Index of the year of acquisition of your parents.


agreed


CCI Pro

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