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I.tax provision in fy 2017-18 on property to be sold by byul

Tax queries 228 views 3 replies

My assessee is builder he has Completed  Flates to be sold during Current Year, He want to know Whether any Tax/Advance tax is to be Paid as per New Provision

Replies (3)

" Whether any Tax/Advance tax is to be Paid as per New Provision?"

In which aspect, you mean to say 'NEW PROVISION?'

Actually my Client has been Confused by someone saying that Whether Property has been Sold or Not, Advance Tax has to be deposited, Till date No Tax/Advance tax has been deposited on unsold property ? Now if  Tax has to be depositedhow it will be Calculated when There is no Sale or Sale agreement

There is amendment in finace bill 2017, for flats which are completed but not sold, as follows:

== No notional income for house property held as stock-in-trade


Section 23 of the Act provides for the manner of determination of annual value of house property.
Considering the business exigencies in case of real estate developers, it is proposed to amend the said section so as to provide that where the house property consisting of any building and land appurtenant thereto is held as stock-in-trade and the property or any part of the property is not let during the whole or any part of the previous year, the annual value of such property or part of the property, for the period upto one year from the end of the financial year in which the certificate of completion of construction of the property is obtained from the competent authority, shall be taken to be nil. ==

That means, For the unsold flat/s, there is exemption for 1 more year for not assessing its (notional) rental income.

So, there is no need to pay any advance tax, untill they are sold.

But, if the flats remain unsold for next year also (assuming completion certificate issued in FY2016-17), then notional rental income would be liable over the flats (in FY 2018-19), and as such, if total income exceeds basic exemption limit, tax  liability would arise, including advance tax, if any.


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