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Long term capital gains form flat sale

Tax queries 415 views 5 replies

Hello,

My client single owner of flat (i.e wife) has sold the flat in 04/08/2018 for Rs.10300000/- and from sale amount she further purchased the flat in joint names for their self occupied purpose (i.e in the names of Husband and wife) in 28/08/2018 for Rs.13000000/-. Long Term Capital Gain Before exemption is Rs. 9628000/-. I want to calculate the Long Term capital Gain tax of my client (i.e wife) for AY 2019-20. My queries related to the same is given below:-

1. How much amount to be claimed u/s.54 purchase of new residential house (i.e 50% of her share Flat Purchase amount of 100% including husband share).

2. Is it necessary to file income tax return of her husband as he has just purchase the flat.

Kindly Suggest me.

 

Replies (5)

1. Only if shares of ownership is defined in the agreement. Otherwise she can claim full amount invested in new house property.

2. Based on his taxable income. Nit mandatory if no capital gains.

Thanks sir for your reply..

There is no points stating share of property and therefore it is assumed to be equally (Husband and wife).

Therefore I am availing 100% benefit of husband share in wife income tax return filling.

Its not husband's share that is being invested by wife. Its her own share. Second name is just added for security purpose.

ok sir

Rightly said Sir.


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