Long term capital gains tax

619 views 4 replies

Purchased my first house in 2006 worth about 30Lacs. Brought the new house in 2011, August (booked in this date, yet to pay the full amount and register it). This new house is on loan of 75 lacs.

Sold the old house for 40 Lacs in 2012 Oct. If I take this 40 Lacs and part-pay my new loan to bring it down from 75 to 35. Do I need to pay any long term capital gain tax of the earnings from the old house. Is there any considerations of the booking date of the new house, loan start date of the nw house, registration of the new house? any of these dates that can play a critical role in this ?

please advise.

Replies (4)

Your Old house is long term Asset (i.e.you are holding this asset for more than 36 months).

So you have to calculate Indexed Cost (Based on inflation Index announced by CBDT for each year).

I Think If you calculate Indexed Cost you will not have any gain you will be on Loss.

There will not be any question of Tax.

thanks for the prompt response.. just in case the indexed value is yeilding some marginal profits and I use it to repay the loan, then, is that exempted from the capital gains tax. Wanted to get some clarification on the rules of this expemtion.

You Can Get exemption u/s 54, Provided you satisfy the following Conditions:

01. Asset should be residential House and Should be Long Term Asset - In your case I think Yes.

02. You should invest in another property One year Before or Two Years After the date of Sale - You whould have invested on or after October 2011.

Instead of taking Booking date take the date on which you got the possession.

The Gains arising from your Old House would be exempt under Section 54 as the Old House is a Long Term Capital Asset and both the Houses are Residential

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